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Home My WebLink About2017-004 BOUND AGREEMENT 1 RESOLUTION NO. 2017-04 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 CONTRACT WITH DBX, INC., FOR 9TH STREET AND ARROWHEAD AVENUE 4 SIGNAL UPGRADE, HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL- 5033(051),ADV PROJECT ID 0812000004, PER PLAN NO. 12811 (TC12-002). 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. DBX, Inc., 42024 Avenida Alvarado, Suite A, Temecula California 8 92590 is the lowest responsible bidder for 9th Street and Arrowhead Avenue Signal Upgrade, 9 Highway Safety Improvement Program HSIPL-5033(051), per Plan No. 12811 (TC12-002). 10 SECTION 2. The Director of Finance is hereby authorized and directed to amend the 11 FY16/17 Adopted Budget by transferring $234,819 from unallocated Measure I (Fund 129) 12 monies to provide a total funding amount of$388,872.00. 13 SECTION 3. A contract is awarded accordingly to said bidder in a total amount of 14 $302,553.00 with a contingency amount of$30,255.00 but such contract shall be effective only 15 16 upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The 17 City Manager is hereby authorized and directed to execute said contract on behalf of the City. 18 A copy of the contract is on file in the office of the City Clerk and incorporated herein by 19 reference as though fully set forth at length. 20 SECTION 4. The Purchasing Manager is hereby authorized and directed to issue a 21 Purchase Order to said bidder in the amount indicated in SECTION 2 above. 22 SECTION 5. This contract and any amendment or modifications thereto shall not take 23 effect or become operative until fully signed and executed by the parties and no party shall be 24 obligated hereunder until the time of such full execution. No oral agreements, amendments, 25 1 I modifications or waivers are intended or authorized and shall not be implied from any act or 2 course of conduct of any party. 3 SECTION 6. The authorization to execute this contract is rescinded if the parties to the 4 contract fail to execute it within sixty(60) days of passage of this Resolution. 5 6 7 8 9 10 12 13 14 15 16 /// 17 18 19 20 21 22 23 24 25 2 I RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 CONTRACT WITH DBX, INC., FOR 9TH STREET AND ARROWHEAD AVENUE SIGNAL UPGRADE, HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL- 3 5033(051),ADV PROJECT ID 0812000004, PER PLAN NO. 12811 (TC12-002). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 9th 6 day of January, 2017, 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 RICHARD X 15 MULVIHILL X 16 17 Georgea anna, C , City Clerk 18 The foregoing Resolution is hereby approved this —day of January, 2017. 19 } . 2 /1 R. Carey D%=ayor 21 City of San dino Approved as to form: 22 Gary D. Saenz, City Attorney 23 24 25 3 COUNCIL MEETING - 1/9/17 ITEM 5L r RESOLUTION #2017-04 FILE NO. 1.7931 ACCT.NO. 129-160-5504'7931 rr CITY OF SAW BERNARDINO STATE OF CALIFORNIA BID A" CONTRACT DOCUW14T'S PLANS ANA SPEC7A, PROVWONS NO. 12911 t FOR ' TRAFFIC SIGNAL. UPGRADE AT 9*H STREET AND ARROWHEAD AVENUE (TC1 2-002) ' HIGHWAY SAFM I1dMOVEMM PROGRAM �SIPI,P-�Q3�0�1�1 NO. 55518 owl 120irme �A0 AFPARTNUff OF PLMUIC WOM MY OF SAM BE NARDNO SF1'TT; 7,2016 BIDS WILL BE RECM 17 TO TM HOUR OF 2M PJL w Executed in Three Counterparts f! ! The Guarantee Company of North America USA 9000 Town Center, Suite 1800, Southfield, MI 48075 I PERFORMANCE BOND s Premium: $2, 723 E BOND AMOUNT: $ 302 , 553 BOND NO.: 12140321 KNOW ALL MEN BY THESE PRESENTS, That we, DBx, Incorporated f p{ E As Principal, and The Guarantee Company of North America USA, a Michigan Corporation, as Surety, are held and firmly bound unto city of San Bernardino As Obligee, in the sum of three hundred two thousand five hundred fifty-three & N01100's ($302,553 .00 ) Dollars for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the day of , the Principal entered into a contract with the Obligee for Traffic Signal Upgrade at 9th Street and Arrowhead Avenue (TC12-002) Highway Safety Improvement Program HSIPL-5033 (051) Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said Contract in accordance with the plans, specifications and terms thereof, then this obligation shall be void; otherwise, it shall remain in full force and effect. Sealed with our Seals and Dated this 19th day of January 2017 DBX, I orporated Prin aY• �� The 4ua o pany of North America USA By: Attorney-In-Fact CHARLES L. FLAKE 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 Riverside ) On January 23, 2017 before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer personally appeared James C. Perry Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. PHYLLISSA MARTZ WITNESS my hand and official seal. Notary Public -California ZRiverside County Z Commission #2159844 D My Comm.Expires Au 11,2020 Signature ignature of Notary Public 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: City of San Bernardino Contract Document Date: January 23,2017 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James C. Perry Signer's Name: [)d Corporate Officer — Title(s):PresidenVSecretai�tfTreas. ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — �, Limited -7 General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney irr Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian.or Conservator ❑Other: :1 Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. i STATE OF CALIFORNIA County of Orange On 1/19/17 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal I personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), ERIN A.SHERWOOD and that by his/her/their signature(s) on the instrument the Commission E W OD person(s), or the entity upon behalf of which the person(s) _ acted, executed the instrument. z `d Notary Public-California i Orange Cow,ty D M Comm.Ex Tres Jul s,2019 1 certify under PENALTY OF PERJURY under the laws of +.+.��.r. the State of California that the foregoing paragraph is true and correct. Witness my hand a official seal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL I 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 - ••- ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF ❑ Trustee OF SIGNER F1 Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: . ..� �...��...... ................ ................................... — THE The Guarantee Company mfNorth America USA x�Nl��U�� y�nx�x�omun�m� Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint David L.Culbertson,Charles L. Flake,Richard a.Coon,Spencer Flake Culbertson Insurance Services,Inc. its true and lawful mmmey( mmnum' seal and deliver for and on its behalf as surety, any and on mmuo and ucdenamnno, contracts m ' indemnity and other writings obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged»v its regularly elected officers mthe principal office. � The Power m Attorney is executed and may b remnvd so,and may»o revoked, m IX,Section onoof the By-Laws � adopted by th Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority; 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department.. ..... —_----_', company of any of its obligations under its bond. ' —connection—_with obligations—n_favor—the_—Kentucky Department_—Highways only,it is agreed that the power and authority ��to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to��C�� — Department m Highways m the Commonwealth m Kentucky ot least thirty(3o)days prior m the modification orrevocation. Further,this Power m Attorney ia signed and sealed uy facsimile pursuant to resolution of the Board m Directors c«the Company adopted atameeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power o«Auomnyv,certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when wo used shall have the same force and effect us though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal tobe affixed ux its authorized officer,this uom day o,February,2V1c. ' THE GUARANTEE COMPANY or NORTH AMERICA USA STATE OF M/c*|swm Stephen c.mvonwax.President mCOO Randall Muvomman.Secretary County mOakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takel |w WITNESS WHEREOF,|have hereunto set mv hand nt The Guarantee Notary Public,State m/Michigan Company p,North America USA offices the day and year above written, County mOakland My Commission Expires February e7,2018 Aotinomoumanucnvn� —7 ^ --'—~~--- ' |.Randall Mvsoe/man.Secretary m THE GUARANTEE COMPANY or NORTH AMERICA USA,do hereby certify that the above and mmon/ is true and Correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still In full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 19 th day of aanu*cv . e017 N 1A�/ mvnual|mvoonman Secretary ' 1 / � � i t Executed in Three Counterparts The Guarantee Company of North America USA 1 9 1000 Town Center, Suite 1800, Southfield, MI 48075 Premium: Included in PAYMENT BOND Performance Bond BOND AMOUNT: s 302, 553 . 00 BOND NO.: 12140321 KNOW ALL MEN BY THESE PRESENTS, That we, DBX, Incorporated As Principal, and The Guarantee Company of North America USA, a Michigan Corporation, as Surety, are held and firmly bound City of San Bernardino i As Obligee, in the sum of three hundred two thousand five hundred fifty-three & NO/100's ($ 3 02 , 5 53 . 0 0 ) Dollars for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. E WHEREAS, on the day of the Principal entered into a contract with the Obligeefor Traffic Signal Upgrade at 9th Street and Arrowhead Avenue (TC12-002) Highway Safety Improvement Program HSIPL-5033 (051) Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall pay all lawful claims of sub-contractors, materialmen, or laborers for labor performed or materials furnished directly to the Principal, in the performance of said Contract, we agreeing that his bond shall be for the benefit of any sub- contractor, materialman, or laborer having a just claim, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following condition: No suit or action shall be commenced hereunder by any claimant. a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. b) Other than in a state of 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. Sealed with our Seals and Dated this 19th day of January 2017. DBX, Incorporated Prin ' By: The'. r _11, a ea pany of North America USA By: Attorney-In-Fact arles L. Flake i 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 Riverside ) On January 23, 2017 before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer personally appeared James C. Perry Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. PPHYYLLISSA MARTi___j WITNESS my hand and official seal. Notary Public-California Z `O Riverside County Z Commission #2159844 n Signature My Comm.Expires Aug 11,2020 ignature of Notary Public 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: City of San Bernardino Contract Document Date: January 23,2017 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James C. Perry Signer's Name: (k Corporate Officer — Title(s):President/Secretary/Treas. ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑ Limited 1-1 General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney irrFact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian.or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. I I STATE OF CALIFORNIA i County of Orange i On 1/19/17 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal i i personally appeared Charles L. Flake I Name(s)of Signer(s) . I I I I who proved to me on the basis of satisfactory evidence to i be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the ERIN A.SHERWOOD person(s), or the entity upon behalf of which the person(s) - Commission#2118628 acted, executed the instrument. j i Notary Public-California i j Orange Com.ty ' I certify under PENALTY OF PERJURY under the laws of I My Comm.Expires Jul 6,2019 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ju � , 0�)__ (I Place Notary Seal Above Signature of Notary Public ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of 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 El 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: _........_......_--...-......._......_..._.__._....................................-......� ...........................-.............................................._..._...---------...............-....... _ —...__....................... —..._..-_..._...__..__......................_._; THE The Guarantee Company of North America USA GUARANTEE Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint David L,Culbertson,Charles L.Flake,Richard A.Coon,Spencer Flake Culbertson Insurance Services,Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: I 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, j bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and i construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. >a""T IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA �/AM£a`0 STATE OF MICHIGAN Stephen C.Ruschak,President&COO Randall Musselman,Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takal IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee v Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2018 J Q'. �Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and Correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. C- TEV, IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company thisl9 th day of January , 2017 fsO�n,Awe�` Randall Musselman,Secretary AC " CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD/YYYY) 1/20/2017 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 have ADDITIONAL INSURED provisions or 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 Garrett/Mosier/Griffith/Sistrunk CONTACT NAME: Risk Management& Insurance Services A ON o Ext: (949)559-6700 FAX No): (949)559-6703 12 Truman E-MAIL Irvine, CA 92620 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# www.gmgs.com OB84519 INSURERA: Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B: National Union Fire Ins Co of Pittsburgh,PA 19445 Inc.DBX 420 A 24 Avenida Alvarado, Suite A INSURERC: Everest National Insurance Company 10120 420 Temecula CA 92590 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 33858274 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 INSD SUER POLICY NUMBER MMIDDY/YYYY MM/DDNYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ DT22CO7202P439TCT16 3/1/2016 3/1/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE l OCCUR PREMISES Ea Cc.".,,.) $ 300,000 ✓ XCU,BFPD ICP,Wrap Excl MED EXP(Any one person) $ 5,000 ✓ Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑JE� 17 LOG PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: 1 $ A AUTOMOBILE LIABILITY BA7202P439TCT16 3/1/2016 3/1/2017 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident B UMBRELLA LIAB �/ OCCUR BE062115711 3/1/2016 3/1/2017 EACH OCCURRENCE $ 10,000,000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 7600005857161 10/1/2016 10/1/2017 ✓ STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: All California Operations of the Named Insured-Traffic Signal Upgrade at 9th and Arrowhead Avenue TC12-002 As respects General Liability coverage,The City of San Bernardino is added as Additional Insured,per CGD3610305 and CG20370704 attached. CERTIFICATE HOLDER CANCELLATION City of San Bernardino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Department of Bernardino Development Services Division of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN De ar Works ACCORDANCE WITH THE POLICY PROVISIONS. 300 North "D"Street, 3rd Floor San Bernardino CA 92418-0001 AUTHORIZED REPRESENTATIVE Calvin Sistrunk ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 33858274 1 16/17 GL, Auto, Umb, WC I Jodi Clark 1 1/20/2017 12:46:30 PM (PDT) I Page 1 of 5 -Y GENERAL LIA81ri 3`ixalE;`2 AL POUCYNUMBER DT22C07202P439TCT16 i-&IJE DAT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUFRPE'D - OWNERS, I-ESSE.ES OF,! C,V0NTRACrT0FV', - SCHEDULED PE1--,1S(")*N OR ORG This-,,-Jo-Rcmont modifies it,wrarce provided under the to'lawmi* GENERAL UA41LI7Y COVERAGE PART SCHEDULE ames of Additional Insured Person($)or Organlzgl*0 City of San Bernardino Public Works Department 300 Northi 'M" Street, 3rd Floor San s€ernareioo, CA 92418-0001 Authorized Representative i,scazior of Covered OpPrabcM,' Traffic Signal Upgrade at 9th Street and Arre"rhead Avenue; TC12-002 information req.%fedto--0rnPJc,%tKa Scnedile,1frot shown aho�,v vAR be shown in trle DedaratlOnSJ A. it-Vv ii Is,An ln36.*c4 is amended to ir- Thlaisisurance does not apply to"boally iniur/'or I D -'u q" dude a�) aa insured the p&tjonks) or rop,,,rtydarrage" ocewfing.,or"Dorsonal in 14 'y or 'idvelsi�,q injury' ari-sing tit of ar offfinse �.YtanAza,�on(s) shmvn i-1 the srhejile, but on t. w,.i respect to pab:fity for'boaiiy injury*,"prol:G-rty Committed,after- inF,jry, or "auve"ng -n)ury' 1. A work, indu61g materials, parts or eq r p- r,mused, ir wi-nie or in parl'tj 'Y' ment fLrntshed in conrreaon with such warx, 1. ym,r sets or omisAortz'or on tl'e proj%.t (other than service, MaInti,- rrence or re Cairo} try t performed by or fw 2, Tfi.� Acta or omi�sions rt tj1,,,3,q b6half of the addit• nal insured(s)at the!oca- behnif-, tl,.)h or the :ovored operatior-s has been corr,- at ino desilg, 2. That pc6on Of"YOV WO&O' ,f,,o adJ'Oormi ;rWet;(S, out of which i,atc�4,n ,vve irlury or eamage a6ses has been pvt VVIth riz, tended use by any pem-m or organzatio.i ,sp(,.-��t to thio jpsi.,,ranice affc=�d to tbo*e ' ir..;ureds,tfic f lloyving addIticnal ol,,er than and'lie, contractor or sob owtrac- noply: tor engaged in perforrnirq operations to: a principal as i part of the same protect. CG 03 64 03 05 Copyright 2005 ThL SL.Paul Trajo-,,e rs Cor it ands,lnc.All rig~ts reserved. Page I of I indudes cop righted rnatertal d lfs6rance Serv-,ces 09-ce,Inc.with its P-09r1i6$;0n, 33858274 16/17 CL, At., Ub, WC I Jodi Clark 1 1/20/2017 12:46:30 PM (PDT) I Page 2 of 5 . .................... ACKNOWLEDGMENT' 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 range ................ On January 20, 2017 before me, Blanca Roque, Notary Public (insert name and title of the officer) personally appeared Calvin Sistrunk who proved to me on the basis of satisfactory evidence to be the per son(s)whose names) is/are subscribed to the within instrument and acknowledged to me that helshetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. BLANCA ROOL;E WITNESS my hand and official seal. COmMission#2111282 floWly Public-California orange county M COMM,Eynirfq.dun a gant Signature (Seal)-, 3858274 16/17 GL, Auto, Ub, WC Jodi Clark 1/20/2017 12:46:30 PM (PDT) Page 3 of 5 z'C3 3G s'tdLifv B R. DT22C072 2P439TCT1 S i u �.Dry T _ THIS ENDORSOOENT CHANGES THE )M PLEASE READ IT CAREFULLY OR t is ci?tr raerr�e of i"csC'tiCS.in i°ar+w.pr€av dc:d ur0er t�s 1 i1c, r>>:-4 SCHEDIXF Name Of Additional insured Person(s)Or OrganlZation(s): City of San Bernardino Public Works Department 30o morth "D" Street, 3rd Floor San Bernardino, °iS-S d Authorized Representative Traffic Signal upgrade at 9th .Street and Arrowhead Avenue-,T °12-002 inform atian rc ,' ,:u:�-:Ompfaze this S0edu e,if not shown will be shown;n the Dec is atiors 360gon ti - Who is An tnsurad i� ainv'de d to ir3 iii Ci49T1 t#erigra;4"3 arA deseribod in uie s�t e i�*rsE L*&-' AS an 8it;a ti.:d'c3s i i9tjrt`e, the �c, ,,jon:%) or or- thts @#�"tC"Or onr ,perfa med fc, Yna' ai�s�f.*CsPtelt ir�- ga ,z,lti (s) al*wn in the Schemiie, bu; only w to surer±and .rciodee in the'prodiids corn,plo`ed opera- rr: r ' u S abi'cit+:',or'"bodily u�.,ear, 'Prgpsrty can' :inns ia._ary age"c&us'=*t,in uolde or in part by"your v4 ar"IK"et the CG 20 37 07 04 t<lad}F"Ope-fies,Inc,20CA page i at 1 ■ 33858274 16/17 GL, Auto, Dmb, WC I Jodi Clark 1 1/20/2017 12:46:30 PM (PDT) I Page 4 of 5 s ACKNOWLEDGMENT A notary public or ether officer completing this certificate rtif'icate verifies only the identity of the individual � who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or L vaiidit of that document. _...... State of California Orange of On January 20, 2017 before me, Blanca Roque, Notary Public (insert name and title of the officer) personally appeared Calvin Sistrunit who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shelthey, executed the same in his/her/their,authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i_ANca 1100H Commission#2111282 WITNESS my hand and official seat. Notary Public-California � ` orange County 4 Gomm.EX ire$Jun 9,2019 Signature ` (Seal) 33858274 16/17 GL, Auto, Umb, WC Jodi Clark 1/20/2017 12:46:30 PM (PDT) Page 5 of 5 DEPARTMENT OF PUBLIC WORKS ' CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. TWO ' FOR ' BID AND CONTRACT DOCUMENTS SPECIAL PROVISIONS NO. 12811 FOR TRAFFIC SIGNAL UPGRADE AT ' 9TH STREET AND ARROWHEAD AVENUE(TC12-002) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(051) 9 The Special Provisions for this project have been amended as follows: The signal pole foundations and all other work involved in installation of Bid Item No. 5 "Traffic Signal System Complete,in-place per Plan including Emergency Vehicle Detection System,Battery Backup System,Pedestrian Push Button System and Reflectorized Street Name Signs"shall be completed in accordance with the latest edition of the Caltrans Standard Specifications and Plans. ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. TWO AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE SPECIAL PROVISIONS. BY = DATE: 9, --1 SABA ENGINEER,P.E. PRINCIPAL ENGINEER i i Addendum No.Two- Special Provisions No. 12811 - October 12,2016 DEPARTMENT OF PUBLIC WORKS ' CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE ' FOR BID AND CONTRACT DOCUMENTS ' SPECIAL PROVISIONS NO. 12811 FOR ' TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE(TC12-002) ' HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(051) ' The Special Provisions for this project have been amended as follows: 1. The MANDATORY PRE-BID meeting for this project: ' WAS:A : October 4,2016 AT 2:OOPM ' CHANGED TO: OCTOBER 11,2016 AT 2:00 PM AT SAN BERNARDINO CITY HALL,300 N. "D"STREET,3RD FLOOR, SAN BERNARDINO,CA 92418 ' 2. The BID OPENING for this project: ' WAS: October 11,2016 AT 2:OOPM CHANGED TO: OCTOBER 18,2016 AT 2:00 PM AT SAN BERNARDINO CITY HALL,300 N. "D" STREET,3RD FLOOR, SAN BERNARDINO, CA 92418 WE APOLOGIZE TO THOSE WHO ATTEMPTED TO ATTEND THE MANDATORY PRE-BID MEETING ON OCTOBER 4,2016 BUT WERE UNABLE TO DO SO BECAUSE OF THE EMERGENCY CLOSURE. 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: c��►P� ti.�a�c/t DATE: J C)— rJ ' SABA ENGINEER,P.E. PRINCIPAL ENGINEER ' Addendum No.One- Special Provisions No. 12811 - October 5,2016 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 1 ' DRAWING NO. 12811 - SHEETS I -4 1 TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE (TC 12-002) 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-1 ' 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 . . .. . . . C-3 ' LEFT BLANK . . ... .. . . . . . . . . .. . . . . ... .. . .. . .. . . . . . .. . . . .. .. . . .. . . . . . C-4 WORKERS'COMPENSATION INSURANCE CERTIFICATION .. .. . . .. . . . . . . C-5 ' EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION . . . . . , . . .. . . C-6 PUBLIC CONTRACT CODE . .. .... .... . . . . . . .. . . . ... . . . .. . C-7 ' NON-COLLUSION AFFIDAVIT . . . . . . , . . e .. . . .. .. . .. . . . . ... . . . . . . . . ... . C-9 ' DEBARMENT AND SUSPENSION CERTIFICATION . . . . . .. . . . .. .. . . . . ... . . C-10 CERTIFICATION(of foregoing questionnaire and statements) . . . . . .. . . . . . . . .. C-11 ' NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS) . . . . . . . C-12 DISCLOSURE OF LOBBYING ACTIVITIES. . . . . .. . . . .. . . . . . . . .. . . . . . .... . C-13 ' FORM OF BID BOND . . . .. .. . ... . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . . . . C-15 ' REFERENCES . .. . .... .. . . .. . . . . . . . . . . .. . . . . . . . ... . . .. . . . . . . . .. . . .. . . R-1 CONSTRUCTION CONTRACT DBE COMMITTMENT(Exhibit 15-G) D-1 GOOD FAITH EFFORTS(Exhibit 15-H). . . . . .. . . .. . . . .. .. . D-3 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 t1-1.07 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 DBE/UDBE 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-1 1 ' 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-I6 4-1.02 PRE-CONSTRUCTION MEETING .. . . . . . , . SP-16 4-1.03 NOTICE TO PROCEED .. . . . . . . . . .. . .. . . . . ... .. . . . . . . . . . . . . SP-16 4-1.04 WORKING DAYS . .. . . . . . . . .. . .. . . . . . . .. . .. . . . . . . . . . . . . SP-16 4-1.05 LIQUIDATED DAMAGES . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . SP-16 4-1.06 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS . . .. . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . SP-17 4-1.07 INSPECTION .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. SP-17 4-1.08 PERMITS AND LICENSES . . . . . . . . .. . . . . . . . . . . .. . . . . .. . . . . . . . . . . .. .. . . . SP-18 SECTION 5 LEGAL REQUIREMENTS ........................................... . SP-19 5-1.01 LABOR NONDISCRIMINATION . . . . . . . .. . . . . . . . . . . SP19 5-1.02 RESPONSIBILITY FOR DAMAGE . . . . . . . . . . . . .. . . . ... . . . . . .. . . . . . .. .. . . SP-19 5-1.03 DIFFERING SITE CONDITIONS . . . . . . . .. . .. .. . ... . . . . . . .. . . . . . . .. . . . SP-19 5-1.04 SUSPENSION OF WORK .. .. .. . . . .. . . .. . . . ... . .. . . . . . . . . . . . . . . .... ... . . SP-20 5-1.05 PUBLIC SAFETY . . .. .. .. .. .. . . .. . . . .. . . . . . . . . . . . . SP-21 5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES . . . .. . . SP-22 5-1.07 SUBCONTRACTING AND DBE RECORDS . . . .. . . . . . .. . I SP-23 5-1.08 DBE CERTIFICATION STATUS CHANGE . .. . . SP-24 5-1.09 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS . . . . . . .. . . , SP-24 5-1.10 SUBCONTRACTING . . . .. . . . . . . . . .. . .. . . . . ... . . . . . . . . . . . . . . . . . . .. . . .. . SP-25 5-1.11 EMPLOYMENT OF APPRENTICES . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . SP-26 5-1.12 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS SP-27 5-1.13 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS SP-27 5-1.14 PROMPT PAYMENT OF WITHHELD FUNDS SP-28 5-1.15 INSURANCE REQUIREMENTS . . . . . . . . . . . . . .. .... . . .. . .. . . . . . . . .. .. .... SP-28 5-1.16 LIABILITY INSURANCE SP-29 5-1.17 WORKERS' COMPENSATION INSURANCE SP-30 5-1.18 PAYMENT OF PREVAILING WAGE RATE SP-30 5-1.19 PAYROLL RECORDS . . . . . . . .. ... . .. .... .... ... .. . . . . SP-30 5-1.20 CONTRACTOR'S LIABILITY .. .. . . . . . . . . . . SP-31 5-1.21 ATTORNEY'S FEES AND ARBITRATION . .. .. . .. .. . . . . .. .. . . SP-32 5-1.22 CITY BUSINESS REGISTRATION CERTIFICATE .. . . SP-32 ' SAMPLE INSURANCE FORM . . . . . . . . .. . . . . SP-33 SAMPLE INSURANCE FORM . . . . . . . . . .... ... . . . .. . . .. .. . . . SP-34 SECTION 6 GENERAL .......................................................... SP-35 6-1.01 INCREASED OR DECREASED QUANTITIES SP-35 6-1.02 SOUND CONTROL REQUIREMENTS . . . . . . . . . . .. .. . . . . ... . .... . . .. . . . .. . SP-35 6-1.03 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES) REQUIREMENTS ... ... . . .. . . . . . . . . . . . ... . . ... .... .. . . . . . . . .. .. .. . . . . SP-36 6-1.04 PERMITS AND LICENSE . . . .. . . . . . . . . . . . . . .. . . . . . .. .. . .. .. . . .. ... . . SP-40 6-1.05 EXTRA WORK AND MARKUP . . . . . . . . . . . . SP-40 6-1.06 HOLIDAYS,WORKING DAYS AND HOURS ..... . . .. . . . . . . . . .. . . . . . . . SP-41 6-1.07 PAYMENTS . . .. . . . .. .. . . . . . . .. . ... . . . .. . .... . .. .. .... . . .. . . . . . .. . . . . . SP-42 6-1.08 PROJECT APPEARANCE . .... . . .. . . . . . . . .. ... . . . . . . . . ..... . SP-42 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL SP-42 6-1.10 SURVEYING SERVICE ... .... . . . . . . . . . .. . . . . . . .. .. . . . . . . .. . .. . . . . .. . .. SP-42 ' 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT . . . . . . . . . . . . . . . . . . , . . . . . .. . . SP-43 6-1.12 PROJECT ERRORS,OMISSIONS,INCONSISTENCIES ' AND/OR DISCREPANCIES . ... . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . SP-43 6-1.13 EMERGENCY INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-44 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS . . . . . . . . . . . . . . . .. . . . . . . . SP-44 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY . . . . . . . .. . . . . . . . . .. . . . . . . . . . SP-44 6-1.16 SAFETY SUPERVISOR AND MEETINGS . .. . . .. . . .. . . . . .. . . . . . . . . . . . .. . . SP-44 ' 6-1,17 MEETINGS . . . . . .... . .. ..*.. . . .. ... . . . . ., ... . . . . . .. . . SP-45 6-1.18 PAYMENT . . . . . . . . ... . . . . ... . .. .. .. . . .. . .. . .. .. . . . . .. . ... . .. . . . . .. . . . SP-45 ' SECTION 7 UTILITIES .......................................................... SP-46 ' 7-1.01 GENERAL . . . . . .. . . . . . . . ... . . .. .. .. . . . . . . .. . . .... ........... ... ..... SP-46 7-1.02 CONTRACTOR'S RESPONSIBILITY . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . .. ... SP49 ' 7-1.03 COOPERATION AND COLLATERAL WORK . . . . . . . . . . . . . . .. . . .. . . . . . .. . . SP-49 7-1.04 UTILITIES NOTIFICATION . ... . . . .. ... .. . . . . . . . . . . . .. . .. .. . . .. .. . .... . SP-49 7-1.05 UTILITIES INTERFERENCE . . . . . . . . . . . . ... .. . . . . . .. . ... .. . .. . . .. .. . . ... SP-50 7-1.06 PAYMENT . . . . . . . . .. .... .. . . . .. . . ..... .... .. ... . . . . .. ... .. SP-50 SECTION 8 DESCRIPTION OF WORK ............................................ SP-51 8-1.01 DESCRIPTION . . . . . . . . . . . . . . . .... . . . . . . . . . .... SP-51 8-1.02 ORDER OF WORK SP-51 8-1.03 WORK SITE MAINTENANCE . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. . SP-51 8-1.04 PROJECT LOCATIONS . . . .. .. . . .. . . . . . . . . . . . . .. . . ..... ..... . . . . . . .. . .. SP-52 8-1.05 PRE-BID INQUIRES . .. . . .. . .. ....... ....... ..... ..... ........... .... .. SP-52 SECTION 8-2 MATERIALS—MISCELLANEOUS ..................................... SP-53 8-2.01 BUY AMERICA REQUIREMENTS . . . . .. .. ..... .. .... ................... SP-53 8-2.02 APPROVED MATERIALS . . . . . . .. . . . . .. .. . . . . . . . . . . . . . . .. ......... .. . . . SP-54 8-2.03 CITY-FURNISHED MATERIALS . . . . . . .. .. . . ... . . . . . . . .. . . . . . . . . .. .. .... SP-54 ' SECTION 9 TRAFFIC CONTROL ................................................. SP-55 9-1.01 GENERAL . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . .. ... .. . . . SP-55 9-1.02 TURN RESTRICTIONS . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . .. . .. . . . SP-56 ' 9-1.03 PARKING RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. .. .. . . . SP-56 9-1.04 TRAFFIC LANES . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . .. .. . . . . . . . . . ... . . SP-57 9-1.05 PUBLIC CONVENIENCE . . . . . . : . . . . . . . . . . . .. . . . . . . . . . . SP-57 9-1.06 FLASHING ARROW SIGNS . . . . . . . . . ... . . .. . . . . SP-57 9-1.07 LANE CLOSURE . . . . . ., . . . SP-57 9-1.08 PAYMENT , SP-58 The following sections of the Special Provisions supplement and amend the Standard Specifications for Public Works Construction latest edition. As a reference convenience, these sections are arranged in a format that parallels the Standard Specifications. SECTION 9-3.4 MOBILIZATION , _ . . . . . . . , SP-59 PART 2 CONSTRUCTION MATERIALS................................. ......... SP-60 ' SECTION 200 ROCK MATERIAL SP-60 SECTION 211 CONCRETE MORTAR AND RELATED MATERIALS SP-60 SECTION 203 BITUMINOUS MATERIALS SP-60 SECTION 211 MATERIALS TEST SP-60 SECTION 214 TRAFFIC STRIPING,CURB AND PAVEMENT MARKINGS&MARKERS SP-61 ' PART 3 CONSTRUCTION METHODS . . , . .. . .. SP-61 SECTION 300 EARTHWORK .................................................................... ............ SP-61 ' SECTION 302 ROADWAY SURFACING.................................................................... SP-62 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION SP-62 ' SECTION 309 MONUMENT................................... ........................ SP-64 SECTION 314 TRAFFIC STRIPING,CURB&PAVEMENT MARKINGS&MARKERS SP-64 ' PART 6 TEMPORARY TRAFFIC CONTROL SP-64 ' SECTION 600 ACCESS . . . . . .. . . . . . . .. . . . . . . .. . . . ... ... .. .... . .. . . . . . . . . . .. . . . . . .. SP-64 SECTION 601 WORK AREA TRAFFIC CONTROL. .. .. . . .. . . . ... . . .. . . . . .. .. SP-65 ' PART 7 STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SP-65 SECTION 700 MATERIALS From here forward, Section that start with "86" correspond to the same subsection in Section 86 of the Standard Specifications of Caltrans. 86-1.07 SCHEDULING OF WORK SP-65 86-2 MATERIALS AND INSTALLATION. . . . . .. . . . SP-66 86-2.04 STANDARDS,POLES,STEEL PEDESTALS AND POSTS. . . . .. . . . . . . . SP-66 86-2.06 PULL BOXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . . .. . . . SP-66 86-2.08 CONDUCTORS AND CABLES. , . . . . . . . . . . . .. . .. . .. . . . .. SP-66 86-2.14 TESTING . . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . _ _ SP-66 ' 86-3.01 CONTROLLER ASSEMBLIES. . . . . . . . . . .. .. . . SP-67 86-3.02 BATTERY BACKUP SYSTEM. . . . . . . . . . . . . . .... . . . . .. . . . . . . . . . SP-68 86-4.01 TRAFFIC SIGNAL FACES AND FITTINGS SP-68 86-4.01 D LIGHT EMITTING DIODE SIGNAL MODULE SP-68 86-5.01 VEHICLE DETECTORS SP-68 — 86-5.01 d EMERGENCY VEHICLE DETECTOR SYSTEM SP-69 86-6.01 LED SP-69 86-8 PAYMENT SP-70 SECTION 701 CONSTRUCTION SP-70 ' 86-2.05 CONDUIT SP-71 86-2.09 WIRING SP-71 86-6.01 LED SP-71 ' PART III FEDERAL REQUIREMENTS PAGE NUMBERS ' FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS . . . . . . . . . . . . . . . . . . FR-I 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 i � PART I ' ADMINISTRATION Engineer's Estimate(Range Only): $130,000 to$190,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: TRAFFIC SIGNAL UPGRADE AT 9T" STREET AND ARROWHEAD AVENUE (TC12-002) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(051) in accordance with Special Provision No. 12811 in file in the Office of the City Engineer, Third Floor, San Bernardino City Hall. Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY's website at: www.ci.san-bemardino.ca.us/services/req_uest for bids/public works/default.asp. Conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon request, ' a CD of the Bid and Contracting Documents may be mailed for an additional fee of$10. It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope. Said bids will be received up to the hour of 2:00 p.m., on, Tuesday, October 11, 2016, 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. 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 A-1 organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the City and the bidder agree that the above sum of ten percent shall be paid to the City upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. ' A Mandatory Pre-Bid Meeting will be held on Tuesday , October 4, 2016, at 2:00 p.m., in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of 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) Pr DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://Www.dotca.,-ov/hq/bep/ucp.htm . Bidders are advised that, as required by federal law, the City of San Bernardino is implementing new DBE requirements for Disadvantaged Business Enterprises (DBEs). The DBE Contract goal is 3.0%. 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 A-2 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:l/www.dir.cakov/dirdatabases.htm. 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.accessgpo.,aov/davisbaconTnde.-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 hqp://www.dir.ca.gov/DAS/PublicWorksFortns.htm. This project is subject to the "Buy America"provisions of the Surface Transportation ,,,�, A-3 ' 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. I No bidder may withdraw his bid within 45 working days from the date of the bid opening. The City reserves the right to take all bids under advisement for a period of 90 days. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City of San Bernardino City Engineer's Office 300 North "D" Street, Third Floor San Bernardino, CA 92418 SUBJECT: TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE(TC12-002) HIGHWAY SAFETY IMPROVEMENT PROGRAM-HSIPL-5033(051). PLANS & SPECIAL PROVISIONS NO. 12811 Attention: Saba Engineer, P.E. Principal Engineer I Tel: (909) 384-5284; Fax: (909) 384-5190 E-mail: engineer—Sa@sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Responses will be provided to written questions only. No written response will be provided to verbal questions. I ' CITY OF SAN BERNARDINO Georgeann Hanna City Clerk NOTICE TO ADVERTISE SPECIFICATION NO: 12811 I ' SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 09/09/16 and 09/14/16 FIVE DAYS BETWEEN FIRST &SECOND PUBLICATION SIGNATURE: DATE: A-4 ' BID DOCUMENTS I ' ' BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the TRAFFIC SIGNAL UPGRADE AT 9T" STREET AND ARROWHEAD AVENUE (TC 12 - 002) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(051) in strict conformity with Plans and Special Provisions No. 12811, of the Public Works Division, Department of Development Services for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is accepted, that the undersigned will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: B-1 , ' BID SCHEDULE PLAN NO. 12811 ' TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE (TC 12-002) HIGHWAY SAFETY IMPROVEMENT PROGRAM-HSIPL-5033(051) Item Description Unit Quantity Unit Price $) Item Total($)_ 1 MOBILIZATION LS 1 550010D 5 5w 1 vv 2 TRAFFIC CONTROL LS 1 •� � X72 L)o,0© -1Z�l�,Lly 3 CLEARING,GRUBBING,MISCELLANEOUS LS 1 ' REMOVALS,UNCLASSIFIED EXCAVATION AND ?W(3,00 bU_),C;v UNCLASSIFIED FILL 4 REMOVE EXISTING TRAFFIC SIGNAL POLES& LS 1 SIGNAL EQUIPMENT INCLUDING FOUNDATIONS UShU,3 LaSI-x� , PER PLAN 5 TRAFFIC SIGNAL SYSTEM COMPLETE,IN-PLACE LS 1 PER PLAN INCLUDING EMERGENCY VEHICLE DETECTION SYSTEM,BATTERY BACKUP SYSTEM, PEDESTRIAN PUSH BUTTON SYSTEM AND REFLECTORIZED STREET NAME SIGNS 6 INSTALL 8"CURB AND GUTTER PER CITY STD NO LF 6 ( ate 200 TYPE`B" 7 FCC SIDEWALK PER CITY STD.NO. SF 220 + (30 ��lO,Clb 8 INSTALL MODIFIED PCC BUS PAD PER SPPWC 131- SF 550 2•(INCLUDE CLASS II AB MATERIAL) oL�.00 )y I?9j 1 Ub 9 INSTALL,A.C.PAVEMENT CLASS PG 64-10 SF 750 '-6 L3 0 10 INSTALL CLASS 11 AGGREGATE BASE SF 750 11 SAWCUT AND RECONSTRUCT SECTION OF LOCAL SF 60 DEPRESSION Le b D to U vU 12 FURNISH AND INSTALL YELLOW DETECTABLE EA 6 WARNING SURFACE PER PLAN 100 33 ' 13 INSTALL ASPHALT SURFACE MATERIAL TO MEET SF 70 FLUSH WITH CURB Lo'UD J-0 w 14 GRIND EXISTING CURB LIP LF 10 ►a(D1C-10 abb,OD 15 ADJUST UTILITY COVERS TO FINAL GRADE EA 1 / T __._....._.... 16 SURVEYING PER THE SPECIAL PROVISIONS LS 1 ' X00...... 17 THERMOPLASTIC TRAFFIC STRIPES,PAVEMENT LS 1 - w.._. _. MARKINGS&RAISED PAVEMENT MARKERS 1 y 8 p,57,OLD 1 (INCLUDING REMOVAL OF CONFLICTING STRIPING `� $�S �� ' &MARKINGS) TOTAL BID $_ �j Y _............ . B-2 ' BID NOTES: Bids shall be submitted on the bid forms provided in the Bid and Contract Documents package. ' All bid forms shall be completed, signed, and sealed in accordance with these instructions and the instructions included with the individual bid forms. A bid that fails to include all bid forms, will be considered nonresponsive. ' CITY reserves the right to award a Contract to the lowest responsible bidder for the GRAND "TOTAL BID. The Bid Schedule shall be typed or clearly completed in ink. All spaces for unit prices, item totals, and total bid shall be completed, in figures. All prices shall be in United States Dollars. For a ' Lump Sum item, the unit price shall match the item total price. If a Bid Schedule is found to contain minor errors or illegible entries, the bidder agrees that the CITY may, if deemed in the public interest, cure the error or entry,using one of the following methods: Method A. -If the sum of the item totals does not equal the total bid, but all items totals correctly indicate the products of the unit price and quantity, the CITY will consider the corrected sum of the item totals to be the Bidder's total bid. Method B. -If the sum of the item totals equals the total bid, but the product of a unit price and a quantity does not equal the stated item total, the CITY will determine a correct unit price by dividing the item total by the item quantity. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID 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-3 t ' 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 160 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.:"Zy(75y.-] CLASSIFICATION(S): 1 4 C)D DATE: # q - t/ 97p7 FIRM NAME: BUSINESS ADDRESS: L4 Z0'114 P1 yut.i^ c[o SL i 4-,e 0 BUSINESS PHONE: )-2.q(o---q9gq FAX: CELL: gUq--72-J -LI U2Y 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. L)!C0,3(-'0-bcyN — _ _5) years Is Bidder currently a certified DBE? Yes E No 'f/ Legal Status of Firm Age of firm Annual Gross Receipts: <$1,000,000 ❑ <$5,000,000 V'<$10,000,000 ❑ <$15,000,000 C:a >$15,000,000 ❑ NAMES ADDRESS(ESA ;James C. P,err A 42cy21- oveniAe, l4lva'ud"_.____ �..._c.►�.�.2sq�...._.._........................... �.._....._..........._ 1 SIGNATURE OF BIDD c'_ Dated: Q,►' I-1 201 Co BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 DATE: p ADDENDUM NO. 2 DATE: ?.IjLs,_ ADDENDUM NO. 3 DATE: ADDENDUM NO. 4 DATE: ' C-1 1 ' SPECIAL NOTICE The bidder's attention is directed to the sub-section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of these Special Provisions regarding the requirement that proposed subcontractors be listed in the bidder's bid documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the bid for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or $10,000.00, whichever is greater. In the case where a bidder claims an inadvertent clerical error in listing subcontractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. ' The subcontractor listing requirement referred to above is in addition to the DBE subcontractor listing on the LOCAL AGENCY BIDDER DBE COMMITMENT (Construction Contracts) form, Exhibit 15-G and the total DBE subcontractors on the LOCAL AGENCY BIDDER ' DBE INFORMATION (Construction Contracts) form, Exhibit 15-G, samples of which are included at the end of these BID DOCUMENTS. The responsive low-bidder, along with the second and third low-bidders will be required to submit the LOCAL AGENCY BIDDER DBE COMMITMENT (Construction Contracts) form, ' Exhibit 15-G, to the City Engineer 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. The responsive low-bidder awarded the contract by the Mayor and Common Council at their regular meeting will be required to submit the LOCAL AGENCY BIDDER DBE INFORMATION ' (Construction Contracts) form, Exhibit 15-G, to the City Engineer along with the executed contracts and contract bonds. The three listings must be consistent when the subcontracting amount meets the appropriate dollar amount thresholds. ' C-2 t� �o N O N I _ E CIS s V0 �) o 1O �i o�1 0 0, Izz f z � on p 67 f � i Lw LA b 0 A i r O O d � 3 aG � � 3 a 2 0 0 0 O O .O O O O .O O O O O •O O O ►� O O by 45's 69 69 Nn 469 49 69 cA 6v (i3 69 rq ff3 64 6R 64 U) U3 66 a s Q v v v v n v v v v n v v v v n v v v v n A 0 00 ❑ POOP O O❑OOO 00000 n° o w O cf �' w LW rJ v r f{ a ofd •..� � o � o � � F� � � v ��v � � _vo � �r%v 1� 1 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: _Q)171h" Jrn G. ( Contractor) By: ('Title ) 1 Attest: 1 By. ... ' (Title ) 1 ' C-5 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 Riverside ) ' On \b_�'bu before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer personally appeared James C. Perry ' Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. PHYLLISSA MARTZ WITNESS my hand and official seal. Le Notary Public -California Riverside County = Commission#2159844 > Signature ' MY Comm.Expires Aug 11,2020 ignature of Notary Public ' 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ' Signer's Name: James C. Perry Signer's Name: [R Corporate Officer — Title(s):President/Secretary/Treas. _]Corporate Officer — Title(s): P, Partner — ❑ Limited ❑General El Partner — 0 Limited O General ❑ Individual ❑Attorney in Fact -_ Individual 0 Attorney in Fact O Trustee ❑Guardian or Conservator E-I Trustee ❑Guardian.or Conservator h�Other: El Other: Signer Is Representing: Signer Is Representing: ' 'dc."�-Tvv'r;'cI;'S-Lf^c, ;..._...,_ ©2014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL ' SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ' The bidder proposed , proposed subcontractor , hereby certifies that ' he has 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 e 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 y P tY g 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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) ' EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder CD'�j) ,-,Tn C, , proposed subcontractor _l- C-7-en-2 W -E-nc� G1ecr Cti , hereby certifies that L� he has , 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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder V-- j>C Tn , proposed subcontractor k n c 4-i()--c- Pa V el-n ent r� )a-i-10 oqS , hereby certifies that he has �� , 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. 1 C-6 t (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL ' SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) ' EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ' The bidder �� T-nL , proposed subcontractor hereby certifies that he has 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 Presidents 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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder 04�>X Jj IC, , proposed subcontractor s U j:31 TY7,i�S`c- (-.r,n l , hereby certifies that he has 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 V""- 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. 1 ' C-7 1 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 ' If the answer is yes, explain the circumstances in the following space. 1 Public Contract Code 1.0232 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 i 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 i 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, b" 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 Al subject the certifier to criminal prosecution. C-9 i ' DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 I The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space: Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action: NOTES: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification. 1 ■ .: C-10 CERTIFICATION By my signature on this bid or proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations ( Chapter 5, Title 2 of the California Administrative Code ). By my signature on this bid or proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Title 23 United States Code, Section 112, Non-Collusion Affidavit and the Title 49 Code of Federal Regulations, Part 29, Debarment and Suspension Certification are true and correct. Date: \Kk-ib" (Name of Bidder) SIGN SC�.rt�.eS C, P-erYv (Print Name of Person 94ning} HERE (Signature of Bidder} Business Address: 2 V 1 v 4 QZS-4 Address of Residence: '32,58 Sum C-, rl L L "A,CR Q?.-,c>,?,5'' C-11 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS (For Projects with Federal funds over$100,000) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) 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. (2) 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 of Lobbying Activities," in accordance with its instructions. NOTE: 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 Section 1352, Title 31, U.S. Code. 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. I C-12 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTiviTIF,S PURSUANT TO 31 I.J.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Fla. contract Fla. bid/offer/annlication Fl a. initial b. grant b, initial award b. materia ange c. cooperative agreement c. post-award d. loan 7dat'c rial Change Only: e. loan guarantee quarter L f. loan insurance of last r eport_ ... ...__, 4. Name and Address of Reporting Entity 5. If Reporting ity in No.4 is Subawardee, /EnterNa and Addre ss of Prime: Prime � Subawardee Tier if known Congressional District,if known nal District,if known 6.. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,iftpplc.sblc, 8. Federal Action Number,if known: 9. Award Amount,if known: ' 10.. a. Name and Address of obby Entity b. Individuals Performing Services (including (If individual, last e,first name,MI) address if different from No. I Oa) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) IL. Am 13.. Type of Payment(check all that apply) ' $ ou of Payment(check all that apply)Actual ®planned a. retainer b. one-time fee 12. Form of Payment(check all that apply): c. commission B a. cash d, contingent fee ' b. in-kind; specify: nature _ ....... e deferred Value __,,.....-, is other,specify ' 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Continuation Sheet(s)if necessary) ' 15. Continuation Sheet(s)attached: Yes ❑ No 16, Information requested through this form is authorized by'ritle Signature/. 31 U.S.C.Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or Print Name: Q s C Ple entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: �~�� (` ('�^p� , semiannually and will be available for public inspection. Any s �� _._ person who fails to file the required disclosure shall be subject ��+� 1/� to a civil penalty of riot less than$10,000 and not more than Telephone No. °/Y/ v l. . Dater $100,000 for each such failure Authorized ibr Local Reproduction Federal Use Only: Standard Form-LLI, Standnril F'orm t_Lt,Rev.09-12-97 C-13 INSTRUCTIONS FOR COMPLETION OF SF-LLL, ' DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the ' initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional ' information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the ' outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. if this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee"then enter the full name,address,city,State and zip code of the prime Federal recipient. Include Congressional District,if known. ' 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract ' grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. ' 10. (a)Enter the full name,address,city,State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and.Middle Initial(MI). ' 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s)of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for ' reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,D.C.20503. SF-I.,I.,I..-Instructions Rev.06-04-90«ENDIF» C-14 BOND ll8—B PREMIUM: NIL FORM OF BID BOND KNOW ALL MEN 13Y THESE PRESENTS, that we,the undersigned, DBX, INCORPORATED as Principal,and THE GUARANTEE COMPANY OF NORTH AMERICA USA as Surety, are hereby and firmly bound unto the City of San Bepnardigp . Stars of California, hereinafter referred to as"Obliged'in the penal sum of ten percent ( 10% ) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we heroby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. TUF 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,foram TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE PROJECT NO. TC12-002 (Copy here the exact title deacriptlou of teork including Ioc lion as it appears on the proposal) for which bids are to be opened on OCTOBER 11, 2016 TT 7p. (JrAwt date of opening) ' NOW, Lllt}LUii'OR , 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 performanoe of said contract,and shall in all other respects perfvrm the agrwrnent created by the acceptance of said Bid, then this obligation shall be void; otherwise,the same shall remain in force and effect;it being cgreasly understood and agreed that the liability of the Surety for any and all claims hereunder sha11, in no event,wMed the parts)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 30TH day of SEPTEMBER . _, 20 16 IN WITNBSS 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 heroto affixed and these presents to be signed by their proper officers,the day and year first mentioned. THE GUARANTEE COMPANY OF DBX, INCORPORATED ._(SEAL) NORTH AMERICA USA— (S>iAL) s By , C—. By: swaor Stgnarr n � A-M IP—C— nA �( "�'t- SPENCER FLAKE, ATTORNEY—IN—FACT Pr ored Nam acrd RN Printed Name and Me NOTE:Notrsization of Principal and Surety sigaaWm and Power of Attoraay of the Surety shall accompany this form C-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 if2u�`�`�yf: eeS�''..�'t�efz�-:�r•rr.;rw,c. �:.�:Y` '? ^at�'.�C'',iYe��,�� .c�iS'�Ct��f�r..�^�.s��"r '�r:F�R.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 Riverside ) On 1 11 11�o before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer personally appeared James C. Perry Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PHYLLISSA MARTZ WITNESS my hand and official seal. Notary Public -California Riverside County i Commission*2159844 = Signature My Comm.Expires Aug 11,2020 V Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James C. Per[y Signer's Name: R Corporate Officer — Title(s):President/Secretary/Treas. ❑Corporate Officer — Title(s): C Partner — ❑Limited ❑General `l Partner — D Limited D General ❑Individual El Attorney in Fact __1 Individual J Attorney irvFact ❑Trustee ❑Guardian or Conservator D Trustee ❑Guardian.or Conservator Other: D Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 Orange n 09/30/16 before me, Lexie Sherwood Notary Public, 0 Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the L X"IE"I"'S"'Hi'l ERWOOD person(s), or the entity upon behalf of which the person(s) COMM.#2031782 acted, executed the instrument. NOTARY PUBLIC*CALIFORNIA 5 2 ORANGE COUNTY Comm.Exp.JULY 27,2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above OPTIONAL Signature o ot Public x e�erwoo � 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: F1 Individual El Individual E] Corporate Officer—Title(s): 0 Corporate Officer —Title(s): NP n Partner El Limited El General El Partner El Limited M General F] Attorney in Fact RIGHTTHIJIMPM El Attorney in Fact RIGHTTHUMBPRIRT R Trustee OF SIGNER Trustee OF SIGNER f-1 Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumC here F-1 Other: Other: Signer is Representing: Signer is Representing: do �~~ THE The Guarantee of North America USA ��UKJ�K�J��U�� 3ouLbficld. ��non��nmu n�u� Michigan �� KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the |awmmm�a\,,ao1 Michigan,^avinuitoprincipal nmoo/n Southfield,Michigan,0000hmou/oonomuIe and apvwn1 U David L�cu|*:�non.Charles L. Flake,mnhomA.Coon,Spencer Flake Culbertson Insurance Services,Inc. its true and lawful murned i -fa � *«ecm�e a«a| mmu deliver for and on its behalf oosurety, any and an bonds and undertakings, vmmvm of indemnity and umrrwnungpum/eum�m�onmu�m*'ov..which amo,may»aaouweu.,onu/�uvrvv,mi«euuv law,v�/m*.m|*.mo«/�tw»'contract 0N or otherwise. The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the Fwnupn/umco The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section g.nof the o'-Lv=o adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1 To appoint:uomov(o)'m'mot, and to wumvnzn them to execute on behalf prthe ovmpnnr, and attach the seu| of the ovmvunv thereto, bonds and undertakings,contracts of indemnity and th ui obligatory in the nature thereof;and �. In To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below connection with obligations in fav r of the Florida Department m Transportation only, uis agreed that the power and authority!hereby given to the "~mey-|n-Fact includes any and all consents for the mmaoo of retained percentages unum, final estimates on engineering and construction contracts required by the State of Florida Department ovTransportation. it is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond.*. "m connection with obligations m favor"'"—the Kentucky Department~ ' '°--'---''it is agreed that the power and authority *e to the"°"ney.'`Fact cannot be modified or revoked unless' i of such intent has been given m the Commissioner– Department of Highways o the Commonwealth m Kentucky"t least thirty(3o)days prior to the modification orrevocation. Further,this Power mAttorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: i t � �xui�domoo,and mosea[wmo Company may uowmxex��cs/mne��y Power of Auumovv,oemncuoun �ss�u/sommn»*oonn«m/on��am/imr�or any bond,unuertamnu.*mtmmum|nuemn/�and oma,wminowomioam�in the nutv�merem.and ~'~'~~� n�r��--/�hen�svu"~m°oaohavomosomo�nmanouneo esmouyvmunuuuvamxv . such signature . seal TnsGUARANTEE COMPANY op NORTH mmsmnAUSA�mnaum�mwm"�um^mwbea��m�m T. noov�om�seal�be' —�affixed uv its authorized officer,this zard day m February,uo1u. ' THE GUARANTEE COMPANY op NORTH AMERICA USA AM STATE npMICHIGAN Stephen c. mov000x.President&COO Randall Mus,v/man.Secretary County n,Oakland ~– on this oum day o/Feumaryon1xuommmo came m,inmvmvm"who executed mvp�ormsmvt�mont.�mepe�ooaox known,and being u'me duly sworn.said moteach/o�xexnnemuosormed and aumvnzouofficer of The ova�nme company muvnxxmemp USA;m�the�a/anme�oaa� instrument'io the Corporate Seal u/said Company;that the Corporate Seal and each signature were duly affixed ov order vr the Board". Directors". A. ��xe/ |wvv|rwsos WHEREOF,/have xomunmset mr hand at The ova�^�e Cynthia~^ � Notary Public, State m/Michigan Company u/North America USA offices the day and year above written, County vrOakland �~ my Commission 27, 2018 Acting m Oakland County | nanuaowusoa/mun'Secretary o/THE GUARANTEE COMPANY op NORTH AMERICA USA,o hereby certify that the above and foregoing|oatrue and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect- TEV, /w WITNESS WHEREOF |have thereunto set mv hand and attached the seal of said Company this sntuuaxof eeptemuez, 2016 Randall Mvoso|man.Secretary �N ` �� i 1 1 � PART II � SPECIAL PROVISIONS SPECIAL PROVISIONS TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE HSIPL-5033(051) INSTRUCTIONS TO BIDDERS SECTION I 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, Latest Edition, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City Engineer - The City Engineer, Department of Public Works, for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and worked involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the City of San Bernardino's Development Services Department office, located in the City of San Bernardino's Development Services Department. SP-1 fir_ �wrrr� ' The mailing address for the City of San Bernardino Public Works Department is: ' City of San Bernardino Public Works Department ' 300 North"D" Street, 3rd Floor San Bernardino, CA 92418-0001 Resident Engineer - The Resident Engineer is the City of San Bernardino's Or Engineer City Engineer, registered as a Civil Engineer in the State of ' California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in ' the State of California. Notice Advertising for Bids - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction ' "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall ' have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. ' 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR ' PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Public Works Standards, Incorporated, a mutual benefit corporation comprised of five members ' representing the American Public Works Association, and four members from the Associated General Contractors of California, the Engineering Contractors Association, the Southern California Contractors Association, and BNi Publications, Incorporated. The Standard Specifications set forth above will control the general provisions for this ' Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications, Latest Edition, of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the Appendix of these Specifications. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first 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 BULLETINS -- All Bidders are advised as to the possibility 1-1.06 ADDENDA OR U p ty 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. 1 SP-4 i 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 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 Disadvantaged Business Enterprises (DBEs) and select work parts consistent with available DBE subcontractors and suppliers. (c.) Meet the DBE goal shown in these Special Provisions or demonstrate that you made adequate good faith efforts to meet this goal. 1 (d.) It is your responsibility to verify that the DBE 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.govlhglbep/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 participation for all federal-aid contracts on an annual basis so that attainment efforts may be evaluated. ' SP-7 2-1.04 DBE 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 Disadvantaged Business Enterprises (DBEs) of 3%. The Contractor shall endeavor to make work available to DBEs and select work parts consistent with available DBE 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 DBE participation will count towards the DBE 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 DBEs counts towards the goal in the following manner: 1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. (49 CFR 26.55 defines "manufacturer" and "regular dealer") The Contractor will receive credit towards the goal for employment of a DBE 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 DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE shall describe the work it has committed to be performed with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. SP-8 2-1.05 SUBMISSION OF DBE 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 DBE 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 DBE Commitment form within the specified time will result in a non-responsive bid. DBE information shall be submitted on the "Local Agency Bidder DBE Commitment ' (Construction Contracts)," Exhibit 15-G form with instructions that is included in the Bid Documents of these Special Provisions. If the form is not submitted with the bid, remove the form from the Bid and Contract Documents before submitting the bid. Other bidders do not need to submit the DBE Commitment form unless the CITY requests it. If the CITY requests a submittal of a DBE 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 DBE subcontractor stating that it is participating in the contract. Include the confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. DBE 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 "DBE 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 DBEs 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 DBE Commitment form shows that the DBE 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 DBE 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 DBE 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 DBE 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 DBE firms. 2. Names of certified DBEs 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 DBEs 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 DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which the Bidder requested DBE 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 DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs 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 DBE 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 DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and 'i equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by the Bidder, identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 3 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 DBE subcontractor listing on the LOCAL AGENCY BIDDER DBE COMMITMENT form and the total DBE subcontractors on the LOCAL AGENCY BIDDER DBE INFORMATION form. Instructions for filling out the forms are provided in the Bid Documents Section, PART I of these Special Provisions. The three listings must be consistent when the subcontracting amount meets the appropriate dollar amount thresholds. 2-1.07 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise. SP-11 2-1.08 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, and addenda, or any other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. 2-1.09 REQUIRED INSPECTION OF THE SITE -- ' A. Bidders are required to inspect the site of the work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location ' of the proposed work, and of the actual conditions, including subsurface, of, and at, the site of the work. ' B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. ' SP-12 C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. 2-1.10 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids". The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the Bidder's bid guarantee. 2-1.11 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, proposal, modification, or withdrawal will be considered. SP-13 ' SECTION 3 ' 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL —The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the City as liquidated damages. 3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. ' 3-1.03 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one bid, all such bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. ' No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill our all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. ' SP-14 I' Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to BMP/SWPPP, traffic control and detour plans, WQMP or escrowed bid documents, where applicable, will delay the issue of the Notice to Proceed., and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. i 3-1.04 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments, shall be considered as part of the contract between the CITY and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.05 SUBMISSION OF DBE INFORMATION FOLLOWING AWARD -- The bidder to whom the project is awarded will be required to submit the completed "Local Agency Bidder DBE Information (Construction Contracts)," Exhibit 15-G form to the City Engineer along with the executed contracts and contract bonds. This form is included in the Bid Documents, Part I of these Special Provisions. The purpose of the form is to collect data required under Title 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. SP-15 The successful Bidder's "Local Agency Bidder DBE Information (Construction Contracts)," Exhibit 15-G form shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE shall describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful Bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful Bidder is encouraged to submit a copy of the joint venture agreement. SP-16 SECTION 4 ' 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion", Section 6-8, "Completion, Acceptance and Warranty" and of Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of notification, inform the Construction Manager of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction Manager, prior to the Pre- Construction Meetin g, should special circumstances or conditions exist that mi gh t 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 160 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-17 4-1.05 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. In case all the work called for is not completed in all parts and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the CITY. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the CITY, in writing, of the cause of the delay. The CITY will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. 4-1.06 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting", of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. 4-1.07 INSPECTION -- The Contractor is responsible to notify the Public Works/Engineering Division 48 hours prior to start of any work. Any work performed without inspection by the CITY is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. 4-1.08 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a CITY Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418. SP-18 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 LABOR NONDISCRIMINATION -- Attention is directed to the following notice that is required by Chapter 5 of Division 4 of Title 2, California Administrative Code. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Caltrans Section 7- 1.01A(4), "Labor Nondiscrimination", of the Caltrans Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California ' Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of$5,000.00 or more. 1P The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CITY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of California Department of Transportation or Federal-Aid assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. ' 5-1.02 RESPONSIBILITY FOR DAMAGE -- Attention is directed to the provisions in Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications. The Contractor shall indemnify and save harmless the City of San Bernardino, and all officers and employees thereof connected with the work, in accordance with the above section. 5-1.03 DIFFERING SITE CONDITIONS -- During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. SP-19 Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 5-1.04 SUSPENSION OF WORK -- In addition to the requirements specified in Section 6-3 of the Standard Specifications, the following shall apply: SUSPENSION OF WORK ORDERED BY THE ENGINEER -- If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or contract time or additional compensation and contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost or time or cost and time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. SP-20 ' No contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this contract. 5-1.05 PUBLIC SAFETY -- In addition to any other measures taken by the Contractor pursuant to the provisions of Section 7-10, "Public Convenience and Safety", of the Standard Specifications, the Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations -- Any excavation near the edge of which is 12 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. ' b Excavations less than one foot deep. (c) Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. ' (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes, where the slope is steeper than 4:1. (f) 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 iexisting protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the Specifications. SP-21 Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the Specifications: Approach speed of public traffic (Posted Limit) (Miles Per Hour) Work Areas Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width or an existing lane to less than 10 feet without written approval from the Engineer. The lane closure provisions of this section shall not apply if the work are is protected by permanent or temporary railing or barrier. When work is not in progress on a trench or other excavation that requires a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators will be not more than the spacing used for the lane closure. 5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES -- When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. SP-22 If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays", of the Standard Specifications. 5-1.07 SUBCONTRACTING AND DBE RECORDS -- The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report — Utilization of Disadvantaged Business Enterprises - (DBE), First-Tier Subcontractors" Form CEM-2402 (F) and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2-1.04. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol "CA" number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM-2404(F). SP-23 5-1.08 DBE CERTIFICATION STATUS CHANGE -- If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life ' of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM-2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. An example of this form is provided in PART III, Federal Regulations, of these Special Provisions. 5-1.09 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS -- ' The DBEs listed by the Contractor in response to the requirements in Section 2 of these Special Provisions, which are determined by the Department to be certified DBEs, shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: (1) The listed DBE, after having had a reasonable opportunity to do so, fails or ' refused to execute a written contract, when such written contract, based upon the general terms, conditions, Plans and Specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2) The listed DBE becomes bankrupt t or insolvent.p (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. 1 ' SP-24 (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the Plans and Specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the CITY. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 5-1.10 SUBCONTRACTING -- Attention is directed to the provisions in Section 8- 1.01, "Subcontracting", of the CALTRANS Standard Specifications, and Section 2, "Bid Requirements and Conditions", and Section 3, "Award and Execution of Contract", of these Special Provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commission publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. The list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/d`lselDLSE-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 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 subcontractor with another DBE 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 substitutions after award of the contract. This requirement shall be enforced as follows: A. Non-compliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SP-25 The prime Contractor of a federal-aid project shall physically include the required contract provisions contained in Federal Form FHWA 1273, "Required Contract Provisions, Federal-Aid Construction Contracts", in Part III of these Special Provisions, in all subcontracts, lower tier subcontracts and purchase orders. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. The p rovision, in Section 2-3.2, "Additional Responsibility", of the Standard Specifications and the "Notice Inviting Sealed Bids" of these Special Provisions, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 % of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of Part III of these Special Provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. 5-1.11 EMPLOYMENT OF APPRENTICES -- This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of these Special Provisions to determine the number of apprentices to employ, or document an attempt to employ, during the course of the work on this project. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://0a.doleta.govl. 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-26 5-1.12 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS -- Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. A prime contractor or subcontractor shall pay to any subcontractor not later than 10-days of receipt of each progress payment, in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10- days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30-days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. 5-1.13 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS -- The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30-days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. s ' SP-27 5-1.14 PAYMENT OF WITHHELD FUNDS -- Section 9-3.2, "Partial and Final Payment", of the Standard Specifications is amended to read: Upon the Contractor's request, pursuant to "Public Contract Code Section 10263", the Department will make payment of funds withheld from progress payments to ensure performance of the contracts if the Contractor deposits in escrow with the State Treasurer, or with a bank acceptable to the Department, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. Alternatively, upon the Contractor's request, the Department will make payment of retention earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the Department, pursuant to the terms in Section 10263 of the Public Contract Code. Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the Department. The escrow agreement used pursuant to this Section 9-3.2 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference. The Contractor shall obtain the written consent of the surety to such agreement. 5-1.15 INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. SP-28 The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino, the State of California, and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5- 1.06, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.16 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. SP-29 5-1.17 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 5-1.18 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates in effect 10 days prior to the bid opening of the project. The Contractor shall pay the higher of the latest State or Federal Prevailing Wage Determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum ware rate, which most closely approximates the duties of the employee in question. The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.19 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. SP-30 (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.20 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due, the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. SP-31 5-1.21 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 5-1.22 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration its own expense. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. SP-32 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/"/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 THIN COVERAGE AFFORDED BY THE POLICIES BELOW. mm ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)5244940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY �,. B CNA-VALLEY FORGE YOUR COMPANY NAME COMPANY 1� 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 LTR NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 ' X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) A $ 500,000 CLAIMS MADE OCCUR MED EXP(ANY ONE PERSON) $ 5,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY $1,000,000 d1d GENERAL AGREGATE $2,000,000 �1 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X AUTO BODILY INJURY (Per Person) $ ' B ALL OWNED AUTOS BODILY INJURY (Per Accident) $ BAP 5197135 02107!98 02/01/99 SCHEDULED AUTOS PROPERTY DAMAGE (Per Accident $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY $ AUTO ONLY-EACH ACCIDENT other than auto only, ANY AUTO EACH $ ACCIDENT ' other than auto only $ AGGREGATE WORKERS COMPENSATION AND WORKERS COMP EMPLOYER'S LIABILITY X STATUTORY LIMITS ' C E.L.EACH ACCIDENT 51,000,000 WC XXXXXX 02/01/98 02101!99 THE PROPRIRETOR, INCL E.L.DISEASE-EA EMPLOYEE $1,000,000 PARTNERS/EXECUTI V E OFFICERS ARE EXCL E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION THE CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUEING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF DEVELOPMENT SERVICES LEFT. ' DIVISION OF PUBLIC WORKS AUTHORIZED REPRESENTATIVE 300 N. "D" STREET, 3RD FLOOR JOHN E.SMITH (Signature) SAN BERNARDINO,CA 92418-0001 ACCORD 25-S(1/95) C ACCORD CORPORATION ' SP-33 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS ( FORM B ) _ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT 300 NORTH "D" STREET, 3RD FLOOR SAN BERNARDINO, CA 92418-0001 ' required to complete this en orsemen kwi1 be shown in the (If no entry appears above, information req p 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 OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-34 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit Prices", "increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. ""! SP-35 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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 applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street. 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP). 16. Name a person, on site, responsible for complying with SWPPP. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-36 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices ' Dewatering Paving Operations Structure Construction and Painting ' MATERIAL MANAGEMENT ' Material Delivery and Storage Material Use Spill Prevention and Control ' WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-37 RUNOFF DIVERSION ' Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs ' within each category in order to achieve the BMP objective. ' BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. SP-38 Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot.ca.govlhqlconstruclstormwaterlmanuals.htm. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil r Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also ' include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on- site shall be completely covered with waterproof material and gravel bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed �— the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMP(s) or SWPPP specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMP(s) or SWPPP. SP-39 The CITY's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan (WQMP). Full compensation for the design and implementation of a required WQMP shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. The Contractor shall provide to the CITY, prior to beginning construction, the name and telephone number(s) of the Contractor and/or the Contractor's NPDES representative, which can be reached and will respond to calls 24 hours/day for emergencies during construction activity. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Department of Public Works Engineering, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to, Building Division, Public Services — Sewer, Water, County Flood Control, Railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. Contractor shall obtain a City of San Bernardino Business License at his/her own expense. SP-40 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 To the sum of the costs and markups provided for in this subjection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Thursday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings, Fridays or Saturdays. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. Except for Fridays, in the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. SP-41 Designated legal Holidays are: January 1St, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November IIth, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the City all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. SP-42 6-1.10 SURVEYING SERVICE -- The Contractor shall refer to the PROJECT LOCATION SURVEY DOCUMENTS section at the back of these Special Provisions for California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California (CELSOC) survey monument preservation guidelines. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the City a copy of all survey notes and a Certificate Record of Survey. All new and replaced survey ties shall be by transit method. All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the City within 30 days of such filings. Full compensation for preparation of the survey documents, revisions to the survey documents, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with these Special Provisions and the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. SP-43 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. Contractor is responsible for replacing any damaged improvement or facility to original condition or better. 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. SP-44 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and may subcontractors specified by the Engineer. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-45 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. Notify the Engineer immediately of any conflict. Match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' agencies' contractors. The Contractor ' shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor ' is responsible for verifying phone numbers and contact persons. ' 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street ' Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia ' 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92373 ' Phone: (909) 335-7772 Attn: Devery Jennings ' 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Engineering Section 300 North "D" Street, 5t'Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-46 4. VERIZON ' Engineering Department 9 S. 4th Street ' Redlands, CA 92373 Phone: (909) 748-6655 Attn: Control Desk ' Email: cdinland @verizon.com PP 5. TIME WARNER CABLE (ADELPHIA; COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 975-3385 Attn: Bruce "Red" Dewese, Construction Coordinator Cell: (909) 721-8589 Email: bruce.dewese @twcable.com 6. TIME WARNER TELECOM (fiber optic) 3281 Guasti Road, Suite #101 Ontario, CA 91761 ' Phone: (909) 456-3693 or 3697 Attn: Bart Van Wey 7. A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley, OSP Supervisor ' (951) 359-2511 Attn: Randy Seabert A.T. & T. One Call Center - Cable Hazards Center ( 2 days in advance ) Phone: (800) 252-1133 A.T. & T. —Maintenance at Specific Location Phone: (800) 243-6122 then Opt.41 / Opt.#5 ( include address ) 8. A.T. & T. (sBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison ' 1265 N. Van Buren Street, Room #180 Anaheim, CA 92807 ' Phone: (714) 666-5692 Attn: Yvette Garofano, Liaison for San Bernardino Phone: (714) 666-5401 General number in Anaheim ' SP-47 9. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 873-8022 Attn: Lynn Durrett—Cell: (951) 334-5754 10. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 (951) 343-5139 Attn: Randy Maestas Construction Maintenance Henry Martinez Cell: (818) 535-6186 Rick Keyner Cell: (626) 636-0603 George Causeco Cell: (626) 419-7334 11. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite #18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Justin Parker 12. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5588 Attn: Melissa Uyeda 13. OMNITRANS 1700 W. 5`h Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes 14. CITY OF SAN BERNARDINO INFORMATION TECHNOLOGY NETWORK GROUP 300 North "D" Street, 4th Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin SP-48 15. CITY OF SAN BERNARDINO ' PUBLIC WORKS DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 16. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING ' 234 S. Mt. View, #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 i California, telephone number 1/800/422-4133. 1 ' SP-49 - 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory ' location or by excavation, to interfere with the construction of this project shall be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor shall coordinate the work with ' the utility owners. ' Abandoned utilities, which interfere with the construction of any portion of this project, shall be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. ' SP-50 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of upgrading a traffic signal, construction of curb, gutter & sidewalk, ADA access ramps and other work per CALTRANS ( & MUTCD ) standards, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 ORDER OF WORK -- BLANK 8-1.03 WORK SITE MAINTENANCE -- The Contractor shall comply with the provisions in Section 7-8, "Work Site Maintenance", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-51 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. 8-1.05 GEOTECHNICAL INVESTIGATION -- None OR See APPENDIX. 8-1.06 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted if received by 5:00 p.m. of the 5" working day r- prior to the day of the proposed bid opening. kk If there are any questions regarding this project, please contact: City Engineer's Office San Bernardino City Hall ' 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 ' E-mail: grigorescu_mi @sbcity.org Re: PLANS & SPECIAL PROVISIONS NO. 12810 ' TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND SIERRA WAY HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(050) ' SP-52 SECTION 8 ' MATERIALS 8-2 MISCELLANEOUS 8-2.01 BUY AMERICA REQUIREMENTS -- Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Section 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, ' pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of ' steel or iron materials shall be considered a manufacturing process subject to the 'Buy America" requirements. A Certificate of Compliance shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. ' The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any ' foreign steel and iron prior to incorporating such materials into the work. ' SP-53 8-2.02 APPROVED MATERIALS -- Whenever the expression "or approved equal" ' is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. ' The Contractor shall make any corrections to shop drawings required by the Engineer. 8-2.03 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: ' A. Materials, if furnished by the CITY, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing City-furnished materials. ' B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. CITY-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY for ' the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. ' SP-54 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- The Contractor shall comply with Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, latest edition, and these Special Provisions. L 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 an maintenance ntenance 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 r„ work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. SP-55 In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the Engineer, as defined necessary to ensure the proper flow of traffic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. The Contractor shall notify all local authorities of his intent to begin work, in writing, at least seven (7) days before work is begun. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "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-56 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. 9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. Convenient access to abutting properties shall be maintained and remain open, unless approved by the Engineer. 9-1.06 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. 9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a time. The Contractor shall submit traffic control plans and obtain written approval from the Traffic Engineer prior to lane closure. No traveled lane will be closed without authorized approval given by the Engineer. If any traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to ■ notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of the lane or road closure. If lane closures area roved b 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. 1 SP-57 Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass through the work area, or an approved detour shall be provided. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. 9-1.08 PAYMENT -- Full compensation for furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, shall be considered as included in the lump sum ' prices paid for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. ' The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. Such approved modifications or alterations shall be adopted immediately and shall be considered paid in full as a part of the lump sum contract bid price for"TRAFFIC CONTROL", and no additional compensation will be allowed therefor. SP-58 SECTION 9-3.4—MOBILIZATION Section numbering for the Remainder of these Special Provision are Keyed to the Standard Specifications for Public Works Construction and Caltrans Standard Specifications 9-3.4 Mobilization. Replace the entire subsection with the following: When a bid item is included for "MOBILIZATION", the costs of work in advance of construction operations and not directly attributable to any specific Bid item will be included in the progress estimate. Mobilization may include, but not be limited to, the following: 1. Submittal and modification, as required, of the Construction Schedule. 2. Establishing work and storage areas. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds. 6. Moving personnel, equipment, materials, and incidentals to the Work Site. 7. Installing construction fencing and temporary construction power and wiring. 8. Establishing a minimum of one toilet facility and one washing station for each 20 employees or fraction thereof. 9. Establishing temporary utilities. 10. Establishing fire protection facilities. 11. Posting OSHA notices and establishing safety programs. 12. Posting Department of Labor notices. 13. Having the Contractor's representative available full time at the job site during work hours, and available 24 hours per day for emergency contact. 14. Establishing air and water quality protection measures. 15. Potholing and other research and review necessary to verify site conditions and underground utility locations. 16. Demobilization of the Site. The cost of move in and move out, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for "MOBILIZATION" as a lump sum item, of 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. 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. SP-59 r PART 2 CONSTRUCTION MATERIALS The following sections of the Special Provisions supplement and amend the Standard Specifications for Public Works Construction 2015 Edition. As a reference convenience, these sections are arranged in a format that parallels the Standard Specifications. SECTION 200— ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS. 200-2.1 General. Replace the entire subsection with the following: ■ Untreated base or sub-base shall be 3/4 inch Crushed Aggregate Base. All processing or blending of materials to meet the grading requirement shall be performed at the plant or source. The materials shall compact to a hard, firm, unyielding surface and shall remain stable when saturated with water. SECTION 201 — CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. 201-1.1 Requirements. 201-1.1.2 Concrete Specified by Class and Alternate Class. Replace the last sentence with the following: Portland cement concrete for all flatwork shall be class 520-C-3250, with a maximum slump of 4 inches. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.1 General. Add the following: The performance Grade of asphalt concrete shall be PG 64-10. Where dense graded asphalt is being constructed in two or more layers, the asphalt concrete pavement for the base course shall be B-PG 64-10. Where dense graded asphalt is being constructed in a single layer, or for a finishing course or asphalt concrete overlay, the asphalt concrete pavement shall be C2-PG 64-10. SECTION 211 — MATERIALS TEST 211-1 COMPACTION TEST Add the following: Cost of compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. The Contractor shall pay the price at the same rate that the CITY is charged by the testing soils lab. 2. Tests which do meet the required relative compaction shall be paid for by the CITY. SECTION 214—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS SP-60 AND PAVEMENT MARKERS ' 1. DELETE Section 214 in its entirety and SUBSTITUTE with Caltrans Standard Specifications, Section 84 "TRAFFIC STRIPES AND PAVEMENT MARKINGS" and Section 85 "PAVEMENT MARKERS'. 2. Signing, Striping, and Pavement Markers materials shall be in accordance with Caltrans Standard Specifications and Caltrans Standard Plans, except herein amended. 3. Section that start with "84" or "85" correspond to the same subsection in Section 84 or Section 85 of the Standard Specifications of Caltrans. PART 3 CONSTRUCTION METHODS The following sections of the Special Provisions supplement and amend the Standard Specifications for Public Works Construction 2015 Edition. As a reference convenience, these sections are arranged in a format that parallels the Standard Specifications. SECTION 300 — EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following: ® In addition to the items specified in this subsection, clearing and grubbing shall include the removal and disposal of existing curb & gutter, curb returns, sidewalks, spandrels, and asphalt concrete pavement, as indicated on the Plans. Traffic Signal Equipment Removal. Remove existing traffic signal standard with signal equipment, including foundations as shown on the Plans and as directed by the Engineer. The Contractor shall salvage removed TS Standards with signal equipment. d Payment shall be paid for at the contract unit price as shown on the bid. 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General. Replace the entire subsection with the following: Objectionable materials removed by the Contractor during clearing and grubbing operations shall become the property of the Contractor and the Contractor shall be responsible for the lawful disposal of these materials, except as follows: Materials designated for salvage shall be delivered to the City Yard at 234 South Mountain View Avenue, San Bernardino, CA 92408 during normal business hours. The Contractor shall notify the Operations and Maintenance Division at 909-384-5045 at least one working day prior to delivery. The Contractor shall provide equipment as required, to safely load and unload salvaged materials. 300-1.3.2 Requirements. a) Bituminous Pavement. Replace the second sentence with the following: Edges to be joined shall be saw cut to the full depth of the existing bituminous pavement. SP-61 301-2 UNTREATED BASE. ,.R 301-2.4 Measurement and Payment. Replace the first sentence with the following. Crushed aggregate base will be paid per the bid schedule, shall include but not be limited to furnishing, placing and compacting all the materials required under all asphalt concrete pavement and other flatwork in the project, per the Plans, the Standard Specifications, these Special Provisions and as directed by the Engineer, and shall be considered as included in the Contract unit bid price paid per Ton, and no additional compensation will be allowed. SECTION 302— ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: In the reconstruction areas shown on the Plans, the asphalt concrete pavement shall be per city of San Bernardino Standard No. 310 and as directed by the Engineer. Adjustment of Water Facilities. The work involves the adjustment of water valve enclosures that may exist in the project area, per the Plans, these special provisions and as directed by the engineer. In the event of damage to the existing facilities both seen and unseen, repair shall be in accordance with City of San Bernardino Water Department Standard No. SBMWD W3.3. Payment shall be paid for at the Contract Unit Price as shown in the Bid. 302-5.9 Measurement and Payment. Replace the first sentence with the following: Asphalt concrete pavement will be paid for at the Contract Unit Price per square feet as shown in the Bid. SECTION 303—CONCRETE AND MASONARY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ® ACCESS RAMPS, AND DRIVEWAYS. 303-5.1 Requirements. 303-5.1.1 General. Add the following: Installation of Detectable Warning Surface Truncated Domes. Truncated domes shall be installed in accordance with SPPWC Standard Plan 111-5, per the Plans, and as directed by the Engineer. PCC Curb & Gutter. Curb & gutter shall be constructed in accordance with City of San Bernardino Standard Plan No. 200 Type B, per the Plans and as directed by the Engineer, amended as follows: modified to meet existing field conditions, the concrete class shall be 520-C-3250. PCC Sidewalk. Portland cement concrete sidewalk shall be constructed in accordance with City of San Bernardino Standard Plan No. 202, and as directed by the Engineer. PCC Curb Ramp. Portland cement concrete curb ramp shall be constructed in accordance with SPPWC Standard Plan 111-5, per the plans, and as directed by the Engineer, amended as follows: the concrete class shall be 520- C-3250. SP-62 PCC Local Depression. Portland cement concrete local depression shall be constructed in accordance with SPPWC Standard Plan 111-3, per plan, and as directed by the Engineer, amended as follows: the concrete class shall be 520-C-3250. PCC Bus Pad. Portland cement concrete bus pad shall be constructed in accordance with SPPWC Standard Plan 131-2, per plan, and as directed by the Engineer, amended as follows: the concrete class shall be 520-C-3250. It is the Contractor's responsibility to verify ramp-type selection and geometrics, with concurrence from the Engineer, at every curb ramp location, before proceeding to remove existing improvements. No removals shall be done until it has been determined by the Contractor that a curb ramp can be installed that will meet all ADA requirements and Standard Plans for Public Works Construction (SPPWC) Standard Plan 111-5. Corner record transit ties shall be performed and recorded prior to existing removals. The Contractor shall be responsible for modifying traffic signal and highway lighting conduit and conductors when adjusting pull boxes in curb ramp areas. Adjustments to pull boxes may be adjusting to grade, or translational (relocations) within the allowable conduit slack for each interfering pull box. Contractor shall be responsible for replacement of any pull boxes and/or pull box covers damaged prior to and/or during construction. Contractor shall also protect in place all utility poles, traffic signal poles and their foundations, pole mounted traffic signal pushbuttons and their foundations, and traffic signal controller boxes and their foundations, including forming concrete surrounding their foundations, when such foundations are within the area of placement of a new access ramp. For purposes of measurement and payment, PCC Curb Ramp limits are considered as being within the ECR to BCR area. To meet ADA requirements, Contractor may be directed by the Engineer to remove and replace panel(s) of sidewalk, one or both approaches to each curb ramp. When said replacement panel(s) are within the ECR to BCR corner area, payment for the sidewalk panei(s) beyond the ECR to BCR area, shall be covered and paid separately under "PCC SIDEWALK" of these Special Provisions. Additionally, Contractor may be directed by the Engineer to remove and replace segment(s) of curb and gutter, one or both approaches to each curb ramp. When said replacement segment(s) are within the ECR to BCR corner area, payment for the curb and gutter segment(s) are considered as part of the PCC Curb Ramp cost. Any portions of replaced curb and gutter segment(s) beyond the ECR to BCR corner area shall be covered and paid separately under "PCC CURB AND GUTTER, of these Special Provisions. Where gutter is not present, this shall apply equally to PCC CURB only work associated with PCC Curb Ramps as well. Modify Existing PCC Curb Ramp by Grinding. Ramp shall be modified in accordance with SPPWC Standard Plan 111-5. Where noted on plans, Contractor shall grind the lip at the bottom of existing curb ramps, flush with the existing PCC gutter flow line, for the full 4" width of the bottom of the ramp, and/or install minimum 3' X 4' •. detectable warning surface pads, per the plans, these special provisions and as directed by the engineer. It is the Contractor's responsibility to verify that the existing curb ramp can be modified to meet current ADA requirements, prior to initiating work on the existing curb ramps. There will be no payment of any kind for modified curb ramps that do not meet current ADA Standards and SPPWC STD 111-5. The above-referenced Standard Plans are included in the APPENDIX and made a part of these Special Provisions by reference. 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 Adiustment City PB/Covers. City utility pull box (TS, ST LT), WM and WV covers within the sidewalk, construction areas shall be adjusted to grade. Payment shall be paid for at the contract unit price as shown in the bid. Adjustment of Water Facilities. The work involves the adjustment of water valve enclosures that may exist in the project area, per the Plans, these special provisions and as directed by the engineer. In the event of damage to the existing facilities both seen and unseen, repair shall be in accordance with City of San Bernardino Water Department Standard No. SBMWD W3.3. Payment shall be paid for at the Contract Unit Price as shown in the Bid. SP-63 SECTION 309—MONUMENT ' 309-4 PAYMENT. Replace the entire subsection with the following. Full compensation for doing all the work involved in constructing the survey monuments, including necessary excavation and backfill as shown on the Plans or directed by the Engineer, shall be considered as included in the lump sum bid price for Surveying, and no additional compensation shall be allowed. SECTION 314—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS ki AND PAVEMENT MARKERS 1. DELETE Section 314 in its entirety and SUBSTITUTE with Caltrans Standard Specifications, Section 84 "TRAFFIC STRIPES AND PAVEMENT MARKINGS" and Section 85 "PAVEMENT MARKERS". ' 2. Signing, Striping, and Pavement Markings installation work shall be done in accordance with Caltrans Standard Specifications and Caltrans Standards Plans, except as herein amended. ' 3. Signing, Striping, and Pavement Markers removal shall be done in accordance with Caltrans Standard Specifications Section 15-2.02C "Remove Traffic Stripes and Pavement Markings" ' 4. Section that start with "84" or "85" correspond to the same subsection in Section 84 or Section 85 of the Standard Specifications of Caltrans. 15-2.02C(3) Payment. Replace with the following: Full compensation for removing signing, striping, and pavement markings shall be included in the bid item Signing 9 9 and Striping in the contract price per Lump Sum (LS) shall include all labor, materials, tools, equipment and ' incidentals to do all the work involved thereof, complete, in place and accepted. ' PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600—ACCESS 600-2 Vehicular Access. Add the following: ' The Contractor shall not close more than two (2) traffic lanes at a time and shall maintain one (1) open travel lane in each direction. Contractor shall prepare a traffic control plan to be approved by the city prior to construction. Traffic lane closures shall conform to the requirements of the approved Traffic Control Plan. Traffic lane closures shall only be permitted between the hours of 8:00 a.m. and 4:00 p.m. on designated working days during times of active construction operations. Traffic shall be permitted to pass through the Work site, unless otherwise shown on the Traffic Control Plan. Arterial and secondary streets shall not have the travel lanes closed during rush hours 7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. ' 600-3 Pedestrian Access. Replace with the following.- Safe, adequate, and ADA compliant pedestrian access shall be maintained unless otherwise approved by the Engineer. SP-64 SECTION 601—WORK AREA TRAFFIC CONTROL 601-1 General. Replace the first sentence of the first paragraph with the following. Work area traffic control shall conform to the California Manual of Uniform Traffic Control Devices. 601-2 Traffic Control Plan (TCP). Replace the 1Stsentence with the following: The Contractor shall prepare Traffic Control Plans depicting the layouts, methods, and devices that will be used to satisfy the requirements of subsections 600-2 and 601-1 of these special provisions in accordance with 2-5.3. Traffic Control Plans shall be provided for each phase of the Work. At the Pre-Construction Meeting, the Contractor shall submit two copies of the Traffic Control Plans to the Engineer. The Contractor shall incorporate into the Traffic Control Plans any modifications requested by the Engineer. 601-3 Payment. Replace the entire subsection with the following: Payment for work area traffic control and preparation of the Traffic Control Plan shall be included in the lump sum bid price for Traffic Control. PART 7 STREET LIGHTING AND T RAFFIC SIGNAL SYSTEMS SECTION 700—MATERIALS 1. DELETE Section 700 in its entirety and SUBSTITUTE with Caltrans Standard Specifications, Section 86 "ELECTRICAL SYSTEMS". 2. Signal, lighting, and electrical system materials shall be in accordance with Caltrans Standard Specifications and Standard Plans, except as herein amended. 3. References to Sections 10 through 95 of the Standard Specifications of the State of California shall apply where shown in Section 86. References in the State Standard Specifications to the State of California, its agencies, or agents shall be construed to refer to the City, its corresponding agencies, or agents. 4. Section that start with "86" correspond to the same subsection in Section 86 of the Standard Specifications of Caltrans. 86-1.07 Scheduling of Work. Add the following: The traffic signal turn-on schedule shall be approved in writing by the City Engineer a minimum of four (4) working days prior to turn-on. All traffic signal equipment shall be provided and in place including, but not limited to, signal cabinet equipment, traffic signal equipment, signal interconnect, phone drops, modems, counting equipment, striping and signing. The Engineer, as well as representatives of the Public Works Department, Street Maintenance Section and Traffic Signal Section, shall be present at the traffic signal turn-on. 86-2 Materials and Installation 86-2.03 Foundations. Add the following. SP-65 Portland Cement Concrete shall conform to Section 90-2, "MINOR CONCRETE" of the Caltrans Standard Specifications, and shall contain not less than 470 pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than 590 pounds of cement per cubic yard. 86-2.04 Standards, Poles, Steel Pedestals and Posts: 86-2.04A General. Add the following: Where the Plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon may be substituted. ' 86-2.05 Conduits. Add the following: Existing conduit from pedestal to point of electrical service shall remain per current Southern California Edison Company electrical service standards. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. 86-2.05A Material. Add the following: All conduits on this project shall be rigid metal type. Rigid metal conduit to be used as a drilling or jacking rod shall be fitted with suitable drill bits for size hole required. Acrylonitrile butadiene styrene shall not be used for conduits. 86-2.06 Pull Boxes. 86-2.06A Materials. Replace the first sentence with the following: "Pull box, cover, and extension for installation in ground or sidewalk area shall be McCain precast reinforced concrete with vandal resistant pull box inserts or approved equal. Pull boxes shall be #5 (except as shown on the Plans) and shall be installed flush with top of curb or concrete sidewalk." 86-2.08 Conductors and Cables 86-2.08A General. Add the following: Nylon-jacked conductors shall not be used 86-2.14 Testing 86-2.14A Materials Testing. Replace the following: The new complete control system including the cabinet shall be delivered to the City of San Bernardino Signal Maintenance Yard, 234 South Mountain View Avenue, San Bernardino, CA 92408, for operational testing and adjustment. The exact location of delivery shall be designated by the Traffic Engineer. The Contractor shall notify the Engineer a minimum of 48 hours prior to delivery of equipment to be tested. All transportation and/or shipping costs for the complete control system shall be borne by the Contractor. Prior to testing, the materials delivered must display or the Contractor shall provide the following information: SP-66 (a) Project Identification (b) Job Location (c) Contractor's Name, Address and Telephone Number (d) Manufacturer's Name, Address and Telephone Number (e) Controller Program Identification (f) All existing auxiliary equipment shall be compatible with the new Type 170E controller (sensors, isolators, conflict monitors, etc.) The Contractor shall allow a minimum of 10 working days for operational testing and adjustment, with the added provisions that if the equipment should fail, an additional 10-day period shall be allowed for retesting. When notified by the CITY, the Contractor shall pick up the complete control system within 48 hours and haul same to the office of the work at his own expense. Control systems which fail the testing shall be picked up by the Contractor for repairs and then redelivered to the testing site for retesting. Costs for testing of the control system shall be paid for in the following manner: 1. Testing of the control system, which does not pass shall be paid for by the Contractor as a deduction from his contract. 2. Testing of the control system, which passes will be paid for by the CITY. 86-2.14C Functional Testing. Add the following: A functional test shall be made in which it is demonstrated that each and every part of the system functions as specified. This shall include camera vehicle counting, counting equipment, interconnect wireless and hardwire. 86-3.01 Controller Assemblies 86-3.01A General. Add the following: Each controller shall have a local controller package consisting of 1 Model 400 Modem, 1 Model 412 AZ with extended memory 2-64K SRAM chips (Dallas DS-1225) and 1-27256 blank program EPROM chip and C-2 Connector. A full complement of EPROM chips shall be furnished for each controller program module. Two (2) complete manuals and four (4) complete cabinet wiring diagrams shall be supplied in accordance with the above-referenced Standard Specifications, latest edition. The convenience receptacle shall have ground-fault circuit interruption as defined by the Code. Circuit interruption shall occur on less than 4 milliamperes of ground-fault current. The Contractor shall arrange to have a signal technician qualified to work on the controller and employed by the controller manufacturer, or his representative, present at the time the equipment is turned on. The existing service pedestal with dual service meters for traffic signal system and highway street lighting shall remain. 86-3.02 Battery Backup System iilP SP-67 86-3.026 Materials. add the following for batteries: Uninterruptible Power System (UPS). An UPS shall be required for all new or modified traffic signal work. The UPS shall be SP 1250LX-N series as manufactured by Clary Corporation, or approved equal. The UPS must be a true on-line system that provides clean, regulated dual conversion power to all components in the controller cabinet. The system is unique in that it continuously regenerates and conditions the AC sine wave, where 100% of the power to the load, whether on utility or batteries, is generated by the on-board inverter. The system will include a SPD-302C By-pass switch with GFI and generator plug and cable. The batteries required will consist of 6 batteries, OP72D, 72Vdc, 51Ahr. Any UPS to be considered as an "approved equal," shall be Caltrans approved. 86-4 Traffic Signal Faces and Fittings 86-4.01 Vehicle Signal Faces. add the following: Signal section housing shall be metal type and backplates shall be metal louvered type. Mast arm and arrow signal heads shall have 12" glass lenses. Pole mounted signal heads shall have 12" glass lenses. 86-4.01A Signal Sections. Replace 6. "Use LED Modules"with the following: All lamps for traffic signal units shall be LED and furnished by the Contractor. All LED lamps must be hardwired (Type 1). 86-4.01A(1) Metal Signal Sections. add the following: 86-4.011) Light Emitting Diode Signal Module. 86-4.011)(2)(a) Summary. add the following: LED modules will have EPA Energy Star compliance ratings. When a current of 20 mA AC (or less) is applied to the unit, the voltage reading across the two leads shall be 15 VAC or less. r The modules and associated on-board circuitry must meet Class A emission limits referred in Federal 7 Communications Commission (FCC)Title 47, Sub-Part B, Section 15 regulations concerning the emission of electronic noise. 86-4.03 Pedestrian Signal Faces. add the following. Pedestrian signals shall be Type"A". All pedestrian head shall be countdown indications. 86-5.01 Vehicle Detectors 86-5.01A(3) Construction Materials. add the following: Conductors 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 Plans ES-13A. Pull Box SP-68 Loop Detector Pull boxes shall be #3-1/2 (except as shown on the Plans) and installed flush with top of curb or concrete sidewalk. Pull Boxes shall be McCain precast reinforced concrete with vandal resistant insert or approved equal. Contractor shall mark all covers "CITY OF SAN BERNARDINO" and "TRAFFIC" on each pullbox. 86-5.01 D Emergency Vehicle Detector System 86-5.01 D(1) General. 1. Each traffic signal, where shown on the plans, shall have a modulated light signal detection system which shall conform to the details shown on the plans and these special provisions. Each modulated light signal detection system shall consist of an optical detector/discriminator assembly or assemblies located at the traffic signal. Emitter assemblies are not required for this project. 2. Each system shall permit detection of two classes of authorized vehicles. Class I (mass transit) vehicles shall be capable of being detected at any range of up to 550 m (1,800') from the optical detector. Class II (emergency) vehicles shall be capable of being detected at any range up to 750 m (2,500') from the optical detector. 3. Class I signals (those emitted by Class I vehicles) shall be distinguished from Class II signals (those emitted by Class II vehicles) on the basis of the modulation frequency of the light from the respective emitter. The modulation frequency for Class I signal emitters shall be 9.63855 Hz lass I signals (those emitted by Class I vehicles) shall be distinguished from Class II signals 4. A system shall establish a priority of Class 11 vehicle signals over Class I vehicle signals, and shall conform to the requirements in Section 25352, of the California Vehicle Code. Standard emitters for both classes of signals shall be available from the manufacturer of the system. Range measurements shall be taken with all range adjustments on the discriminator module set to "Maximum." 86-5.02 Pedestrian Push Button Assemblies. add the following: The pedestrian push button switch shall be a precision type, single pole, single throw, expandable to three poles, single throw operation, having pressure type terminals, rated at 120vac, and capable of 1X106 operations. The switches shall be UL listed, CSA certified, and meet the requirements of NEMA ICS-1, ICS-2. The switch shall have the following characteristics: A. The switching unit shall have a stainless steel, aluminum, or structural plastic operator and shall be mounted within the housing with a stainless steel, non-corrosive, temper-proof, fastening device. It shall be of such a size to permit recessed mounting in most existing standard type pedestrian push buttons without any modifications to either unit. B. The actuator shall be conical in shape with the cone extending 7/16" to %2" above bezel of the switch housing, and 2" in diameter. C. The switch shall have an operating force of 9 to 13 ounces and a minimum release force of 4 ounces. Pre- travel shall be 1/64 inch maximum. Over-travel shall be 7/32 inch minimum. Differential travel shall be .0004 to .002 inch. 86-6.01 LED 86-6.09E General. add the following: Intersection safety lighting must be LED type. Luminaires must be one of the models listed on Caltrans pre- qualified list and be the Roadway 1 application type. 86-6.09 Internally Illuminated Street Name Signs. Replace with the following: SP-69 MAST ARM-MOUNTED REFLECTORIZED STREET NAME SIGN -- Mast arm-mounted reflectorized street name signs shall be per City of San Bernardino Standard Plan No 504. The Contractor shall provide and install all the necessary hardware and mounting brackets to install the mast arm- mounted reflectorized street name signs. The Contractor shall provide Safeway Sign bracket EZ-L telescoping mast arm sign bracket with swing assembly, or approved equal, by the City Traffic Engineer. All modifications to standard equipment must be documented. The Contractor is responsible for generating the desired documentation in the event that it is not available from the manufacturer 86-8 PAYMENT 86-8.01 PAYMENT. Replace with the following: The contract bid lump sum price paid for"TRAFFIC SIGNAL SYSTEM" shall be considered as full compensation for furnishing all materials, tools and equipment and for executing all the work involved in the installation of the traffic signal and street lighting system, including traffic signal inductive loop detection, interconnect and emergency vehicle preemption priority systems, complete in place, per the Plans, the Caltrans and Greenbook _ Standard Specifications, these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. SECTION 701 —CONSTRUCTION 701 CONSTRUCTION. 1. DELETE Section 701 in its entirety and SUBSTITUTE with Caltrans Standard Specifications, Section 86 "ELECTRICAL SYSTEMS". 2. Signal, lighting, and electrical system installation work shall be done in accordance with Caltrans Standard Specifications and Standard Plans, except as herein amended. 3. References to Sections 10 through 95 of the Standard Specifications of the State of California shall apply where shown in Section 86 References in the State Standard Specifications to the State of California, its agencies, or agents shall be construed to refer to the City, its corresponding agencies, or agents. 4. Section that start with "86" correspond to the same subsection in Section 86 of the Standard Specifications of Caltrans. 86-2.05 Conduits. 86-2.05C Installation. Replace the third sentence with the following: SP-70 If a standard coupling cannot be used for coupling metal type conduit, use a threaded union coupling that is UL or NRTL listed, or a concrete-tight split coupling or concrete-tight set screw coupling shall be used. 86-2.09 Wiring 86-2.09E Splice Insulation. Replace the first sentence with the following: Splices shall be insulated by"Method B" as provided on Caltrans Standard Plans ES-13A. 86-6.01 LED 86-6.09 Internally Illuminated Street Name Signs. Replace with the following: MAST ARM-MOUNTED REFLECTORIZED STREET NAME SIGN -- Mast arm-mounted reflectorized street name signs shall be per City of San Bernardino Standard Plan No 504. Reflective sheeting shall be applied in such a manner as to maintain light transmission levels specified in the Caltrans Specifications. SP-71 PART III FEDERAL REQUIREMENTS 1 1 1 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) ' The following language must be incorporated into all Local Assistance Federal-aid construction contracts. The following language, with minor edits,was taken from the Code of Federal Regulations. 1. DISADVANTAGED BUSINESS ENTERPRISES(DBE).........................................................................2 A. DBE COMMITMENT SUBMITTAL..................................................................................2 B. GOOD FAITH EFFORTS SUBMITTAL..............................................................................3 C. EXHIBIT 15-G-CONSTRUCTION CONTRACT DBE COMMITMENT....................................4 ' D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS..................4 E. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES.....................................4 2. BID OPENING..................................................................... ......................................................................5 3. BID RIGGING..............................................................................................................................................5 4. CONTRACT AWARD.................................................................................................................................5 ' 5. CONTRACTOR LICENSE.........................................................................................................................5 6. CHANGED CONDITIONS.........................................................................................................................6 ' A. DIFFERING SITE CONDITION.......................................................................................6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER.................................................6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK...............................................6 7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES................7 8. BUY AMERICA...........................................................................................................................................7 ' FURNISH STEEL AND IRON MATERIALS TO BE INCORPORATED INTO THE WORK WITH CERTIFICATES OF COMPLL-kNCE.STEEL AND IRON.VIATERIALS MUST BE PRODUCED IN THE U.S.EXCEPT: ...............................7 ' 9. QUALITY ASSURANCE............................................................................................................................8 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS........................................8 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS.......9 12. FEMALE AND MINORITY GOALS..............................................................................18 13. FEDERAL TRAINEE PROGRAM..................................................................................19 14. TITLE VI ASSURANCE..............................................................................................21 15. USE OF UNITED STATES-FLAG VESSELS....................................................................22 Page I of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G ' Required Federal-Aid Contract Language 1. DISADVANTAGED BUSINESS ENTERPRISES(DBE) ' Under 49 CFR 26.13(b): The contractor, subrecipient 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. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract(49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5,the Agency shows a goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and PW suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program,go to: hM:l/www.dot.ca.gov/hq/bepifmd certified.htm. ' All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. ' Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. ' • Only fees,commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and"regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1)through(4)and(6). ' a. DBE Commitment Submittal Submit the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid book. If the form is not submitted with the bid,remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid,the apparent low-bidder,the 2nd low bidder,and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form,submit the completed form within 4 business days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. ' If you do not submit the DBE Commitment form within the specified time,the Agency will find your bid nonresponsive. ' Page 2 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G ' Required Federal-aid Contract Language b. Good Faith Efforts Submittal ' If you have not met the DBE goal,complete and submit the DBE Information-Good Faith Efforts,Exhibit 15-K form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m.on the 4th business day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the ' DBE Commitment form,you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. ' Good faith efforts documentation must include the following information and supporting documents,as necessary: 1. Items of work you have made available to DBE firms. Identify those items of work you ' might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed,show the dollar value and percentage of the total contract. It is your responsibility to demonstrate ' that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs 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 DBEs 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. You are reminded to solicit certified DBEs through all reasonable and available means and provide ' sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include ' name,address,and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE,provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE 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 DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications,and requirements of the contract to assist them in responding to a solicitation. If you have provided information,identify the name of the DBE assisted,the nature of the information provided,and date of contact. Provide copies of supporting documents,as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding,lines of credit,insurance, necessary equipment,supplies,and materials,excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance ' is provided by you, identify the name of the DBE assisted,nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents,as appropriate. 8. Any additional data to support demonstration of good faith efforts. I The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. Page 3 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal Aid Contract Language c. Exhibit 15-G-Construction Contract DBE Commitment Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner,the Agency encourages you to submit a copy of the joint venture agreement.) d. Subcontractor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) and Exhibit 15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 15`-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE ' trucking company,regardless of tier • Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. I Before the 15th of each month, submit a Monthly DBE Trucking Verification form. I ' If a DBE is decertified before completing its work,the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work,the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises(DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days I , of contract acceptance. Upon work completion, complete Exhibit 17-F Final Report—Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency ' will withhold$10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. ' e. Performance of Disadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. ' Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. ' 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. ' Page 4 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. ' Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from you to the DBE regarding the request. 3. Notices from the DBEs to you regarding the request. If a listed DBE is terminated or substituted,you must make good faith efforts to find another DBE to ' substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. F` Unless the Agency authorizes(1)a request to use other forces or sources of materials or(2)a good faith effort for a substitution of a terminated DBE,the Agency does not pay for work listed on the Exhibit 15-G Construction Contract DBE Commitment form unless it is performed or supplied by the listed DBE or an I authorized substitute. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Bidders. 3. BID RIGGING The U.S.Department of Transportation(DOT)provides a toll-free hotline to report bid ' rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is(800)424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.. The hotline is part of the DOT's effort to identify and investigate highway construction contract ' fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). Page 5 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 6. CHANGED CONDITIONS a. Differing Site Conditions 1. 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 the site is disturbed and before the affected work is performed. 2. Upon written notification,the engineer will investigate the conditions,and if it is determined 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 anticipated profits,will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. w 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency,at their option.) b. Suspensions of Work Ordered by the Engineer 1. 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 and/or 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. ' 2. Upon receipt,the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or 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 r. accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. I ' 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. I 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. ' c. Signifteant Changes in the Character of Work 1. The engineer reserves the right to make,in writing,at any time during the work,such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. I ' Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the I , contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character,an adjustment,excluding anticipated profit,will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis I , Page 6 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language cannot be agreed upon,then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract,the altered work will be paid for as provided elsewhere in the contract. 4. The term"significant change'shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity,or in case of a decrease below 75 percent,to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City County of This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after approval of the contract. (Insert amount of Liquidated Damages) The Contractor shall pay to the City'County of the sum of S per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. 8. BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S.except: 1. Foreign pig iron and processed, pelletized,and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478(03'24'1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.l percent of the total bid or$2,500, materials produced outside the U.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape(such as rolling,extruding, machining, bending,grinding, and drilling)or chemical composition; 2. Coating application, including epoxy coating,galvanizing,and painting,that protects or enhances the value of steel and iron materials. Page 7 of 24 July 2016 Local Assistance Procedures anual Exhibit 12-G ' Required Federal-Aid Contract Language 9. QUALITY ASSURANCE The Agency uses a Quality Assurance Program(QAP)to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Agency performs if they are available at the job site. ' Schedule work to allow time for QAP. 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS (The local agency must include one of the following three provisions to ensure prompt and full payment of any retainage from the prime contractor,or subcontractor,to a subcontractor. Remove or strike out the methods not used.) (EITHER) ' No retainage will be withheld by the agency from progress payments due the prime contractor. Retainage by the prime contractor or subcontractors is prohibited and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or ' subcontractor to the penalties,sanctions and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative,or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract ' performance,or noncompliance by a subcontractor. (OR) ,�. No retainage will be held by the agency from progress payments due the prime contractor. Any retainage held by the prime contractors or subcontractors from progress payments due subcontractors shall be promptly paid in full to subcontractors within 30 days after the subcontractor's work is satisfactorily completed. Federal law(49CFR26.29)requires that any delay or postponement of payment over the 30 days may take ' place only for good cause and with the agency's prior written approval. Any violation of this provision shall i subject the violating prime contractor or subcontractor to the penalties,sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or ' impair any contractual,administrative,or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance,or noncompliance by a subcontractor. ' (OR) 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 a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. ' Federal law(49CFR26.29)requires that 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 this provision shall subject the violating prime contractor or subcontractor to the penalties,sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual,administrative,or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance,or noncompliance by a subcontractor. Page 8 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) ' [The following 10 pages must be physically inserted into the contract without modification.] 1 Page 9 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS L General The provisions of this section related to 23 CFR Part 230 are applicable II. Nondiscrimination to all Federal-aid construction contracts and to all related construction 111. Nonsegregated Facilities subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are IV. Davis-Bacon and Related Act Provisions not applicable to material supply.engineering,or architectural service . V- Contract Work Hours and Safety Standards Act Provisions contracts- VI- Subletting or Assigning the Contract VII. Safety:Accident Prevention In addition,the contractor and all subcontractors must comply with the _ VIII. False Statements Concerning Highway Projects following policies:Executive Order 11246,41 CFR 60;29 CFR 1625- 1X. Implementation of Clean Air Act and Federal Water Pollution 1627 Title 23 USC Section 140.the Rehabilitation Act of 1973.as Control Act amended(29 USC 794),Title VI of the Civil Rights Act of 1964,as �+ X. Compliance with Govemmentwide Suspension and Debarment amended,and related regulations including 49 CFR Parts 21,26 and 27, Requirements and 23 CFR Parts 200,230,and 633. XI. Certification Regarding Use of Contract Funds for Lobbying The contractor and all subcontractors must comply with: the ATTACHMENTS requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and. for all construction contracts exceeding$10,000,the Standard Federal A.Employment and Materials Preference for Appalachian Development Equal Employment Opportunity Construction Contract Specifications in .rn Highway System or Appalachian Local Access Road Contracts(included 41 CFR 60-4.3. in Appalachian contracts only) Note:The U.S.Department of Labor has exclusive authority to determine 1. GENERAL compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting 1. Form FHWA-1273 must be physically incorporated in each agency and the FHWA have the authority and the responsibility to construction contract funded under Title 23(excluding emergency ensure compliance with Title 23 USC Section 140,the Rehabilitation Act contracts solely intended for debris removal). The contractor(or of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of subcontractor)must insert this form in each subcontract and further 1964,as amended,and related regulations including 49 CFR Parts 21 require its inclusion in all lower tier subcontracts(excluding purchase 26 and 27 and 23 CFR Parts 200.230.and 633. orders.rental agreements and other agreements for supplies or services). The following provision is adopted from 23 CFR 230 Appendix A.with appropriate revisions to conform to the U.S.Department of Labor(US The applicable requirements of Form FHWA-1273 are incorporated by DOL)and FHWA requirements. reference for work done under any purchase order,rental agreement or agreement for other services. The prime contractor shall be responsible 1.Equal Employment Opportunity:Equal employment opportunity for compliance by any subcontractor lower-tier subcontractor or service (EEO)requirements not to discriminate and to take affirmative action to provider assure equal opportunity as set forth under laws,executive orders,rules. regulations(28 CFR 35.29 CFR 1630.29 CFR 1625-1627,41 CFR 60 Form FHWA-1273 must be included in all Federal-aid design-build and 49 CFR 27)and orders of the Secretary of Labor as modified by the contracts,in all subcontracts and in lower tier subcontracts(excluding provisions prescribed herein,and imposed pursuant to 23 U.S.C.140 subcontracts for design services.purchase orders.rental agreements shall constitute the EEO and specific affirmative action standards for the and other agreements for supplies or services). The design-builder shall contractor's project activities under this contract.The provisions of the be responsible for compliance by any subcontractor.lower-tier Americans with Disabilities Act of 1990(42 U.S.0 12101 at seq.)set subcontractor or service provider forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract.In the execution of this contract,the contractor agrees to Contracting agencies may reference Form FHWA-1273 in bid proposal comply with the following minimum specific requirement activities of or request for proposal documents,however.the Form FHWA-1273 must EEO: be physically incorporated(not referenced)in all contracts,subcontracts and lower-tier subcontracts(excluding purchase orders,rental a.The contractor will work with the contracting agency and the Federal agreements and other agreements for supplies or services related to a Government to ensure that it has made every good faith effort to provide construction contract). equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 2. Subject to the applicability criteria noted in the following sections. these contract provisions shall apply to all work performed on the b.The contractor will accept as its operating policy the following contract by the contractor's own organization and with the assistance of statement: workers under the contractor's immediate superintendence and to all work performed on the contract by piecework,station work,or by "it is the policy of this Company to assure that applicants are subcontract. employed,and that employees are treated during employment.without regard to their race.religion,sex,color,national origin.age or 3. A breach of any of the stipulations contained in these Required disability Such action shall include:employment,upgrading, Contract Provisions may be sufficient grounds for withholding of progress demotion,or transfer.recruitment or recruitment advertising,layoff or payments,withholding of final payment,termination of the contract, termination;rates of pay or other forms of compensation;and selection suspension/debarment or any other action determined to be appropriate for training,including apprenticeship.pre-apprenticeship,and/or on- by the contracting agency and FHWA. the-job training." 4. Selection of Labor:During the performance of this contract,the 2. EEO Officer:The contractor will designate and make known to the contractor shall not use convict labor for any purpose within the limits of contracting officers an EEO Officer who will have the responsibility for a construction project on a Federal-aid highway unless it is labor and must be capable of effectively administering and promoting an performed by convicts who are on parole,supervised release,or active EEO program and who must be assigned adequate authority and probation. The term Federal-aid highway does not include roadways responsibility to do so functionally classified as local roads or rural minor collectors. 11. NONDISCRIMINATION Page 10 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire,supervise,promote.and discharge b. The contractor will periodically evaluate the spread of wages employees,or who recommend such action,or who are substantially paid within each classification to determine any evidence of involved in such action,will be made fully cognizant of,and will discriminatory wage practices. implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of c. The contractor will periodically review selected personnel employment. To ensure that the above agreement will be met,the actions in depth to determine whether there is evidence of following actions will be taken as a minimum: discrimination. Where evidence is found,the contractor will promptly take corrective action. If the review indicates that the a. Periodic meetings of supervisory and personnel office discrimination may extend beyond the actions reviewed,such employees will be conducted before the start of work and then not corrective action shall include all affected persons. less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained. d. The contractor will promptly investigate all complaints of The meetings will be conducted by the EEO Officer. alleged discrimination made to the contractor in connection with its obligations under this contract,will attempt to resolve such b. All new supervisory or personnel office employees will be given complaints,and will take appropriate corrective action within a a thorough indoctrination by the EEO Officer,covering all major reasonable time. If the investigation indicates that the discrimination aspects of the contractor's EEO obligations within thirty days may affect persons other than the complainant,such corrective following their reporting for duty with the contractor. action shall include such other persons. Upon completion of each investigation,the contractor will inform every complainant of all of c. All personnel who are engaged in direct recruitment for the their avenues of appeal. project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. 6.Training and Promotion: d. Notices and posters setting forth the contractor's EEO policy a. The contractor will assist in locating,qualifying,and increasing will be placed in areas readily accessible to employees,applicants the skills of minorities and women who are applicants for for employment and potential employees. employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or e. The contractor's EEO policy and the procedures to implement job classification involved. such policy will be brought to the attention of employees by means of meetings,employee handbooks.or other appropriate means. b. Consistent with the contractor's work force requirements and j as permissible under Federal and State regulations,the contractor 4.Recruitment:When advertising for employees,the contractor will shall make full use of training programs,i.e.,apprenticeship,and on- include in all advertisements for employees the notation:"An Equal the-job training programs for the geographical area of contract Opportunity Employer." All such advertisements will be placed in performance. In the event a special provision for training is provided publications having a large circulation among minorities and women under this contract,this subparagraph will be superseded as in the area from which the project work force would normally be indicated in the special provision. The contracting agency may derived. reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C.140(a). a. The contractor will,unless precluded by a valid bargaining agreement,conduct systematic and direct recruitment through public c. The contractor will advise employees and applicants for and private employee referral sources likely to yield qualified employment of available training programs and entrance minorities and women. To meet this requirement,the contractor will requirements for each. identify sources of potential minority group employees.and establish with such identified sources procedures whereby minority and d. The contractor will periodically review the training and women applicants may be referred to the contractor for employment promotion potential of employees who are minorities and women consideration. and will encourage eligible employees to apply for such training and promotion. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,the contractor is 7.Unions:If the contractor relies in whole or in part upon unions as expected to observe the provisions of that agreement to the extent a source of employees,the contractor will use good faith efforts to that the system meets the contractor's compliance with EEO obtain the cooperation of such unions to increase opportunities for contract provisions. Where implementation of such an agreement minorities and women. Actions by the contractor,either directly or has the effect of discriminating against minorities or women,or through a contractor's association acting as agent,will include the obligates the contractor to do the same,such implementation procedures set forth below: violates Federal nondiscrimination provisions. a. The contractor will use good faith efforts to develop,in c. The contractor will encourage its present employees to refer cooperation with the unions,joint training programs aimed toward minorities and women as applicants for employment. Information qualifying more minorities and women for membership in the unions and procedures with regard to referring such applicants will be and increasing the skills of minorities and women so that they may discussed with employees. qualify for higher paying employment. 5.Personnel Actions:Wages,working conditions,and employee b. The contractor will use good faith efforts to incorporate an EEO benefits shalt be established and administered.and personnel clause into each union agreement to the end that such union will be actions of every type,including hiring,upgrading,promotion, contractually bound to refer applicants without regard to their race, transfer,demotion,layoff,and termination,shall be taken without color,religion,sex,national origin,age or disability. regard to race.color,religion,sex,national origin,age or disability. The following procedures shall be followed: c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent a. The contractor will conduct periodic inspections of project sites such information is within the exclusive possession of the labor to insure that working conditions and employee facilities do not union and such labor union refuses to fumish such information to the indicate discriminatory treatment of project site personnel. contractor,the contractor shall so certify to the contracting agency ' Page 11 of 24 July 2016 t rr■ Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language and shall set forth what efforts have been made to obtain such information. (3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women; d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the b. The contractors and subcontractors will submit an annual collective bargaining agreement,the contractor will,through report to the contracting agency each July for the duration of the independent recruitment efforts,fill the employment vacancies project,indicating the number of minority,women,and non-minority without regard to race,color.religion,sex,national origin,age or group employees currently engaged in each work classification disability;making full efforts to obtain qualified and/or qualifiable required by the contract work. This information is to be reported on minorities and women. The failure of a union to provide sufficient a _ > -;39;. The staffing data should represent the project referrals(even though it is obligated to provide exclusive referrals work force on board in all or any part of the last payroll period under the terms of a collective bargaining agreement)does not preceding the end of July. If on-the-job training is being required by relieve the contractor from the requirements of this paragraph. In special provision,the contractor will be required to tolled and report the event the union referral practice prevents the contractor from training data. The employment data should reflect the work force on meeting the obligations pursuant to Executive Order 11246,as board during all or any part of the last payroll period preceding the amended,and these special provisions,such contractor shall end of July. immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/Employees Ill.NONSEGREGATED FACILITIES with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act This provision is applicable to all Federal-aid construction contracts and all rules and regulations established there under. Employers and to all related construction subcontracts of$10,000 or more. must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, 9.Selection of Subcontractors,Procurement of Materials and color,religion,sex,or national origin cannot result. The contractor Leasing of Equipment:The contractor shall not discriminate on the may neither require such segregated use by written or oral policies grounds of race,color,religion,sex,national origin,age or disability nor tolerate such use by employee custom. The contractor's in the selection and retention of subcontractors,including obligation extends further to ensure that its employees are not procurement of materials and leases of equipment. The contractor assigned to perform their services at any location,under the shall take all necessary and reasonable steps to ensure contractor's control,where the facilities are segregated. The term nondiscrimination in the administration of this contract. "facilities"includes waiting rooms,work areas,restaurants and other eating areas,time clocks,restrooms,washrooms,locker rooms,and a. The contractor shall notify all potential subcontractors and other storage or dressing areas,parking lots,drinking fountains, suppliers and lessors of their EEO obligations under this contract. recreation or entertainment areas,transportation,and housing provided for employees. The contractor shall provide separate or 1' b. The contractor will use good faith efforts to ensure single-user restrooms and necessary dressing or sleeping areas to subcontractor compliance with their EEO obligations. assure privacy between sexes. PR 10. Assurance Required by 49 CFR 26.13(b): IV. DAVIS-BACON AND RELATED ACT PROVISIONS a. The requirements of 49 CFR Part 26 and the State DOT's U.S. This section is applicable to all Federal-aid construction projects DOT-approved DBE program are incorporated by reference. exceeding$2,000 and to all related subcontracts and lower-tier b. The contractor or subcontractor shall not discriminate on the subcontracts(regardless of subcontract size). The requirements basis of race,color,national origin,or sex in the performance of this apply to all projects located within the right-of-way of a roadway that contract. The contractor shall carry out applicable requirements of is functionally classified as Federal-aid highway. This excludes 49 CFR Part 26 in the award and administration of DOT-assisted roadways functionally classified as local roads or rural minor contracts. Failure by the contractor to carry out these requirements collectors,which are exempt. Contracting agencies may elect to is a material breach of this contract,which may result in the apply these requirements to other projects. termination of this contract or such other remedy as the contracting agency deems appropriate. The following provisions are from the U.S.Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters' 11.Records and Reports:The contractor shall keep such records with minor revisions to conform to the FHWA-1273 format and as necessary to document compliance with the EEO requirements. FHWA program requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work 1. Minimum wages and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less often than once a. The records kept by the contractor shall document the a week,and without subsequent deduction or rebate on any account following: (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR (1)The number and work hours of minority and non-minority part 3)),the full amount of wages and bona fide fringe benefits(or group members and women employed in each work classification cash equivalents thereof)due at time of payment computed at rates on the project; not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, (2)The progress and efforts being made in cooperation with regardless of any contractual relationship which may be alleged to unions.when applicable,to increase employment opportunities for exist between the contractor and such laborers and mechanics. minorities and women;and Page 12 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language Contributions made or costs reasonably anticipated for bona fide (4)The wage rate(including fringe benefits where appropriate) fringe benefits under section 1(b)(2)of the Davis-Bacon Act on determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this behalf of laborers or mechanics are considered wages paid to such section.shall be paid to all workers performing work in the laborers or mechanics.subject to the provisions of paragraph 1.d. of classification under this contract from the first day on which work this section:also. regular contributions made or costs incurred for is performed in the classification. more than a weekly period(but not less often than quarterly)under plans funds or programs which cover the particular weekly period. c.Whenever the minimum wage rate prescribed in the contract for are deemed to be constructively made or incurred during such a class of laborers or mechanics includes a fringe benefit which is weekly period.Such laborers and mechanics shall be paid the not expressed as an hourly rate.the contractor shall either pay the appropriate wage rate and fringe benefits on the wage determination benefit as stated in the wage determination or shall pay another for the classification of work actually performed,without regard to bona fide fringe benefit or an hourly cash equivalent thereof. skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time d. If the contractor does not make payments to a trustee or other actually worked therein:Provided.That the employer's payroll third person.the contractor may consider as part of the wages of records accurately set forth the time spent in each classification in any laborer or mechanic the amount of any costs reasonably which work is performed.The wage determination(including any anticipated in providing bona fide fringe benefits under a plan or additional classification and wage rates conformed under paragraph program. Provided.That the Secretary of Labor has found. upon the 1.b. of this section)and the Davis-Bacon poster(WH-1321)shall be written request of the contractor.that the applicable standards of the posted at all times by the contractor and its subcontractors at the Davis-Bacon Act have been met.The Secretary of Labor may site of the work in a prominent and accessible place where it can be require the contractor to set aside in a separate account assets for easily seen by the workers. the meeting of obligations under the plan or program. b. (1)The contracting officer shall require that any class of 2. Withholding laborers or mechanics,including helpers.which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The The contracting agency shall upon its own action or upon written h contracting officer shall approve an additional classification and request of an authorized representative of the Department Labor wage rate and fringe benefits therefore only when the following withhold or cause to be withheld from the contractor under this criteria have been met: contract.or any other Federal contract with the same prime contractor or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements.which is held by the same (i)The work to be performed by the classification requested is prime contractor.so much of the accrued payments or advances as not performed by a classification in the wage determination:and may be considered necessary to pay laborers and mechanics. including apprentices.trainees.and helpers.employed by the (ii)The classification is utilized in the area by the construction contractor or any subcontractor the full amount of wages required by industry;and the contract. In the event of failure to pay any laborer or mechanic. including any apprentice,trainee,or helper,employed or working on the site of the work.all or part of the wages required by the contract. (iii)The proposed wage rate, including any bona fide fringe the contracting agency may.after written notice to the contractor. benefits. bears a reasonable relationship to the wage rates take such action as may be necessary to cause the suspension of contained in the wage determination. any further payment.advance.or guarantee of funds until such violations have ceased. (2) If the contractor and the laborers and mechanics to be employed in the classification(if known).or their representatives. 3. Payrolls and basic records and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where a. Payrolls and basic records relating thereto shall be maintained appropriate).a report of the action taken shall be sent by the by the contractor during the course of the work and preserved for a contracting officer to the Administrator of the Wage and Hour period of three years thereafter for all laborers and mechanics Division, Employment Standards Administration, U.S.Department working at the site of the work.Such records shall contain the name. of Labor.Washington. DC 20210.The Administrator.or an address.and social security number of each such worker.his or her authorized representative.will approve,modify.or disapprove correct classification,hourly rates of wages paid(including rates of every additional classification action within 30 days of receipt and contributions or costs anticipated for bona fide fringe benefits or so advise the contracting officer or will notify the contracting officer cash equivalents thereof of the types described in section 1(b)(2)(B) within the 30-day period that additional time Is necessary. of the Davis-Bacon Act),daily and weekly number of hours worked. deductions made and actual wages paid.Whenever the Secretary of (3) In the event the contractor.the laborers or mechanics to be Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any employed in the classification or their representatives and the laborer or mechanic include the amount of any costs reasonably contracting officer do not agree on the proposed classification and anticipated in providing benefits under a plan or program described wage rate(including the amount designated for fringe benefits, in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall where appropriate).the contracting officer shall refer the maintain records which show that the commitment to provide such questions.including the views of all interested parties and the benefits is enforceable,that the plan or program is financially recommendation of the contracting officer.to the Wage and Hour responsible.and that the plan or program has been communicated Administrator for determination.The Wage and Hour in writing to the laborers or mechanics affected.and records which Administrator,or an authorized representative.will issue a show the costs anticipated or the actual cost incurred in providing determination within 30 days of receipt and so advise the such benefits.Contractors employing apprentices or trainees under contracting officer or will notify the contracting officer within the 30- approved programs shall maintain written evidence of the day period that additional time is necessary. registration of apprenticeship programs and certification of trainee programs.the registration of the apprentices and trainees and the ratios and wage rates prescribed in the applicable programs. Page 13 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language b. (1)The contractor shall submit weekly for each week in which contracting agency or the State DOT,take such action as may be any contract work is performed a copy of all payrolls to the necessary to cause the suspension of any further payment, contracting agency. The payrolls submitted shall set out accurately advance,or guarantee of funds.Furthermore,failure to submit the and completely all of the information required to be maintained required records upon request or to make such records available under 29 CFR 5.5(a)(3)(i),except that full social security numbers may be grounds for debarment action pursuant to 29 CFR 5.12. 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 submitted in any form desired.Optional Form 4. Apprentices and trainees WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whdtforms/Wh347instr.htm or its successor a.Apprentices(programs of the USDOL). site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.Contractors and Apprentices will be permitted to work at less than the predetermined subcontractors shall maintain the full social security number and rate for the work they performed when they are employed pursuant ' current address of each covered worker,and shall provide them to and individually registered in a bona fide apprenticeship program upon request to the contracting agency for transmission to the State registered with the U.S.Department of Labor. Employment and DOT,the FHWA or the Wage and Hour Division of the Department Training Administration,Office of Apprenticeship Training.Employer of Labor for purposes of an investigation or audit of compliance with and Labor Services,or with a State Apprenticeship Agency ' prevailing wage requirements.It is not a violation of this section for a recognized by the Office,or if a person is employed in his or her first prime contractor to require a subcontractor to provide addresses 90 days of probationary employment as an apprentice in such an and social security numbers to the prime contractor for its own apprenticeship program,who is not individually registered in the records,without weekly submission to the contracting agency.. program,but who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State Apprenticeship ' (2)Each payroll submitted shall be accompanied by a"Statement of Agency(where appropriate)to be eligible for probationary Compliance."signed by the contractor or subcontractor or his or her employment as an apprentice. agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: The allowable ratio of apprentices to journeymen on the job site in ' any craft classification shall not be greater than the ratio permitted to (i)That the payroll for the payroll period contains the the contractor as to the entire work force under the registered information required to be provided under§5.5(a)(3)(ii)of program.Any worker listed on a payroll at an apprentice wage rate. Regulations,29 CFR part 5,the appropriate information is being who is not registered or otherwise employed as stated above,shall maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5, be paid not less than the applicable wage rate on the wage ' and that such information is correct and complete; determination for the classification of work actually performed.In addition.any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not (ii)That each laborer or mechanic(including each helper. less than the applicable wage rate on the wage determination for the ' apprentice.and trainee)employed on the contract during the work actually performed.Where a contractor is performing payroll period has been paid the full weekly wages earned, construction on a project in a locality other than that in which its without rebate,either directly or indirectly.and that no program is registered,the ratios and wage rates(expressed in deductions have been made either directly or indirectly from the percentages of the journeyman's hourly rate)specified in the full wages earned,other than permissible deductions as set forth contractor's or subcontractor's registered program shall be ' in Regulations.29 CFR part 3: observed. (iii)That each laborer or mechanic has been paid not less Every apprentice must be paid at not less than the rate specified in than the applicable wage rates and fringe benefits or cash the registered program for the apprentice's level of progress, ' equivalents for the classification of work performed,as specified expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination incorporated into the in the applicable wage determination.Apprentices shall be paid contract. fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not (3)The weekly submission of a properly executed certification specify fringe benefits,apprentices must be paid the full amount of ' set forth on the reverse side of Optional Form WH-347 shall fringe benefits listed on the wage determination for the applicable satisfy the requirement for submission of the"Statement of classification. If the Administrator determines that a different practice Compliance"required by paragraph 3.b.(2)of this section. prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. (4)The falsification of any of the above certifications may In the event the Office of Apprenticeship Training,Employer and subject the contractor or subcontractor to civil or criminal Labor Services.,or a State Apprenticeship Agency recognized by the prosecution under section 1001 of title 18 and section 231 of title Office,withdraws approval of an apprenticeship program.the 31 of the United States Code. contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until c.The contractor or subcontractor shall make the records required an acceptable program is approved. under paragraph 3.a.of this section available for inspection, copying,or transcription by authorized representatives of the b.Trainees(programs of the USDOL)_ contracting agency,the State DOT,the FHWA, or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the contractor or Except as provided in 29 CFR 5.16.trainees will not be permitted to subcontractor fails to submit the required records or to make them work at less than the predetermined rate for the work performed available,the FHWA may.after written notice to the contractor.the unless they are employed pursuant to and individually registered in ' Page 14 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language a program which has received prior approval,evidenced by formal 8.Compliance with Davis-Bacon and Related Act requirements. certification by the U.S.Department of Labor,Employment and All rulings and interpretations of the Davis-Bacon and Related Acts Training Administration. contained in 29 CFR parts 1 3,and 5 are herein incorporated by reference in this contract. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment 9.Disputes concerning labor standards.Disputes arising out of and Training Administration. the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.Such disputes shall be Every trainee must be paid at not less than the rate specified in the resolved in accordance with the procedures of the Department of approved program for the trainee's level of progress..expressed as a Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes between the contractor(or percentage i the journeyman hourly rate specified in the applicable any of its subcontractors)and the contracting agency.the U.S. wage determination.Trainees shall be paid fringe am.If t e Department of Labor,or the employees or their representatives. accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination 10.Certification of eligibility. unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the a.By entering into this contract the contractor certifies that neither it corresponding journeyman wage rate on the wage determination nor he t she nor an which provides for less than full fringe benefits for apprentices.Any ( ) y person or firm who has an interest in the employee listed on the payroll at a trainee rate who is not registered contractor's firm is a person or firm ineligible to be awarded and participating in a training plan approved by the Employment and Government contracts by virtue of section 3(a)of the Davis-Bacon Training Administration shall be paid not less than the applicable Act or 29 CFR 5.12(a)(1). wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the b. No part of this contract shall be subcontracted to any person or job site in excess of the ratio permitted under the registered program firm ineligible for award of a Government contract by virtue of shall be paid not less than the applicable wage rate on the wage section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). determination for the work actually performed. c.The penalty for making false statements is prescribed in the U.S. In the event the Employment and Training Administration withdraws Criminal Code, 18 U.S.C.1001. approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT c.Equal employment opportunity.The utilization of apprentices. The following clauses apply to any Federal-aid construction contract trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order p vi amount h excess of Work 00 and subject y the overtime 11246,as amended,and 29 CFR part 30. provisions of the Contract Work Hours and Safety 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 d. Apprentices and Trainees(programs of the U.S.DOT). terms laborers and mechanics include watchmen and guards. Apprentices and trainees working under apprenticeship and skill 1.Overtime requirements. No contractor or subcontractor training programs which have been certified by the Secretary of contracting for any part of the contract work which may require or Transportation as promoting EEO in connection with Federal-aid involve the employment of laborers or mechanics shall require or highway construction programs are not subject to the requirements permit any such laborer or mechanic in any workweek in which he or of paragraph 4 of this Section IV.The straight time hourly wage she is employed on such work to work in excess of forty hours in rates for apprentices and trainees under such programs will be such workweek unless such laborer or mechanic receives established by the particular programs.The ratio of apprentices and compensation at a rate not less than one and one-half times the trainees to journeymen shall not be greater than permitted by the basic rate of pay for all hours worked in excess of forty hours in such terms of the particular program. workweek. 5.Compliance with Copeland Act requirements. The contractor 2.Violation;liability for unpaid wages;liquidated damages. In shall comply with the requirements of 29 CFR part 3,which are the event of any violation of the clause set forth in paragraph(1.)of incorporated by reference in this contract. this section,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.In addition,such 6.Subcontracts. The contractor or subcontractor shall insert Form contractor and subcontractor shall be liable to the United States(in FHWA-1273 in any subcontracts and also require the subcontractors the case of work done under contract for the District of Columbia or to include Forth FHWA-1273 in any lower tier subcontracts.The a territory,to such District or to such territory),for liquidated prime contractor shall be responsible for the compliance by any damages.Such liquidated damages shall be computed with respect subcontractor or lower tier subcontractor with all the contract to each individual laborer or mechanic,including watchmen and clauses in 29 CFR 5.5. guards,employed in violation of the clause set forth in paragraph (1.)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the 7.Contract termination:debarment A breach of the contract standard workweek of forty hours without payment of the overtime clauses in 29 CFR 5.5 may be grounds for termination of the wages required by the clause set forth in paragraph(1.)of this contract,and for debarment as a contractor and a subcontractor as section. provided in 29 CFR 5.12. Page 15 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language 3.Withholding for unpaid wages and liquidated damages.The 3.The contractor shall furnish(a)a competent superintendent or FHWA or the contacting agency shall upon its own action or upon supervisor who is employed by the fine,has full authority to direct written request of an authorized representative of the Department of performance of the work in accordance with the contract Labor withhold or cause to be withheld,from any moneys payable requirements,and is in charge of all construction operations on account of work performed by the contractor or subcontractor (regardless of who performs the work)and(b)such other of its own under any such contract or any other Federal contract with the same organizational resources(supervision,management,and prime contractor,or any other federally-assisted contract subject to engineering services)as the contracting officer determines is the Contract Work Hours and Safety Standards Act,which is held by necessary to assure the performance of the contract. the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or 4.No portion of the contract shall be sublet,assigned or otherwise subcontractor for unpaid wages and liquidated damages as provided disposed of except with the written consent of the contracting officer, in the clause set forth in paragraph(2.)of this section. or authorized representative.and such consent when given shall not be construed to relieve the contractor of any responsibility for the 4.Subcontracts. The contractor or subcontractor shall insert in any fulfillment of the contract. Written consent will be given only after subcontracts the clauses set forth in paragraph(1.)through(4.)of the contracting agency has assured that each subcontract is this section and also a clause requiring the subcontractors to include evidenced in writing and that it contains all pertinent provisions and these clauses in any lower tier subcontracts.The prime contractor requirements of the prime contract. shall be responsible for compliance by any subcontractor or lower 5.The 30%self-performance requirement of paragraph(1)is not tier subcontractor with the clauses set forth in paragraphs(1.) applicable to design-build contracts;however.contracting agencies through(4.)of this section. may establish their own self-performance requirements. VI.SUBLETTING OR ASSIGNING THE CONTRACT Vil.SAFETY:ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts This provision is applicable to all Federal-aid construction contracts on the National Highway System. and to all related subcontracts. 1.The contractor shall perform with its own organization contract 1. In the performance of this contract the contractor shall comply work amounting to not less than 30 percent(or a greater percentage with all applicable Federal,State,and local laws governing safety, if specified elsewhere in the contract)of the total original contract health,and sanitation(23 CFR 635).The contractor shall provide all price,excluding any specialty items designated by the contracting safeguards,safety devices and protective equipment and take any agency. Specialty items may be performed by subcontract and the other needed actions as it determines,or as the contracting officer amount of any such specialty items performed may be deducted may determine,to be reasonably necessary to protect the life and from the total original contract price before computing the amount of health of employees on the job and the safety of the public and to work required to be performed by the contractor's own organization protect property in connection with the performance of the work (23 CFR 635.116). covered by the contract. a. The term 'perform work with its own organization'refers to 2. It is a condition of this contract,and shall be made a condition of workers employed or leased by the prime contractor,and equipment each subcontract,which the contractor enters into pursuant to this owned or rented by the prime contractor.with or without operators. contract,that the contractor and any subcontractor shall not permit Such term does not include employees or equipment of a any employee,in performance of the contract,to work in subcontractor or lower tier subcontractor,agents of the prime surroundings or under conditions which are unsanitary,hazardous contractor,or any other assignees. The term may include payments or dangerous to his/her health or safety,as determined under for the costs of hiring leased employees from an employee leasing construction safety and'health standards(29 CFR 1926) firm meeting all relevant Federal and State regulatory requirements. promulgated by the Secretary of Labor,in accordance with Section Leased employees may only be included in this term if the prime 107 of the Contract Work Hours and Safety Standards Act(40 contractor meets all of the following conditions: U.S.G. 3704). (1)the prime contractor maintains control over 3.Pursuant to 29 CFR 1926.3.it is a condition of this contract that the supervision of the day-to-day activities of the leased employees; the Secretary of Labor or authorized representative thereof..shall (2)the prime contractor remains responsible for the quality of have right of entry to any site of contract performance to inspect or the work of the leased employees; investigate the matter of compliance with the construction safety and (3)the prime contractor retains all power to accept or exclude health standards and to carry out the duties of the Secretary under individual employees from work on the project;and Section 107 of the Contract Work Hours and Safety Standards Act (4)the prime contractor remains ultimately responsible for the (40 U.S.C.3704). payment of predetermined minimum wages,the submission of payrolls,statements of compliance and all other Federal regulatory requirements. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS b."Specialty Items"shall be construed to be limited to work that This provision is applicable to all Federal-aid construction contracts requires highly specialized knowledge,abilities,or equipment not and to all related subcontracts. ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in In order to assure high quality and durable construction in general are to be limited to minor components of the overall conformity with approved plans and specifications and a high degree contract. of reliability on statements and representations made by engineers, contractors,suppliers,and workers on Federal-aid highway projects, 2.The contract amount upon which the requirements set forth in it is essential that all persons concerned with the project perform paragraph(1)of Section A is computed includes the cost of material their functions as carefully.thoroughly,and honestly as possible. and manufactured products which are to be purchased or produced Willful falsification.distortion,or misrepresentation with respect to by the contractor under the contract provisions. any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these Page 16 of 24 July 2016 Local Assistance Procedure:Manual Exhibit 12-G Required Federal-Aid Contract Language and similar acts.Form FHWA-1022 shall be posted on each Federal-aid highway project(23 CFR 635)in one or more places b.The inability of a person to provide the certification set out where it is readily available to all persons concerned with the below will not necessarily result in denial of participation in this project: covered transaction.The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in 18 U.S.C. 1020 reads as follows: connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective first "Whoever,being an officer,agent,or employee of the United tier participant to furnish a certification or an explanation shall States,or of any State or Territory,or whoever,whether a person, disqualify such a person from participation in this transaction. association,firm,or corporation,knowingly makes any false statement,false representation,or false report as to the character, c.The certification in this clause is a material representation of quality,quantity,or cost of the material used or to be used,or the fact upon which reliance was placed when the contracting agency quantity or quality of the work performed or to be performed,or the determined to enter into this transaction.If it is later determined that cost thereof in connection with the submission of plans,maps, the prospective participant knowingly rendered an erroneous specifications,contracts,or costs of construction on any highway or certification,in addition to other remedies available to the Federal related project submitted for approval to the Secretary of Government,the contracting agency may terminate this transaction Transportation;or for cause of default. Whoever knowingly makes any false statement,false d.The prospective first tier participant shall provide immediate representation,false report or false claim with respect to the written notice to the contracting agency to whom this proposal is character,quality,quantity,or cost of any work performed or to be submitted if any time the prospective first tier participant learns that performed,or materials furnished or to be furnished,in connection its certification was erroneous when submitted or has become with the construction of any highway or related project approved by erroneous by reason of changed circumstances. the Secretary of Transportation;or e.The terns"covered transaction.""debarred.""suspended," Whoever knowingly makes any false statement or false "ineligible,""participant,""person." "principal,"and"voluntarily representation as to material fact in any statement,certificate,or excluded,"as used in this clause.are defined in 2 CFR Parts 180 report submitted pursuant to provisions of the Federal-aid Roads Act and 1200. 'First Tier Covered Transactions'refers to any covered approved July 1, 19167(39 Stat.355),as amended and transaction between a grantee or subgrantee of Federal funds and a supplemented; participant(such as the prime or general contract). -Lower Tier Covered Transactions'refers to any covered transaction under a Shall be fined under this title or imprisoned not more than 5 years First Tier Covered Transaction(such as subcontracts). -First Tier or both." Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). 'Lower Tier Participant"refers any IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL participant who has entered into a covered transaction with a First WATER POLLUTION CONTROL ACT Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. f.The prospective first tier participant agrees by submitting this proposal that.should the proposed covered transaction be entered By submission of this bid/proposal or the execution of this contract, into,it shall not knowingly enter into any lower tier covered or subcontract,as appropriate,the bidder,proposer.Federal-aid transaction with a person who is debarred.suspended,declared construction contractor,or subcontractor.as appropriate,will be ineligible,or voluntarily excluded from participation in this covered deemed to have stipulated as follows: transaction,unless authorized by the department or agency entering into this transaction. 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a g.The prospective first tier participant further agrees by violation of Section 508 of the Clean Water Act or Section 306 of the submitting this proposal that it will include the clause titled Clean Air Act. "Certification Regarding Debarment,Suspension,Ineligibility and 2.That the contractor agrees to include or cause to be included the Voluntary Exclusion-Lower Tier Covered Transactions,"provided by requirements of paragraph(1)of this Section X in every subcontract. the department or contracting agency.entering into this covered and further agrees to take such action as the contracting agency transaction.without modification.in all lower tier covered may direct as a means of enforcing such requirements. transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, h.A participant in a covered transaction may rely upon a ' INELIGIBILITY AND VOLUNTARY EXCLUSION certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily This provision is applicable to all Federal-aid construction contracts. excluded from the covered transaction,unless it knows that the design-build contracts,subcontracts,lower-tier subcontracts. certification is erroneous. A participant is responsible for ensuring purchase orders,lease agreements,consultant contracts or any that its principals are not suspended,debarred,or otherwise ' other covered transaction requiring FHWA approval or that is ineligible to participate in covered transactions. To verify the estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 eligibility of its principals.as well as the eligibility of any lower tier and 1200. prospective participants,each participant may.but is not required to, check the Excluded Parties List System website ( x ),which is compiled by the General Services 1.Instructions for Certification—First Tier Participants: Administration. a.By signing and submitting this proposal,the prospective first i. Nothing contained in the foregoing shall be construed to require tier participant is providing the certification set out below. the establishment of a system of records in order to render in good Page 17 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal-Aid Contract Language faith the certification required by this clause.The knowledge and excluded,"as used in this clause,are defined in 2 CFR Parts 180 information of the prospective participant is not required to exceed and 1200. You may contact the person to which this proposal is that which is normally possessed by a prudent person in the submitted for assistance in obtaining a copy of those regulations. ordinary course of business dealings. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant j.Except for transactions authorized under paragraph(f)of these (such as the prime or general contract). 'Lower Tier Covered instructions,if a participant in a covered transaction knowingly Transactions"refers to any covered transaction under a First Tier enters into a lower tier covered transaction with a person who is Covered Transaction(such as subcontracts). "First Tier Participant" suspended,debarred,ineligible,or voluntarily excluded from refers to the participant who has entered into a covered transaction participation in this transaction,in addition to other remedies with a grantee or subgrantee of Federal funds(such as the prime or available to the Federal Government,the department or agency may general contractor). 'Lower Tier Participant"refers any participant terminate this transaction for cause or default. who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors ..... and suppliers). 2. Certification Regarding Debarment,Suspension,Ineligibility e.The prospective lower tier participant agrees by submitting this and Voluntary Exclusion—First Tier Participants: proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered a. The prospective first tier participant certifies to the best of its transaction with a person who is debarred,suspended,declared knowledge and belief,that it and its principals: ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with (1) Are not presently debarred,suspended,proposed for which this transaction originated. debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or f.The prospective lower tier participant further agrees by agency; submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and (2) Have not within a three-year period preceding this proposal Voluntary Exclusion-Lower Tier Covered Transaction,"without been convicted of or had a civil judgment rendered against them for modification,in all lower tier covered transactions and in all commission of fraud or a criminal offense in connection with solicitations for lower tier covered transactions exceeding the obtaining,attempting to obtain,or performing a public(Federal, $25,000 threshold. State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of g.A participant in a covered transaction may rely upon a embezzlement,theft,forgery,bribery,falsification or destruction of certification of a prospective participant in a lower tier covered records.making false statements,or receiving stolen property: transaction that is not debarred.suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the (3) Are not presently indicted for or otherwise criminally or civilly certification is erroneous.A participant is responsible for ensuring charged by a governmental entity(Federal,State or local)with that its principals are not suspended,debarred,or otherwise commission of any of the offenses enumerated in paragraph(a)(2) ineligible to participate in covered transactions. To verify the of this certification;and eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to, (4) Have not within a three-year period preceding this check the Excluded Parties List System website application/proposal had one or more public transactions(Federal, ( =s _T_),which is compiled by the General Services State or local)terminated for cause or default. Administration. b. Where the prospective participant is unable to certify to any of h.Nothing contained in the foregoing shall be construed to require the statements in this certification,such prospective participant shall establishment of a system of records in order to render in good faith attach an explanation to this proposal. the certification required by this clause.The knowledge and information of participant is not required to exceed that which is 2.Instructions for Certification-Lower Tier Participants: normally possessed by a prudent person in the ordinary course of business dealings. (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost i.Except for transactions authorized under paragraph a of these $25,000 or more-2 CFR Parts 180 and 1200) instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is a.By signing and submitting this proposal,the prospective lower suspended,debarred,ineligible,or voluntarily excluded from tier is providing the certification set out below. participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with b.The certification in this clause is a material representation of which this transaction originated may pursue available remedies, fact upon which reliance was placed when this transaction was including suspension and/or debarment. entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may Certification Regarding Debarment,Suspension,Ineligibility pursue available remedies,including suspension and/or debarment. and Voluntary Exclusion--Lower Tier Participants: c.The prospective lower tier participant shall provide immediate 1.The prospective lower tier participant certifies,by submission of written notice to the person to which this proposal is submitted if at this proposal,that neither it nor its principals is presently debarred. any time the prospective lower tier participant learns that its suspended,proposed for debarment,declared ineligible,or certification was erroneous by reason of changed circumstances. voluntarily excluded from participating in covered transactions by any Federal department or agency. d.The terms"covered transaction,""debarred,""suspended," "ineligible,""participant,""person,""principal,"and"voluntarily Page 18 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal.aid Contract Language 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. Page 19 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 12. FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of"Required Contract Provisions Federal-Aid Construction Contracts," the following are 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(103!1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal (Percent) Redding CA: 174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: 6.8 CA Lassen;CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 175 Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity 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 176 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 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 177 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 Stockton-Modesto,CA: SMSA Counties: 5170 Modesto,CA 12.3 178 CA Stanislaus 8120 Stockton,CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Al vine; CA Amador; CA Calaveras; CA Mariposa;CA Merced; CA Tuolumne Page 20 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Fresno-Bakersfield,CA SMSA Counties: 0680 Bakersfield,CA 19.1 179 CA Kern 2840 Fresno,CA 26.1 CA Fresno Non-SMSA Counties: 23.6 CA Kings; CA Madera;CA Tulare 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 180 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 In o;CA Mono;CA San Luis Obispo San Diego, CA: SMSA Counties 181 7320 San Diego, CA 16.9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For the last full week July during which work is performed under the contract,you and each non material- supplier subcontractor with a subcontract of 510,000 or more must complete Form F14WA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. FEDERAL TRAINEE PROGRAM For the Federal training program,the number of trainees or apprentices is 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 Ist y ear 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. Page 21 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G _ Required Federal-Aid Contract Language Before starting work, submit to the City"County of 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/County's of approval for this submitted information before you start work. The City/County of 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/County of and FHWA approves a program if one of the following is met: 1. It is calculated to: • Meet the your equal employment opportunity responsibilities ' • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor,Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid ' highway construction contracts Obtain the State's approval for your training program before you start work involving the classification ' covered by the program. 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/County of 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: ' Contribute to the cost of the training ■ Provide the instruction to the apprentice or trainee ■ Pay the apprentice's or trainee's wages during the off-site training period ' Page 22 of 24 July 2016 e Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language . If 3 you comply 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 ' 14. TITLE VI ASSURANCES During the performance of this Agreement,the contractor,for itself,its assignees and successors in ' interest(hereinafter collectively referred to as CONTRACTOR)agrees as follows: (1) Compliance with Regulations:CONTRACTOR shall comply with the regulations relative to ' nondiscrimination in federally assisted programs of the Department of Transportation,Title 49,Code of Federal Regulations, Part 21, as they may be amended from time to time,(hereinafter referred to as the REGULATIONS),which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination:CONTRACTOR,with regard to the work performed by it during the ' AGREEMENT,shall not discriminate on the grounds of race,color,sex,national origin,religion, age, or disability in the selection and retention of sub-applicants,including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the ' discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements Including•Procurements of Materials and Equipment: In all ' solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment,each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations,or directives issued pursuant thereto,and shall permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by the California M,r Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive ' possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate,and shall set forth what efforts CONTRACTOR has made to obtain the information. ' (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement,the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate,including,but not limited to: ' (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time,not to exceed 90 days;and/or (b) cancellation,termination or suspension of the Agreement,in whole or in part. ' Page 23 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G ' Required Federal-Aid Contract Language (6) Incorporation of Provisions:CONTRACTOR shall include the provisions of paragraphs(1)through ' (6)in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the ' California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance,provided,however,that, in the event CONTRACTOR becomes involved in,or is threatened with,litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to ' protect the interests of the State,and,in addition,CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. ' 15. USE OF UNITED STATES-FLAG VESSELS ' The CONTRACTOR agrees- 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage(computed separately for dry bulk carries,dry cargo liners,and tankers)involved, whenever shipping any equipment,material,or commodities pursuant to this contract,to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated"on-board"commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph(1)of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading)and to the Division of ' National Cargo,Office of Market Development, Maritime Administration,Washington,DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. ' MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION ' Page 24 of 24 ,July 2016 APPENDIX FEDERAL MINIMUM WAGES General Decision Number:CA160037 07/08/2016 CA37 Superseded General Decision Number:CA20150037 State:California Construction Types:Building,Heavy(Heavy and Dredging)and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS;DREDGING PROJECTS(does not include hopper dredge work);HEAVY CONSTRUCTION PROJECTS(does not include water well drilling);HIGHWAY CONSTRUCTION PROJECTS Note:Under Executive Order(EO) 13658,an hourly minimum wage of$10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1,2015.If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least $10.15(or the applicable wage rate listed on this wage determination,if it is higher)for all hours spent performing on the contract in calendar year 2016.The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 01/15/2016 ' 2 02/26/2016 3 03/04/2016 ' 4 04/01/2016 ' 5 05/20/2016 6 07/08/2016 rr i tASBE0005-002 07/01/2015 ' Rates Fringes ' Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings,and finishes to all ' types of mechanical systems).....$36.74 19.49 Fire Stop Technician (Application of Firestopping r Materials for wall openings ' and penetrations in walls, floors,ceilings and curtain walls)...........................$25.38 16.81 - -------------------------------------------------------------- ASBE0005-004 06/29/2015 ' Rates Fringes ' Asbestos Removal ' worker/hazardous material handler(Includes preparation,wetting, a stripping,removal, ' scrapping,vacuuming,bagging and disposing of all ' insulation materials from mechanical systems,whether ' they contain asbestos or not)....$ 18.06 10.57 ---------------------------------------------------------------- ' BOIL0092-003 10/01/2012 Rates Fringes BOILERMAKER......................$41.17 28.27 t ---------------------------------------------------------------- *BRCA0004-011 05/01/2016 ■ Rates Fringes BRICKLAYER;MARBLE SETTER........$38.38 14.17 t *The wage scale for prevailing wage projects performed in Blythe,China lake,Death Valley,Fort Irwin,Twenty-Nine I Palms,Needles and 1-15 corridor(Barstow to the Nevada +� State Line)will be Three Dollars($3.00)above the I standard San Bernardino/Riverside County hourly wage rate I ---------------------------------------------------------------- BRCA0018-004 06/01/2014 Rates Fringes I i MARBLE FINISHER.—...*,,*,**,,*,1 28.45 11.38 ' TILE FINISHER....................$23.78 9.84 TILE LAYER.......................$35.14 14.33 ---------------------------------------------------------------- BRCA0018-010 09/01/2013 ' Rates Fringes TERRAZZO FINISHER................$26.59 10.34 TERRAZZO WORKER/SETTER...........$33.63 11.13 ---------------------------------------------------------------- CARP 0409-001 07/01/2015 Rates Fringes CARPENTER ' (1)Carpenter,Cabinet Installer,Insulation r� Installer,Hardwood Floor r.. Worker and acoustical installer...................$39.83 11.58 (2)Millwright..............$40.90 11.58 (3)Piledrivermen/Demck Bargeman,Bridge or Dock Carpenter,Heavy Framer, Rock Bargeman or Scowman, Rockslinger,Shingler ' (Commercial)................$40.53 11.58 (4)Pneumatic Nailer, Power Stapler...............$37.60 11.58 (5) Sawfiler...............$37.44 11.58 (6) Scaffold Builder.......$28.55 11.58 (7) Table Power Saw Operator....................$37.45 11.58 FOOTNOTE:Work of forming in the construction of open cut .. sewers or storm drains,on operations in which horizontal i lagging is used in conjunction with steel H-Beams driven or ' placed in pre-drilled holes,for that portion of a lagged trench against which concrete is poured,namely,as a esubstitute for back forms(which work is performed by piledrivers):$0.13 per hour additional. ---------------------------------------------------------------- CARP0409-002 07/01/2008 Rates Fringes 1 � Diver (1)Wet.....................$663.68 9.82 (2)Standby.................$331.84 9.82 (3)Tender..................$323.84 9.82 (4)Assistant Tender........$299.84 9.82 I Amounts in"Rates'column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2015 Rates Fringes Drywall ' DRYWALL INSTALLER/LATHER....$40.40 15.03 STOCKER/SCRAPPER............$ 10.00 7.17 ------------------------------------------------------------- ' CARP0409-008 08/01/2010 ' Rates Fringes ' Modular Furniture Installer......$ 17.00 7.41 ---------------------------------------------------------------- ' ELEC0440-004 05/26/2014 ' COMMUNICATIONS AND SYSTEMS WORK ' Rates Fringes ' Communications System Installer...................$28.38 40/6+11.45 Technician..................$30.18 4%+11.45 SCOPE OF WORK: Installation,testing,service and maintenance of systems utilizing the transmission and/or transference of voice, ' sound,vision and digital for commercial,educational, security and entertainment purposes for the following:TV ' monitoring and surveillance,background-foreground music, intercom and telephone interconnect,inventory control ' systems,microwave transmission,multi-media,multiplex, nurse call systems,radio page,school intercom and sound, ' burglar alarms,fire alarms,and low voltage master clock ' systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems ' that are intrinsic to the above listed systems;inclusion or exclusion of terminations and testings of conductors determined by their function;excluding all other data systems or multiple systems which include control function ' or power supply;excluding installation of raceway systems, conduit systems,line voltage work,and energy management ' systems. Does not cover work performed at China Lake Naval Ordnance Test Station. ---------------------------------------------------------------- ' *ELEC0477-002 05/30/2016 ' Rates Fringes ' Electricians:....................$36.29 23.48 CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 10%above Electrician rate. I ZONE PAY: Zone A-80 road miles from Post Office,455 Orange Show ' Lane,San Bernardino,will be a free zone for all contractors Zone B-Any work performed outside Zone A's 80 road miles, shall add$12.00 per hour to the current wage scale. ---------------------------------------------------------------- ELEC 1245-001 06/01/2015 Rates Fringes LINE CONSTRUCTION (1)Lineman;Cable splicer..$52.85 15.53 PR (2)Equipment specialist (operates crawler tractors,commercial motor vehicles,backhoes, trenchers,cranes(50 tons and below),overhead& underground distribution line equipment)...........$42.21 14.32 (3)Groundman...............$32.28 14.03 (4)Powderman...............$47.19 14.60 HOLIDAYS:New Year's Day,M.L.King Day,Memorial Day, Independence Day,Labor Day,Veterans Day,Thanksgiving Day and day after Thanksgiving,Christmas Day f ---------------------------------------------------------------- ELE V0018-001 01/01/2015 Rates Fringes ELEVATOR MECHANIC................$49.90 28.38 FOOTNOTE: PAID VACATION: Employer contributes 8%of regular hourly rate as vacation pay credit for employees with more than 5 years of service,and 6%for 6 months to 5 years of service. i PAID HOLIDAYS:New Years Day,Memorial Day,Independence Day, ' Labor Day,Veterans Day,Thanksgiving Day,Friday after Thanksgiving,and Christmas Day. ---------------------------------------------------------------- ' ENGI0012-003 07/06/2015 ' Rates Fringes ' OPERATOR: Power Equipment ' (All Other Work) GROUP 1....................$39.95 23.35 GROUP 2....................$40.73 23.35 GROUP 3....................$41.02 23.35 GROUP 4....................$42.51 23.35 trr i GROUP 5....................$41.86 23.35 GROUP 6....................$41.83 23.35 P GROUP 8....................$42.84 23.35 GROUP 9....................$42.19 23.35 GROUP 10....................$42.96 23.35 ' GROUP 11....................$42.31 23.35 GROUP 12....................$43.13 23.35 ' GROUP 13....................$43.23 23.35 GROUP 14....................$43.26 23.35 GROUP 15....................$43.34 23.35 ' GROUP 16....................$43.46 23.35 GROUP 17....................$43.63 23.35 ' GROUP 18....................$43.73 23.35 GROUP 19....................$43.84 23.35 GROUP 20....................$43.96 23.35 GROUP 21....................$44.13 23.35 GROUP 22....................$44.23 23.35 GROUP 23....................$44.34 23.35 GROUP 24....................$44.46 23.35 GROUP 25....................$44.63 23.35 ' OPERATOR: Power Equipment ' (Cranes,Piledriving& Hoisting) ' GROUP 1....................$41.30 23.35 GROUP 2....................$42.08 23.35 ' GROUP 3....................$42.37 23.35 GROUP 4....................$42.51 23.35 GROUP 5....................$42.73 23.35 GROUP 6....................$42.84 23.35 ' GROUP 7....................$42.96 23.35 GROUP 8....................$43.13 23.35 GROUP 9....................$43.30 23.35 GROUP 10....................$44.30 23.35 GROUP 11....................$45.30 23.35 GROUP 12....................$46.30 23.35 GROUP 13....................$47.30 23.35 OPERATOR: Power Equipment (Tunnel Work) ' GROUP 1....................$41.80 23.35 GROUP 2....................$42.58 23.35 ' GROUP 3....................$42.87 23.35 GROUP 4....................$43.01 23.35 GROUP 5....................$43.23 23.35 GROUP 6....................$43.34 23.35 GROUP 7....................$43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases:China Lake Naval Reserve,Vandenberg AFB,Point Arguello,Seely Naval Base, Fort Irwin,Nebo Annex Marine Base,Marine Corp Logistics Base Yermo,Edwards AFB,29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment:$2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. EJ SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1:Bargeman;Brakeman;Compressor operator;Ditch Witch,with seat or similar type equipment;Elevator operator-inside;Engineer Oiler;Forklift operator (includes loed,lull or similar types under 5 tons; Generator operator;Generator,pump or compressor plant PR operator;Pump operator;Signalman;Switchman GROUP 2:Asphalt-rubber plant operator(nurse tank operator); Concrete mixer operator-skip type;Conveyor operator; Fireman;Forklift operator(includes loed,lull or similar types over 5 tons;Hydrostatic pump operator;oiler crusher ' (asphalt or concrete plant);Petromat laydown machine;PJU side dum jack; Screening and conveyor machine operator(or ' similar types); Skiploader(wheel type up to 3/4 yd. without attachment);Tar pot fireman;Temporary heating plant operator;Trenching machine oiler ' GROUP 3:Asphalt-rubber blend operator;Bobcat or similar ' type(Skid steer);Equipment greaser(rack);Ford Ferguson (with dragtype attachments);Helicopter radioman(ground); Stationary pipe wrapping and cleaning machine operator ' GROUP 4:Asphalt plant fireman;Backhoe operator(mini-max or ' similar tYP e ,Boring machine operator;Boxman or mixerman ' (asphalt or concrete);Chip spreading machine operator; Concrete cleaning decontamination machine operator; ' Concrete Pump Operator(small portable);Drilling machine operator,small auger types(Texoma super economatic or similar types-Hughes 100 or 200 or similar types- drilling depth of 30'maximum);Equipment greaser(grease ' truck);Guard rail post driver operator;Highline cableway ' signalman;Hydra-hammer-aero stomper;Micro Tunneling (above ground tunnel);Power concrete curing machine ' operator;Power concrete saw operator;Power-driven jumbo form setter operator;Power sweeper operator;Rock Wheel ' Saw/Trencher;Roller operator(compacting);Screed operator (asphalt or concrete);Trenching machine operator(up to 6 tft.);Vacuum or much truck ' GROUP 5:Equipment Greaser(Grease Truck/Multi Shift). ' GROUP 6:Articulating material hauler;Asphalt plant engineer;Batch plant operator;Bit sharpener;Concrete ' joint machine operator(canal and similar type);Concrete planer operator;Dandy digger;Deck engine operator; Derrickman(oilfield type);Drilling machine operator, I bucket or auger types(Calweld 100 bucket or similar types -Watson 1000 auger or similar types-Texoma 330,500 or 600 auger or similar types-drilling depth of 45' maximum);Drilling machine operator;Hydrographic seeder machine operator(straw,pulp or seed),Jackson track I maintainer,or similar type;Kalamazoo Switch tamper,or similar type;Machine tool operator;Maginnis internal full slab vibrator,Mechanical berm,curb or gutter(concrete or asphalt);Mechanical finisher operator(concrete, Clary-Johnson-Bidwell or similar);Micro tunnel system ' (below ground);Pavement breaker operator(truck mounted); Road oil mixing machine operator;Roller operator(asphalt ' or finish),rubber-tired earth moving equipment(single ' engine,up to and including 25 yds.struck);Self-propelled tar pipelining machine operator;Skiploader operator ' (crawler and wheel type,over 3/4 yd.and up to and including 1-1/2 yds.); Slip form pump operator(power ' driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer,tamper-scraper(single engine, ' up to 100 h.p.flywheel and similar types,up to and including D-5 and similar types);Tugger hoist operator(1 drum);Ultra high pressure waterjet cutting tool system operator;Vacuum blasting machine operator GROUP 8:Asphalt or concrete spreading operator(tamping or finishing);Asphalt paving machine operator(Barber Greene or similar type);Asphalt-rubber distribution operator; Backhoe operator(up to and including 3/4 yd.),small ford, Case or similar;Cast-in-place pipe laying machine operator;Combination mixer and compressor operator(gunite work);Compactor operator(self-propelled);Concrete mixer operator(paving);Crushing plant operator;Drill Doctor; 1 Drilling machine operator,Bucket or auger types(Calweld Pr 1 150 bucket or similar types-Watson 1500,2000 2500 auger or similar types-Texoma 700,800 auger or similar types- drilling depth of 60'maximum);Elevating grader operator; Grade checker;Gradall operator;Grouting machine operator; Heavy-duty repairman;Heavy equipment robotics operator; r Kalamazoo balliste regulator or similar type;Kolman belt loader and similar type;Le Tourneau blob compactor or similar type;Loader operator(Athey,Euclid,Sierra and similar types);Mobark Chipper or similar;Ozzie padder or similar types;P.C.slot saw;Pneumatic concrete placing machine operator(Hackley-Presswell or similar type); N Pumperete gun operator;Rock Drill or similar types;Rotary drill operator(excluding caisson type);Rubber-tired earth-moving equipment operator(single engine, caterpillar,Euclid,Athey Wagon and similar types with any and all attachments over 25 yds.up to and including 50 cu. ' yds.struck);Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds.struck); Rubber-tired scraper operator(self-loading paddle wheel ' type-John Deere, 1040 and similar single unit);Self- propelled curb and gutter machine operator;Shuttle buggy; ' Skiploader operator(crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.);Soil remediation plant operator;Surface heaters and planer operator;Tractor compressor drill combination operator;Tractor operator (any type larger than D-5- 100 flywheel h.p.and over,or similar-bulldozer,tamper,scraper and push tractor single engine);Tractor operator(boom attachments),Traveling I pipe wrapping,cleaning and bendng machine operator; Trenching machine operator(over 6 ft.depth capacity, manufacturer's rating);trenching Machine with Road Miner ' attachment(over 6 ft depth capacity):Ultra high pressure waterjet cutting tool system mechanic;Water pull ' (compaction)operator GROUP 9:Heavy Duty Repairman GROUP 10:Drilling machine operator,Bucket or auger types ' (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105'maximum);Dual drum mixer, dynamic compactor LDC350(or similar types);Monorail ' locomotive operator(diesel,gas or electric);Motor patrol-blade operator(single engine);Multiple engine tractor operator(Euclid and similar type-except Quad 9 cat.);Rubber-tired earth-moving equipment operator(single engine,over 50 yds.struck);Pneumatic pipe ramming tool and similar types;Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator(single engine,over 50 yds.struck);Rubber tired earth moving equipment operator(multiple engine,Euclid,caterpillar and similar over 25 yds.and up to 50 yds.struck),Tower crane repairman;Tractor loader operator(crawler and wheel type over 6-1/2 yds.);Woods mixer operator(and similar Pugmill equipment) to GROUP 11:Heavy Duty Repairman-Welder Combination,Welder- ' Certified. ' GROUP 12:Auto grader operator;Automatic slip form operator; Drilling machine operator,bucket or auger types(Calweld, ' auger 200 CA or similar types-Watson,auger 6000 or similar types-Hughes Super Duty,auger 200 or similar ' types-drilling depth of 175'maximum);Hoe ram or similar with compressor;Mass excavator operator less tha 750 cu. yards;Mechanical finishing machine operator;Mobile form ' traveler operator;Motor patrol operator(multi-engine); Pipe mobile machine operator;Rubber-tired earth-moving ' equipment operator(multiple engine,Euclid,Caterpillar and similar type,over 50 cu.yds.struck);Rubber-tired self-loading scraper operator(paddle-wheel-auger type self-loading-two(2)or more units) GROUP 13:Rubber-tired earth-moving equipment operator ' operating equipment with push-pull system(single engine, up to and including 25 yds.struck) GROUP 14:Canal liner operator;Canal trimmer operator; Remote-control earth-moving equipment operator(operating a second piece of equipment:$1.00 per hour additional); Wheel excavator operator(over 750 cu.yds.) GROUP 15:Rubber-tired earth-moving equipment operator, operating equipment with push-pull system(single engine, t Caterpillar,Euclid,Athey Wagon and similar types with any ' and all attachments over 25 yds.and up to and including 50 yds.struck);Rubber-tired earth-moving equipment operator, ' operating equipment with push-pull system(multiple engine-up to and including 25 yds.struck) ' GROUP 16:Rubber-tired earth-moving equipment operator, operating equipment with push-pull system(single engine, ' over 50 yds.struck);Rubber-tired earth-moving equipment operator,operating equipment with push-pull system ' (multiple engine,Euclid,Caterpillar and similar,over 25 yds.and up to 50 yds.struck) GROUP 17:Rubber-tired earth-moving equipment operator, ' operating equipment with push-pull system(multiple engine, Euclid,Caterpillar and similar,over 50 cu.yds.struck); ' Tandem tractor operator(operating crawler type tractors in ' tandem-Quad 9 and similar type) GROUP 18:Rubber-tired earth-moving equipment operator, operating in tandem(scrapers,belly dumps and similar ' types in any combination,excluding compaction units- single engine,up to and including 25 yds.struck) GROUP 19:Rotex concrete belt operator(or similar types); Rubber-tired earth-moving equipment operator,operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units-single engine, I Caterpillar,Euclid,Athey Wagon and similar types with any =g and all attachments over 25 yds.and up to and including 50 cu.yds.struck);Rubber-tired earth-moving equipment operator,operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units-multiple engine,up to and including 25 yds.struck) GROUP 20:Rubber-tired earth-moving equipment operator, operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units- ' single engine,over 50 yds.struck);Rubber-tired earth-moving equipment operator,operating in tandem (scrapers,belly dumps,and similar types in any combination,excluding compaction units-multiple engine, ' Euclid,Caterpillar and similar,over 25 yds.and up to 50 yds.struck) GROUP 21:Rubber-tired earth-moving equipment operator, operating in tandem(scrapers,belly dumps and similar ' types in any combination,excluding compaction units- multiple engine,Euclid,Caterpillar and similar type,over ' 50 cu.yds.struck) GROUP 22:Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine,up to and including 25 yds.struck) GROUP 23:Rubber-tired earth-moving equipment operator, I I 1 operating equipment with the tandem push-pull system ' (single engine,Caterpillar,Euclid,Athey Wagon and similar types with any and all attachments over 25 yds.and ' up to and including 50 yds.struck);Rubber-tired earth-moving equipment operator,operating with the tandem ' push-pull system(multiple engine,up to and including 25 ' yds.struck) ' GROUP 24:Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system ' (single engine,over 50 yds.struck);Rubber-tired earth-moving equipment operator,operating equipment with ' the tandem push-pull system(multiple engine,Euclid, Caterpillar and similar,over 25 yds.and up to 50 yds. ' struck) GROUP 25:Concrete pump operator-truck mounted;Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system(multiple engine,Euclid, Caterpillar and similar type,over 50 cu.yds.struck) CRANES,PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1:Engineer oiler;Fork lift operator(includes loed, lull or similar types) GROUP 2:Truck crane oiler GROUP 3:A-frame or winch truck operator;Ross carrier operator Oobsite) GROUP 4:Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck;Stinger crane(Austin-Western or similar type);Tugger hoist operator(1 drum) GROUP 6:Bridge crane operator;Cretor crane operator;Hoist operator(Chicago boom and similar type);Lift mobile operator;Lift slab machine operator(Vagtborg and similar types);Material hoist and/or manlift operator;Polar gantry crane operator;Self Climbing scaffold(or similar type);Shovel,backhoe,dragline,clamshell operator(over 3/4 yd.and up to 5 cu.yds.mrc);Tugger hoist operator GROUP 7:Pedestal crane operator;Shovel,backhoe,dragline, clamshell operator(over 5 cu.yds.mrc);Tower crane repair;Tugger hoist operator(3 drum) GROUP 8:Crane operator(up to and including 25 ton capacity);Crawler transporter operator;Derrick barge operator(up to and including 25 ton capacity);Hoist operator,stiff legs,Guy derrick or similar type(up to and including 25 ton capacity); Shovel,backhoe,dragline, clamshell operator(over 7 cu.yds.,M.R.C.) GROUP 9:Crane operator(over 25 tons and up to and including 50 tons mrc);Derrick barge operator(over 25 tons up to and including 50 tons mrc);Highline cableway operator; ' Hoist operator,stiff legs,Guy derrick or similar type (over 25 tons up to and including 50 tons mrc);K-crane ' operator;Polar crane operator; Self erecting tower crane ' operator maximum lifting capacity ten tons ' GROUP 10:Crane operator(over 50 tons and up to and including 100 tons mrc);Derrick barge operator(over 50 tons up to and including 100 tons mrc);Hoist operator, stiff legs,Guy derrick or similar type(over 50 tons up to ' and including 100 tons mrc),Mobile tower crane operator (over 50 tons,up to and including 100 tons M.R.C.);Tower crane operator and tower gantry ' GROUP 11:Crane operator(over 100 tons and up to and including 200 tons mrc);Derrick barge operator(over 100 ' tons up to and including 200 tons mrc);Hoist operator, ' stiff legs,Guy derrick or similar type(over 100 tons up to and including 200 tons mrc);Mobile tower crane operator ' (over 100 tons up to and including 200 tons mrc) ' GROUP 12:Crane operator(over 200 tons up to and including 300 tons mrc);Derrick barge operator(over 200 tons up to and including 300 tons mrc);Hoist operator,stiff legs, Guy derrick or similar type(over 200 tons,up to and ' including 300 tons mrc);Mobile tower crane operator(over 200 tons,up to and including 300 tons mrc) GROUP 13:Crane operator(over 300 tons);Derrick barge operator(over 300 tons);Helicopter pilot;Hoist operator, stiff legs,Guy derrick or similar type(over 300 tons); Mobile tower crane operator(over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1:Skiploader(wheel type up to 3/4 yd.without attachment) GROUP 2:Power-driven jumbo form setter operator PR GROUP 3:Dinkey locomotive or motorperson(up to and including 10 tons) Z GROUP 4:Bit sharpener;Equipment greaser(grease truck); Slip form pump operator(power-driven hydraulic lifting PW device for concrete forms);Tugger hoist operator(1 drum); Tunnel locomotive operator(over 10 and up to and including 30 tons) GROUP 5:Backhoe operator(up to and including 3/4 yd.); Small Ford,Case or similar;Drill doctor;Grouting machine operator;Heading shield operator;Heavy-duty repairperson; Loader operator(Athey,Euclid,Sierra and similar types); Mucking machine operator(1/4 yd.,rubber-tired,rail or L track type);Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);Pneumatic heading shield(tunnel);Pumperete gun operator;Tractor compressor drill combination operator;Tugger hoist operator(2 drum); Tunnel locomotive operator(over 30 tons) GROUP 6:Heavy Duty Repairman ••■ GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN,RIVERSIDE&SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County,approximately 3 miles NE of the intersection of 1-15 and the California State line at that point which is the NW corner of Section 1,T17N,m R14E,San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6,T27S, R42E,Mt.Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6,T25S,R42E,MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County,as that point which is the SE corner of Section 34, T24S,R40E,MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County,at that point which is the SW corner of the SE quarter of Section 32, T24S,R37E,MDM. Continue W along the Kern and Tulare County boundary,until that point which is the NW corner of T25S, +�e R32E,MDM. Continue S following R32E lines to the NW corner of T31 S,R32E,MDM. Continue W to the NW corner of T31 S,R31 E, MDM. Continue S to the SW corner of T32S,R31 E,MDM. Continue W to SW corner of SE quarter of Section 34,T32S,R30E,MDM. Continue S to SW corner of T11N,R17W,SBM. Continue E along ' south boundary of TI IN,SBM to SW corner of TI IN,R7W,SBM. Continue S to SW corner of T9N,R7W,SBM. Continue E along south boundary of T9N,SBM to SW corner of T9N,R1E,SBM. Continue S along west boundary of R1E,SMB to Riverside County line at the SW corner of T1S,R1E,SBM. Continue E along south v boundary of TIs,SBM(Riverside County Line)to SW corner of T1S,R10E,SBM. Continue S along west boundary of R10E,SBM to Imperial County line at the SW comer of TBS,R10E,SBM. Continue W along Imperial and Riverside county line to NW comer of T9S,R9E,SBM. Continue S along the boundary between Imperial and San Diego Counties,along the west edge of ME, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line,then north to Nevada state line,then continuing NW back to start at the point which is the NW corner of Section 1, T17N,R14E,SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN,SANTA BARBARA&VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame,on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E,Mt.Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S,R16E,MDM. Continue E to SW corner of T30S,RI 7E,MDM. Continue S to SW corner of T31 S, R17E,MDM. Continue E to SW corner of T31S,R18E,MDM. Continue S along West side of R18E,MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W,SBM to the SW corner of T9N,R30W,SBM. Continue E along the south edge of T9N,SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW comer of Section 3439N,R24W,SBM,continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32,T7N,R24W,SBM. Continue E along the south edge of T7N,SBM to the SE comer to T7N,R21 W, SBM. Continue N along East side of R21 W,SBM to Ventura County and Kern County boundary at the NE corner of TBN,R21 W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N,R21 W. Continue North along the East edge of R21 W,SBM to the NE corner of T12N,R21 W,SBM. Continue West along the north edge of T12N,SBM to the SE corner of T32S,R21E,MDM. [T12N SBM is a think strip between TI IN SBM and T32S MDM].Continue North along the East side of R21E,MDM to the Kings County and Kern County border at the NE corner of T25 S,R21E,MDM,continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner ' of T25S,R16E,MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17,T10N,R22E,Mt.Diablo Meridian. Continue S then SE along the entire western boundary of Mono County,until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2,TBS,R29E,MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32,T24S,R37E,MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is ' the SE corner of section 34,T24S,R40E,MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6,T25S,R42E,MDM. Continue S to that point which is the SW comer of the NW quarter of Section 6,T27S,R42E,MDM. r � Continue E in a straight line to the California and Nevada ' state border at the point which is the NW comer of Section 1, T17N,R14E,San Bernardino Meridian. Then continue NW along ' the state line to the starting point,which is the center of Section 18,T ION,R22E,MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1)Leverman................$49.50 23.60 (2)Dredge dozer............$43.53 23.60 ' (3)Deckmate................$43.42 23.60 ' (4)Winch operator(stern winch on dredge)............$42.87 23.60 (5)Fireman-Oiler, Deckhand,Bargeman, ' Leveehand...................$42.33 23.60 (6)Barge Mate..............$42.94 23.60 ---------------------------------------------------------------- IRON0377-002 01/01/2016 Rates Fringes Ironworkers: Fence Erector...............$27.58 20.64 Ornamental,Reinforcing ' and Structural..............$34.00 29.20 ' PREMIUM PAY: ' $6.00 additional per hour at the following locations: ' China Lake Naval Test Station Chocolate Mountains Naval ' Reserve-Niland, Edwards AFB,Fort Irwin Military Station,Fort Irwin Training Center-Goldstone,San Clemente Island,San Nicholas Island, Susanville Federal Prison,29 Palms-Marine Corps,U.S.Marine Base-Barstow,U.S.Naval Air Facility-Sealey,Vandenberg AFB $4.00 additional per hour at the following locations: ■� Army Defense Language Institute-Monterey,Fallon Air Base, ' Naval Post Graduate School-Monterey,Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme,Port Mugu,U.S.Coast Guard Station-Two Rock i ---------------------------------------------------------------- LAB00300-005 01/01/2016 Rates Fringes Asbestos Removal Laborer.........$30.43 16.07 ' SCOPE OF WORK: Includes site mobilization,initial site cleanup,site preparation,removal of asbestos-containing ' material and toxic waste,encapsulation,enclosure and disposal of asbestos-containing materials and toxic waste ' by hand or with equipment or machinery;scaffolding, fabrication of temporary wooden barriers and assembly of ' decontamination stations. ---------------------------------------------------------------- *LAB00345-001 07/03/2016 Rates Fringes ' LABORER(GUNITE) GROUP 1.....................$37.89 20.50 GROUP 2.....................$36.94 20.50 GROUP 3.....................$33.40 20.50 FOOTNOTE:GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable ' classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour ' above the foregoing applicable classification rates,paid on a portal-to-portal basis. Any work performed on,in or ' above any smoke stack,silo,storage elevator or similar type of structure,when such structure is in excess of ' 75'-0"above base level and which work must be performed in whole or in part more than 75'-0"above base level,that work performed above the 75'-0"level shall be compensated ' for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1:Rodmen,Nozzlemen GROUP 2:Gunmen ' GROUP 3: Reboundmen -- ------------------------------------------------------------- *LABO0783-002 07/04/2016 Rates Fringes LABORER(TUNNEL) GROUP 1.....................$38.09 19.07 GROUP 2.....................$38.41 19.07 ' GROUP 3.....................$38.87 19.07 GROUP 4.....................$39.56 19.07 LABORER GROUP 1.....................$32.34 19.07 ' GROUP 2.....................$32.89 19.07 GROUP 3.....................$33.44 19.07 ' GROUP 4.....................$34.99 19.07 ' GROUP 5.....................$35.34 19.07 ' LABORER CLASSIFICATIONS ' GROUP 1:Cleaning and handling of panel forms;Concrete screeding for rough strike-off,Concrete,water curing; ' Demolition laborer,the cleaning of brick if performed by a worker performing any other phase of demolition work,and ' the cleaning of lumber;Fire watcher,limber,brush loader, piler and debris handler;Flag person;Gas,oil and/or ' water pipeline laborer;Laborer,asphalt-rubber material ' loader;Laborer,general or construction;Laborer,general clean-up;Laborer,landscaping;Laborer,jetting;Laborer, temporary water and air lines;Material hose operator (walls,slabs,floors and decks);Plugging,filling of shee bolt holes;Dry packing of concrete;Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers;Rigging and signaling;Scaler; rir Slip form raiser;Tar and mortar;Tool crib or tool house ' laborer;Traffic control by any method;Window cleaner; Wire mesh pulling-all concrete pouring operations GROUP 2: Asphalt shoveler;Cement dumper(on 1 yd.or larger ' mixer and handling bulk cement);Cesspool digger and installer;Chucktender;Chute handler,pouring concrete, ' the handling of the chute from readymix trucks,such as ' walls,slabs,decks,floors,foundation,footings,curbs, gutters and sidewalks;Concrete curer,impervious membrane ' and form oiler;Cutting torch operator(demolition);Fine grader,highways and street paving,airport,runways and ' similar type heavy construction;Gas,oil and/or water pipeline wrapper-pot tender and form person;Guinea ' chaser;Headerboard person-asphalt;Laborer,packing rod steel and pans;Membrane vapor barrier installer;Power ' broom sweeper(small);Riprap stonepaver,placing stone or wet sacked concrete;Roto scraper and tiller;Sandblaster ' (pot tender);Septic tank digger and installer(lead);Tank scaler and cleaner;Tree climber,faller,chain saw ' operator,Pittsburgh chipper and similar type brush shredder;Underground laborer,including caisson bellower ' GROUP 3:Buggymobile person;Concrete cutting torch;Concrete pile cutter;Driller,jackhammer,2-1/2 ft.drill steel or ' longer;Dri-pak-it machine;Gas,oil and/or water pipeline wrapper,6-in.pipe and over,by any method,inside and ' out;High scaler(including drilling of same);Hydro seeder and similar type;Impact wrench multi-plate;Kettle person, ' pot person and workers applying asphalt,lay-kold, creosote,lime caustic and similar type materials ' ("applying"means applying,dipping,brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic,gas,electric tools,vibrating machine,pavement breaker,air blasting,come-alongs,and ' similar mechanical tools not separately classified herein; ' Pipelayer's backup person,coating,grouting,making of joints,sealing,caulking,diapering and including rubber ' gasket joints,pointing and any and all other services; Rock slinger;Rotary scarifier or multiple head concrete ' chipping scarifier;Steel headerboard and guideline setter; Tamper,Barko,Wacker and similar type;Trenching machine, ' hand-propelled GROUP 4:Asphalt raker,lute person,ironer,asphalt dump person,and asphalt spreader boxes(all types);Concrete core cutter(walls,floors or ceilings),grinder or sander; Concrete saw person,cutting walls or flat work,scoring old or new concrete;Cribber,shorer,lagging,sheeting and trench bracing,hand-guided lagging hammer;Head rock slinger;Laborer,asphalt-rubber distributor boot person; Laser beam in connection with laborers'work;Oversize concrete vibrator operator,70 lbs.and over;Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until ' completion of operation,including any and all forms of tubular material,whether pipe,metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element,whether water,sewage,solid gas,air,or other product whatsoever and without regard to the nature of material from which the _ tubular material is fabricated;No joint pipe and stripping Iof same;Prefabricated manhole installer;Sandblaster M (nozzle person),water blasting,Porta Shot-Blast ' GROUP 5:Blaster powder,all work of loading holes,placing ' and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; ' Driller:All power drills,excluding jackhammer,whether core,diamond,wagon,track,multiple unit,and any and all ' other types of mechanical drills without regard to the form of motive power;Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1:Batch plant laborer;Changehouse person;Dump ' person;Dump person(outside); Swamper(brake person and switch person on tunnel work);Tunnel materials handling person;Nipper;Pot tender,using mastic or other materials (for example,but not by way of limitation,shotcrete,etc.) ' GROUP 2:Chuck-tender,cabletender;Loading and unloading agitator cars;Vibrator person,jack hammer,pneumatic ' tools(except driller); Bull gang mucker,track person; Concrete crew,including rodder and spreader r `s GROUP 3:Blaster,driller,powder person;Chemical grout jet person;Cherry picker person;Grout gun person;Grout mixer person;Grout pump person;Jackleg miner;Jumbo person; Kemper and other pneumatic concrete placer operator;Miner, tunnel(hand or machine);Nozzle person;Operating of ' troweling and/or grouting machines;Powder person(primer ' house);Primer person;Sandblaster;Shotcrete person;Steel form raiser and setter;Timber person,retimber person, ' wood or steel;Tunnel Concrete finisher ' GROUP 4:Diamond driller;Sandblaster;Shaft and raise work ---------------------------------------------------------------- LABO0783-005 07/01/2014 Rates Fringes Brick Tender.....................$29.12 15.78 ---------------------------------------------------------------- ' *LABO1184-00107/04/20 11 ' Rates Fringes ' Laborers:(HORIZONTAL DIRECTIONAL DRILLING) po (1)Drilling Crew Laborer...$33.65 13.95 (2)Vehicle Operator/Hauler.$33.82 13.95 ' (3)Horizontal Directional Drill Operator..............$35.67 13.95 (4)Electronic Tracking Locator.....................$37.67 13.95 Laborers:(STRIPING/SLURRY SEAL) GROUP 1.....................$34.86 17.03 GROUP 2.....................$36.16 17.03 GROUP 3.....................$38.17 17.03 GROUP 4.....................$39.91 17.03 LABORERS-STRIPING CLASSIFICATIONS GROUP 1:Protective coating,pavement sealing,including repair and filling of cracks by any method on any surface in parking lots,game courts and playgrounds;carstops; operation of all related machinery and equipment;equipment repair technician GROUP 2:Traffic surface abrasive blaster;pot tender- removal of all traffic lines and markings by any method (sandblasting,waterblasting,grinding,etc.)and preparation of surface for coatings. Traffic control person:controlling and directing traffic through both conventional and moving lane closures;operation of all related machinery and equipment GROUP 3:Traffic delineating device applicator:Layout and application of pavement markers,delineating signs,rumble 1 and traffic bars,adhesives,guide markers,other traffic ' delineating devices including traffic control.This category includes all traffic related surface preparation ' (sandblasting,waterblasting,grinding)as part of the ' application process.Traffic protective delineating system installer:removes,relocates,installs,permanently ' affixed roadside and parking delineation barricades, fencing,cable anchor,guard rail,reference signs, monument markers;operation of all related machinery and equipment;power broom sweeper GROUP 4:Striper:layout and application of traffic stripes and markings;hot thermo plastic;tape traffic stripes and markings,including traffic control;operation of all ' related machinery and equipment ---------------------------------------------------------------- ' LABO1414-003 08/05/2015 Rates Fringes ' LABORER PLASTER CLEAN-UP LABORER....$30.16 17.11 ' PLASTER TENDER..............$32.71 17.11 ' Work on a swing stage scaffold:$1.00 per hour additional. ' Work at Military Bases- $3.00 additional per hour: Coronado Naval Amphibious Base,Fort Irwin,Marine Corps Air Station-29 Palms,Imperial Beach Naval Air Station,Marine Corps Logistics Supply Base,Marine Corps Pickle Meadows, Mountain Warfare Training Center,Naval Air Facility-Seeley,North Island Naval Air Station,Vandenberg AFB. ---------------------------------------------------------------- PAIN003 6-001 07/01/2015 Rates Fringes Painters:(Including Lead Abatement) (1)Repaint(excludes San Diego County)...............$27.29 12.83 (2)All Other Work..........$30.72 12.83 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry,breweries, commercial recreational facilities,hotels which operate commercial establishments as part of hotel service,and sports facilities. ---------------------------------------------------------------- PAIN0036-008 10/01/2015 Rates Fringes ' DRYWALL FINISHER/TAPER...........$36.18 16.82 ---------------------------------------------------------------- ' *PAIN0036-015 06/01/2016 ' Rates Fringes ' GLAZIER..........................$41.70 21.13 FOOTNOTE: Additional$1.25 per hour for work in a condor, ' from the third(3rd)floor and up Additional$1.25 per hour for work on the outside of the building from a swing r stage or any suspended contrivance,from the ground up ---------------------------------------------------------------- ' PAIN 1247-002 01/01/2016 Rates Fringes ' SOFT FLOOR LAYER.................$29.85 14.01 ---------------------------------------------------------------- ' PLAS0200-008 08/05/2015 Rates Fringes ' PLASTERER........................$38.44 13.77 ' FORT IRWIN;MARINE CORPS AIR STATION 29 PALMS,AND MARINE 1 1 CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- *PLAS0500-002 07/01/2016 Rates Fringes 1 CEMENT MASON/CONCRETE FINISHER...$33.30 23.33 ---------------------------------------------------------------- PLUM0016-002 07/01/2015 Rates Fringes PLUMBER,PIPEFITTER, ' STEAMFITTER Plumber and Pipefitter ' All other work except work on new additions and remodeling of bars, ' restaurant,stores and commercial buildings not to exceed 5,000 sq.ft. of floor space and work ' on strip malls,light commercial,tenant ' improvement and remodel work.......................$45.96 20.71 Work at Edwards AFB........$52.96 20.71 Work at Fort Irwin Army ' Base,Marine Corps Logistic Base at Nebo, ' Marine Corps Logistic Base at Yermo and Twenty-Nine ' Palms Marine Base...........$56.46 20.71 ' Work ONLY on new additions and remodeling of bars, ' restaurants,stores and commercial buildings,not ' to exceed 5,000 sq.ft.of floor space.................$44.54 19.73 ' Work ONLY on strip malls, light commercial,tenant ' improvement and remodel work........................$35.16 18.06 ---------------------------------------------------------------- PLUM0345-001 07/01/2014 ' Rates Fringes ' PLUMBER Landscape/Irrigation Fitter.$29.27 19.75 ' Sewer&Storm Drain Work....$33.24 17.13 ---------------------------------------------------------------- ' ROOF0036-002 08/01/2014 ' Rates Fringes I ' ROOFER...........................$35.02 13.57 ' FOOTNOTE:Pitch premium:Work on which employees are exposed to pitch fumes or required to handle pitch,pitch base or ' pitch impregnated products,or any material containing coal ' tar pitch,the entire roofing crew shall receive$1.75 per hour"pitch premium"pay. ---------------------------------------------------------------- ' SFCA0669-009 01/01/2016 ' Does not include the northern part of the City of Chino,or the Cities of Montclair and Ontario ' Rates Fringes SPRINKLER FITTER.................$35.57 20.27 ---------------------------------------------------------------- 1 SFCA0709-004 07/01/2015 THE NORTHERN PART OF THE CITY OF CHINO,AND THE CITIES OF ' MONTCLAIR AND ONTARIO: i Rates Fringes 9 SPRINKLER FITTER(Fire)..........$42.93 24.04 ---------------------------------------------------------------- *SHEE0105-003 07/01/2016 LOS ANGELES(South of a straight line drawn between Gorman and Big Pines)and Catalina Island,INYO,KERN(Northeast part,East of Hwy 395),MONO ORANGE,RIVERSIDE,AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1)Commercial-New Construction and Remodel ' work........................$41.86 26.88 (2)Industrial work ' including air pollution ' control systems,noise abatement,hand rails, ' guard rails,excluding aritechtural sheet metal ' work,excluding A-C, heating,ventilating systems for human comfort...$41.86 26.88 ---------------------------------------------------------------- ' TEAM0011-002 07/01/2015 ' Rates Fringes 1 TRUCK DRIVER GROUP 1....................$28.24 25.24 GROUP 2....................$28.39 25.24 GROUP 3....................$28.52 25.24 ' GROUP 4....................$28.71 25.24 GROUP 5....................$28.74 25.24 GROUP 6....................$28.77 25.24 GROUP 7....................$29.02 25.24 GROUP 8....................$29.27 25.24 GROUP 9....................$29.47 25.24 GROUP 10....................$29.77 25.24 ' GROUP 11....................$30.27 25.24 GROUP 12....................$30.70 25.24 WORK ON ALL MILITARY BASES: ' PREMIUM PAY: $3.00 per hour additional. ' [29 palms Marine Base,Camp Roberts,China Lake,Edwards AFB, El Centro Naval Facility,Fort Irwin,Marine Corps ' Logistics Base at Nebo&Yermo,Mountain Warfare Training Center,Bridgeport, Point Arguello,Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1:Truck driver I GROUP 2:Driver of vehicle or combination of vehicles-2 axles;Traffic control pilot car excluding moving heavy equipment permit load;Truck mounted broom GROUP 3:Driver of vehicle or combination of vehicles-3 axles;Boot person;Cement mason distribution truck; Fuel truck driver;Water truck-2 axle;Dump truck,less than 16 yds.water level;Erosion control driver GROUP 4:Driver of transit mix truck,under 3 yds.;Dumperete truck,less than 6-1/2 yds.water level GROUP 5:Water truck,3 or more axles;Truck greaser and tire person($0.50 additional for tire person);Pipeline and utility working truck driver,including winch truck and plastic fusion,limited to pipeline and utility work; Slurry truck driver GROUP 6:Transit mix truck,3 yds.or more;Dumperete truck, 6-1/2 yds.water level and over;Vehicle or combination of vehicles-4 or more axles;Oil spreader truck;Dump truck, 16 yds.to 25 yds.water level GROUP 7:A Frame,Swedish crane or similar;Forklift driver; Ross carrier driver GROUP 8:Dump truck,25 yds.to 49 yds.water level;Truck repair person;Water pull-single engine;Welder GROUP 9:Truck repair person/welder;Low bed driver,9 axles ' or over ' GROUP 10:Dump truck-50 yds.or more water level;Water pull-single engine with attachment GROUP 11:Water pull-twin engine;Water pull-twin engine with attachments;Winch truck driver-$1.25 additional when operating winch or similar special attachments ' GROUP 12:Boom Truck 17K and above ---------------------------------------------------------------- WELDERS-Receive rate prescribed for craft performing ' operation to which welding is incidental. --- -------_-------------------------_ ----- -- Unlisted classifications needed for work not included within I the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5(a)(1)(ii)). I ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination.The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is a union rate(current union negotiated rate for local), a survey rate(weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than"SU"or "UAVG"denotes that the union classification and rate were prevailing for that classification in the survey.Example: PLUM0198-005 07/01/2014.PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers.0198 indicates the local union number or district council number where applicable,i.e.,Plumbers Local 0198.The next number, 005 in the example,is an internal number used in processing the wage determination.07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the"SU"identifier indicate that no one rate prevailed for this classification in the survey and ' the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that ' classification. As this weighted average rate includes all rates reported in the survey,it may include both union and non-union rates.Example: SULA2012-007 5/13/2014.SU indicates the rates are survey rates based on a weighted average ' calculation of rates and are not majority rates.LA indicates the State of Louisiana.2012 is the year of survey on which these classifications and rates are based.The next number,007 in the example,is an internal number used in producing the wage determination.5/13/2014 indicates the survey completion ' date for the classifications and rates under that identifier. ' Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s)listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications;however, 100%of the data reported for the classifications was union data.EXAMPLE:UAVG-OH-0010 08/29/2014.UAVG indicates that the rate is a weighted union average rate.OH indicates the state.The next number,0010 in the example,is an internal number used in producing the wage determination.08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year,usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.)Has there been an initial decision in the matter?This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance(additional classification and rate)ruling On survey related matters,initial contact,including requests ' for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted ' because those Regional Offices have responsibility for the ' Davis-Bacon survey program.If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.)should be followed. ' With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the ' Branch of Construction Wage Determinations. Write to: ' Branch of Construction Wage Determinations Wage and Hour Division ' U.S.Department of Labor ' 200 Constitution Avenue,N.W. Washington,DC 20210 t114 2.)If the answer to the question in 1.)is yes,then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: I Wage and Hour Administrator U.S.Department of Labor t 200 Constitution Avenue,N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data,project description,area practice material, ' etc.)that the requestor considers relevant to the issue. ' 3.)If the decision of the Administrator is not favorable,an ' interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board ' U.S.Department of Labor 200 Constitution Avenue,N.W. ' Washington,DC 20210 ' 4.)All decisions by the Administrative Review Board are final. --- ---------------------___ ---- _ ' END OF GENERAL DECISION STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM ' FOR PUBLIC WORKS CONSTRUCTION Division of Apprenticeship Standards office locations Page 1 of 2 Welcome to the California DEPARTMENT OF INDUSTRIAL RELATION .--, Apprentices on public work projects summary of requirements THE BASICS SUMMARY OF REQUIREMENTS California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Submit contract award information 2. Employ registered apprentices 3. Make training fund contributions SUBMIT CONTRACT AWARD INFORMATION If you are a contractor already approved to train apprentices (a member of a DAS recognized Apprenticeship Committee "Contractors who are already approved to train apprentices must provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade that has approved the contractor in the area of the site of the of the public works project." The Contract Award Information must be in writing and submitted to ' the applicable committee(s)within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. You may use form DAS 140 for this purpose. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice. If you are not already approved to train by an Apprenticeship Committee Contractors not already approved to train apprentices must submit Contract Award Information (DAS 140)to every apprenticeship program in the geographic area of the public works project,for each craft you intend to employ on the proiect. You can determine which apprenticeship programs are approved in specific geographic locations by clicking on the following link hftr)://www-dir.ca.gov/databases/das/r)waddrstart-as[) The Contract Award Information must be in writing and submitted to the applicable committee(s)within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice. EMPLOY REGISTERED APPRENTICES ' A contractor on a public works project must employ one(1)hour of apprentice work for every five(5) hours performed by a journeyman. Title 8 California Code of Regulations. Section 230.1.for each separate craft at the end of a proiect. Please check the DAS Important notices to determine if any exemptions exist for your craft or trade. http:/Mw,w.dir.ca.ciov/DAS/PublicWorksForms.htm All contractors must request dispatch of an apprentice from an apprenticeship program(for each apprenticeable craft or trade)by giving the program actual notice of at least 72 hours (excluding Saturdays, Sundays and Holidays)before the date on which apprentices are required.A DAS 142 form is provided for this purpose.All requests for dispatch must be in writing and sent by first class mail, fax or email. Contractors who do not receive a sufficient number of apprentices from their initial request, must request dispatch apprentices from all other apprenticeship committees, if more than one exists in the area of the public works project. To determine which apprenticeship programs are approved for your craft or trade in a specific geographic location click the following link hffp:lfwww.dir.ca.ciovidatabases/dasiPwaddrstart.asp fMAKE TRAINING FUND CONTRIBUTIONS Contractors who are awarded public works jobs must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices. This nominal fee contributes to the assurance that new apprentices coming into the craft will be guaranteed the highest level of training and as skilled craftsmen retire, the trade will survive. http:/!w-ww.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummary0fRequirements.htm 5/23/2012 Division of Apprenticeship Standards office locations Page 2 of 2 Contractors who contribute to an apprenticeship program are entitled to a fuli credit in the amount of those contributions. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council, PO Box 420603, San Francisco, CA 94142-0603. Training fund contributions to the Council are due and payable on the 15th day of the month for work performed during the preceding month. The contribution should be paid by check and be accompanied be a completed training fund contribution form (CAC—2) or a letter containing the following information: 1. The name, address and telephone number of the contractor making the contribution. 2. The contractor's license number. 3. The name and address of the public agency that awarded the contract. 4. The jobsite location, including the county where the work was performed. 5_ The contract or project number. 6. The time period covered by the enclosed contributions. 7. The contribution rate and total hours worked by apprenticeable occupation. 8. The name of the program(s)that provide apprentices, if any. 9. The number of apprentice hours worked, by apprenticeable occupation and by program. Comments: suggestions and questions welcome. Email to daspublicworksCc)dir.ca.gov or call your local district office. Conditions of Use ( Privacy Policy Copyright O 2012 State of California S ht tp:/iww w.dir.ca.gov,DAS/DASApprenticesOnPublicWorksSummary0aequirements.htm 5/23/2012 Division of Apprenticeship Standards - Public works information Page 1 of 2 LM 1 r Division of Apprenticeship Standards(OASt Division of Apprenticeship Standards - Important notice - Change to Code of Regulations Section 230.1 Notification of Change in Regulation 230.1 Regarding Employment of Apprentices on Public Works. Regulation 230.1 has been amended.The change will affect projects bid after June 30,2009.Projects bid on or before June 30,2009 will still be controlled by the prior version of 230.1. The change requires all contractors(who are not already employing sufficient apprentices)to request dispatch(either consecutively or simultaneously)from all approved apprenticeship programs in the geographical area of the project. The change also requires that contractors who employ apprentices but are not meeting the required ratio for their craft must request dispatch from any other programs in their craft that exist in the geographical area of the project The change also requires contractors to give the approved apprenticeship programs written notice of the request for dispatch at least 72 hours in advance.Previously 48 hours advance notice was required. Effective on projects bid July 1,2009 Reg.230.1. Employment of Apprentices on Public Works. (a)Contractors,as defined in Section 228 to include general,prime,specialty or subcontractor,shall employ registered apprentice(s),as defined by Labor Code Section 3077,during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman,unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices(as defined by Labor Code Section 3077)to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written notice of at least 72 hours(excluding Saturdays,Sundays and holidays)before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es)are requested does not dispatch apprentices as requested,the contractor must request apprentice dispatch(es)from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work,and must request apprentice dispatch(es)from each such committee,either consecutively or simultaneously,until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing,sent by first class mail,facsimile or email. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards,the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely,if in response to a written request no apprenticeship committee dispatches,or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request(excluding Saturdays,Sundays and holidays)the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project,provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested,the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices,the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the right of a contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s)on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5. (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate,available from DAS,and derived from the Director's survey of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c)Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation.Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council,as set forth in Labor Code Section 1777.5(c)(2),apprentices employed on public works must at all times work with or under the direct supervision of journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training,provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. (d)The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1,2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1,2009. Note:Authority cited:Section 1777.7,Labor Code.Reference:Section 1777.5,Labor Code. http://www.dir.ca.gov/DAS/PublicWorkslmpNot230-I.htm 7/14/2016 Division of Apprenticeship Standards - Public works information Page 2 of 2 March 2014 Copyright©1995•2016 State of California v AS/PublicWorksIm Not230-I.htm 7/14/2016 http://www.dir.ca.go /D p AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE S, CHAPTER 2, PART IV, SECTION 230.1 § 230.1. Employment of Apprentices on Public Works. (a) Contractors, as defined in Section 228 to include general,prime, specialty or subcontractor, shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 3077)to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written notice of at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested,the contractor must request apprentice dispatches) from another committee providing training in the applicable craft or trade in the ' geographic area of the site of the public work, and must request apprentice dispatch(es) fi.-om each such committee, either consecutively or simultaneously,until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing, sent by first class mail,facsimile or email. Except for projects y ,mil i�a ilia;'.,4V lion."s ')f iournevman work. eac l ioGuest for aut)reiitice iisuaEch steal' oe for not less than an 8 hour day Der each apprentice, or 200/s of the estimated apprentice hours 'o be worked for an rmp(o e�r in a particular craft or trade on a proiecf., whichever is greater unless ar employer can provide-written evidence, upon r°quest of the cornminee dispatching the apprentice or the Division of ADwenticeship Standards. that circumstances beyond the employer's control prevent this from occurring_ If a non-signatory contractor declines to abide by and comply with the terms of a local conunittee`s standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a ' written request no apprenticeship comittee dispatches,or agrees to dispatch during the period fiof the public works project any apprentice to a contractor who has agreed to employ and train t apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request(excluding Saturdays, Sundays and holidays)the contractor shall not be considered in violation of this section as'a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested, the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that, where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the right of a Contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area ' of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5, 2 (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate,available from DAS, and derived from the Director's survey"of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c)Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties ' normally assigned to journeymen in the a pp renticeabie occupation. Where an employer employs ' apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(:.)(2), apprentices employed or.public works must at all times work with or under the direct supervision of journeymanlmen. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training,provided that a contractor shall not be subject to any financial or ' administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. (d) The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1, 2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1; 2009. 3 ' CITY OF SAN BERNARDINO STANDARD PLANS GENERAL NOTES: P f NOTE CONCRETE MUST BE AT LEAST CURING COMPOUND SHALL Be /8~ Za" to " S.3 SACK MIX (520-C-2300) AND HOLD 2500 P.S.I. IN SPRAYED UNIFORMLY ON ALL =POSED 28 DAYS. SURFACES PRIOR TO EVAPOR ION Of SURFACE WATER. FLAT P 4 EXPAR310M JOINTS AT ENO Of RETURN'S : STRUCTURES WFJ KEND PLANE JOINTS EVERY 10 FT. ° 4 OR AS INSTRUCTED. ,Q. - SLOPE p8� ' 3 4 ° 0.037 Ctl.YO. � oER Llie% F'T a spa 4 � 8 o d � TYPE "BIB P.C.C. CURB a GUTTER Zl. FLAT 'P ■r = R SLOPE 1-(8 4 b i `W ao. . A N 0.0-5/ CAL Y47, PER 1!N. FT. e b. d •_ L% TYPE "C" P.C.C. CURB B GU'TT'ER (LOCAL STREETS WHEN APPROVED BY THE ENGINEER) uw -fig ' • • 0.03/ CU" YO. ° o �► ° PEsPLlcl. FT. PE=P LlN. FT TYPICAL SECTION - ROLLED CURB TYPE I1AII [ONLY FOR SPECIAL APPLICATIONS AS �+ APPROVED BY THE CITY ENGINEER) R C.C. CURB CITY OF SAN BERARDINO-PUBLIC WORKS DEPT. APPROVED. S?ANDAKD M� z 7 !9� PI.AN TYPICAL SECTION- P. C.C. CURB 8 GUTTER -- 1 104 C1 T EN GI E R WMAMPYVARMSM XMr I pr-49tM VAMP/ES �tOPE��FT �TYP/CAL .COC.4Tif0�(! 4 M/A/ UT/L/TY T,QEi1/CN !✓E,4CENE0 �..QtIE JO/rvT CASE ;4" 1%W,-lEX7,CEO .Safwlwe tOCAT/OA! t/AQlES 4`l/NOdSTkUClEO /' M� �W/OTXI m 1"F 6MMtt A.C. 3 pM/N.PCl' M1WOTMIN MIS AREA AMAMIK CASE "B' MAY 8E U.SEO= A) WfIEN FiP NrAGE lS L ESS 7-1d 4/V A00-A V.0 SAME BECrl&V Zr/S7"3 CW BOTf! 3lOE,f OF,COT. Z_)FOP MEA.vOE,QlXJ� ,5'/aEf�/.4LK.S, rrr �VOS�r✓.tt/e /.)CONCALrTE MAO -.AM-e-"40 ------ ph Z.),k/ AAOVED RUNE.00Nri TO174TC11 K'— f) 'AeMd MIMMelMo Se eu.�s.,roiarAS oiRECT�sv.sr TX/E.F�t/B/NeSE,P PPOPOdEO 9PPAYEO !/lvlFOPMC.Y ON,aGL bYD6s/s�cx EXPGLSEO SURFACES PWA- TO M6 EIiAfGP.4Tit3� OF dUiPFArG'E h/iTEP. E6 F.110E TYA/CAL S/OEMALK TA7ANS/TION CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. D STARNDA VT _ - —,1983 IkAN SIDEWALK LOCATION 101 ENGINgER ' vowmwAc PA4ET A"iTRENCH Bows- • +.. now LAB �Tl OWN T[" MAW Ac -*CE ST Ica vf7TE5 4C " le cum AND ♦ 1 • • i ♦ f ♦ • TT" • • ♦ • Y s t • t• • • . - LAMA rR NCH M@Tb+ m OR EDGE OF PA vEMENT `+} ," 3 'AEA EDGE 3' mom ' MdRAL RIGHT—OF—WAY TRENCH NOTES- tR xS MEC ED 8Y THE EmomEER u ASP4ALT PAi'GFt 1,*,XW S SHALL. BE 3 #404ES #SAM OR `' GREAT WAN £79SRW AC, OOMgVER 15 GREATER. TRENC1 1. 344 3'v 3A4WY CUT ONLY. ASP%AIILT PATCH WAY BE SJMNAIED OUTSEE WE RLlA"Y CMD WILL OR GRIND _XIS e eA4-' --ONf>?ETE PAVEMENT TO A OEPlH OF 4.15' IW ASE i f AMA No IV AT tfjw 10 SEVOW lK JF TK IWJ4C)-, OR REM4JW =tN_ 88WW ELF ASPKOkLT COW ItlE *W*W . .. k�ii m it STREETS. 'wEN � HAW- WEN AuT40RLZO FOR � ON FWL � olm THE LAW 5 WAK GRIMOING S44L ?PRE =u-i RAFm LAmE. ma simem wAT**w am sW awAvp moo w LAST 3 ' VEAIK RE MWA SEW SHALL SE SEAL_ ODAEI0 WIN SIMILAR WL WRIAL 10 VE RIMT OF W SIDE AWY Moo- CM WOW IW StliilE AREA +.rSS ll#Am ONE (t) YEAR MD ARE COkSC£RED sLL 0ftE CWT% MWAEWE QM WSW MW OF OZ MAD EAA� I A� ltE � s`�7lT`' ,A►L E)E RI AtFtt3 J`+ERi.AY O.4S' FtiR � �L t/ilE W1�F EyAiS Alice � 1fE �. E�i� CfDNt�ET£ RCiA�lYAa4Y5 SHAM. 9E RE°LAGEA3 WWT�t CLASS -C}.-1 � 9F E}�}+AA. �} C#9k.p T str 4GGORt�r�AiG£ MAC? �,REETtBIX7K SE":�WgAt 2EY!-f.i2 AWE9 !IS'°fil.EF_f? Mt ' 1�►,f Pl1iAO '32---2 �JF' �+E tt�tER�Ca� �t�$€1G +AL3R3tS A►SSt#:t:t*.i(7M ST,�Np aL ?�?AdMS Ft�' �BI_tC A IWW OWSW AGGREGATE BASE €45COK SECTION 2flt}4-72) 4 WCHES OR MAT04 EXMMG SECTION. *401EAER ^S REA `TM. 95X QTY, PLAM N MAXIMUM -t WC3t LIFTS. E)OSTM CONCREVE ERF TtM 3ENEAr4 THE ASP14Alr PAl fT Y SHAL, BE COWLEIELY REAlOWD AND REPLACED MIH CRUSHED AGGREGATE SASE 'GREEN SECTION 200-22) TO A 74040- aACIMLL SELECT 6AtCSF%.,- 95X DENS- Y, PA...iti:M Res 8 0404 LW-T, ;F TRENCH I L+3CA"EO 'A,--40E -I"E +7ADWWAY PRO*, 5OXCT ; *A T SE PPI_eVEu IC FUSH GRADE AT 9OX OEN97y. 04 PIPE MW OO SE 343) OR CATER, A—TED. PER SECTION 396-1.3 ( REl18mK). OR ?LACE: WEC CALLY TO 90% 8EWMrf LWA� SERAIL BE 'CtXA{ttY SmOWmN ON THE C+*_,am, 3 ll *WTh SkIAL_ BE ?3< 'APE 31AMETER K.JS 2 FEET FM ALL PIPE 31A WIER& ;'9PE SHALL BE CENTERED N �HE 40-1kS SilAW-j,. AL--"* Ze Alf AND COMPA1rE'1MM OF $'ACKFILL YA 'AL- {6; WAX MUM. OL5°TANCE OEVIEEN PIPS WALL sad} IRENGFi WALL 94A&L BE '3- C aS REFERENCED ?14 FTt?IdRE ='NOSEf-n FWA�L GRADES 1t1A..SS 0"HERNWSE SHOW,( IN -"Ttt3f?t_E OPA1MNGS 36' MW S SVPW PWpEh,?.AM06AGS .MC T _� MPE AS DURING WST R? 1F CLySM IN PIPE ZOVIE AAA POE SWOM AAllll 9 PAvRMENT "_A s€NT S NOT �R1AtT'€C AWtl MD911 ." --1 AA rl*� 4 =4CPM £�G 3F 0AVEMEN' _ tt€ !E. Ri3 6LIT R SEtAWL MAYS tlE PANT PATCH E EXIEWM ?£ 14E ---3GE OF P*%e T. LANE '_;NE; CURB �:tP :;L TEF- "■ +19 FT#'AAtt€R t.r 'hAa f-(3" ALL . O* Alf MArEWAL St4 ARE ML K*6w - .7�h►B1, QEN+.SJ Y N�IG+r•t aPa O.'t, ., CITY OF SAN 8ERNARDI ►'O APPRO /I STANDARD EW -EI.fVWF—NT SERI W.S--PC;`#Ul( W,t)9X&E.W;18L.L Nl*. RESTGWA T"PE10"VENT 310 - Aw - - ' ARIER1AL f #*TERLAL OR ARTMAL / Lit-AL A1" TO SMAL POST � N, rule =Ave � � 1 1� c4x,, -r-, CfTI LOW J �'' 11E� EMI ' Or, — ALL EB"ES Vie- : . ' Rees Stow Rout + s -s: Tram a Tr Wa x m tay CITY LOGO'—/ 6' � 2` AR'1ERlAL / TER}AL OR APMRIAL ; LOCAL 4T ,t E21Y Lim +�' 80ttDE7t> 1L' "mm TES's [NA BOTTOM BLADE MOUN LNG HOLZ PAr-M.RN "rat QTY LOW 2' 2" BE CEN-ERM BOTH ,BERT & -4OPiZ 6' VAX OR AS (WI!R 2A— BAR 004 ENIDS` ON WW LET-MR SPAC:NG = 'S-X (E H.W.A. STA DARC g° 9r,4- 3LAOIE iHAL-- BE 3 GAUGE 128' ALUkANLU ALLOY 4 X r 4.3 E =, .. t TF -ETM;tS 9ORDER ON GVEEN aAC fGROOV. SiCh 3L DE limAL. TED '�9RG �*N i WTENSi'Y REFIECTNE Sj '-, tNC e,--tjMAN t>ViEREAy rSEE S1 4T 2 FOR lPMTALi.Ag0N). (14-i f S' DE At.. aE 8QAuGE (,E m) FLAT ALLiiiw4ut t Ai-i-c S*"XE FACED Ml-' '*"T-E LETTERS & SOFA" ON GREEN BACKGROIAW W14 SLADE SHALL BE FABRICATED ilia HWH WIDSTY REFLECINE 31-OF`TNG *No AlrMM 1Pa �i£RL. '' (SEE SH 4 FOR "STM-LATlt3). 3 i�ETAL I moo. MOM g�y.yy pC1Y � +�OF Ay�.1�1� BERNA�y� ♦,��'NO^ g� APPR --_ � - STANDARD DES'l`EL()P�"E�I .5 ER��'L,,5-ft W1,6 .. },`1i4IA�1t J7'4T P� .�J�l #.l No. STREET NAME Sig 1 � 4 r 0 � cc A>TAC H SMN BLAMS O S"AL Pt3l.€ AT M" FRW SMEWALx USING BRA= MRIEN K;t4 BLADE €S 36' OR LOMW M L@CIM. ' S SM—TO-SIGN WtAOIET, 'l AR 3i+tTWM " 900 UP T{? t$' La), - ' .200 MIME SLOT. VANDAL--PMN BOUS M A#2. Y / POST-TO-SM BNAOCET. S41PR-U* 2W' Sal. .280' MIME SLOT> VMCAL PIS 9(XTS MW*12. @ T 'Alt Y SQ 12 GA_ HEW TO A 2' SO x 3r 30 GA. H,f). FOUNDATKft POR TLANO CONCRE7E '�LAt 5UG--E-25 X3 MAX sLUUP-5' NOTE ANCHM ii 13 - i 1 � ZW SG x 3r 09AML 4M�R xw aft "IVA � _ (/_�#_ .. yyA_ J��(} �/r I? p STANDARD p mss, [ OF SAN. l..R ARD i O APPROVED l�rFe....�.�'�..._ ,./�a.!'!o�lFo S TREE T NAME MGN 50 r tAiL f a or 19 IVT 900" uw !` f NON — ILL—UMINATED STREET NAME SIGN DETAIL I=uR MAST ARM INSTALLATION NITS WO _ - hermlid - D TA; Fi L NITS NOTE. ' , . SEE SPECIFIC ENGINEERING PLAN FOR PROPER S" NOMENCLATURE. 2. FULL---SIZE LAYOUTS OF EACH SIGN LEGEND SHALL BE SUBMITTED TO THE ENGINEER FOR APPROVAL PRIOR To FABRICATX)N. 3, SEE SHT ? OF ` FOR !MATERIAL REQUIREMENTS. * SEE SHT 4 OF 5 FOR APPROPRIATE tNSTALLAUTION. C' '�1 OF &4A" BE .:VARDINO APPROYEI3 �: G. ? STMOARfl ' L?E'i�1.4�f' A1'F `RIrTt:'�:4•--f'I STREET )VA M SIGN (D crrr sue* swN ' SWW WUM OWURM ( T3) im rE SUM 400"M OWOMM CLAW ($X OW) $m ElAmom WMT 4j%# WtACWT (SA —10W) (SA — „OW :j; ■ 4 Wrs ALTERNA TE r WSTALLA MN k 7 Z i s o ' 204AL POST ,AEw A MAST ARM •• ' INSTALLATION FRfjT_RRM UK Zftv WN"ACP , * ) FM UW ZUKORT ' (OR EOAokL) FOR A.TERNAIE «W . ML Illsom D i F CRY OF &+AVM BERN I O A"ROVED r��_�_z�� iANDARDI -) 04 STREET NAME SIG r. 1 ' r 1 z' � _ _ 1 � - S-:FR - 1 m X cr- 1 "T" tN TERSECTiON "+7 'INTERSECTION "L" INTERSECTION ' LEGEND 90UOL.E SKM WITH OR MIIFTHMT R-t 910"Z 9fIM 41H OR 101"WT R-t 1 tiQTE LOCAIM OF SIREET NAME S*MS ARE SHC AN APPt XIMA TE. ALTERNATE L.00A TK*04 TO K APPROVED B'~" Wl ENGINEER. SAL LOOA'TIOk&- ON SM OF NE & SW CORNER OF !MTERSECTfONS. FkW }U ED PRIVATE STM€'M THE WORDS -°Rt'i 4 rE STREE-r- S MALL BE 4' H$GH AW tyE0081M 3WT141N rt4F SIGN z +APtXP STET _ ARIERtA S 1 WN40? S .'Y _ ^ OLLZI -O S A GALS 1 + 10Olkm 0AW#womom sm ake lzsil2w aims BY C17Y OF SAN B rQ APP R4� ED _�Q , &tw?. STANDARC 1 F YELE1 ' tf 7 Y£R6It ,S 'C l WO RI►SI&VGMEM 504 GtiT`.' S tlF 5 1 ' SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ' STANDARD DRAWINGS r• CAST IRON COVER MARKED'WATER" (ALHAMBRA FOUNDRY NO 129506 OR EQUAL] PAVEMENT SURFACE NORMALLY OPEN VALVES-COVER TO BE COLOR BLUE wil SYSTEM SPLIT(NORMALLY CLOSED)-COVER TO BE COLOR RED _ ° a e 7 i WA wuwnua TAa n a 6" LOCKING DEBRIS CAP WITH RED WARNING TAG(SYSTEM SPLIT VALVES ONLY SEE NOTES 1 AND 2). 8"DIA.x 12'20 GAGE GALVANIZED SLIP SLEEVE 8'SCH 40 PVC PIPE i NOTES: 1. LOCKING DEBRIS CAP SHALL BE MODEL NO.LD-B BY S.W.SERVICES,PHOENIX OR APPROVED EQUAL(SYSTEM SPLIT VALVES ONLY) 2. RED WARNING TAG SHALL BE BRIGHT RED PLASTIC AND SHALL READ AS FOLLOWS(SYSTEM SPLIT VALVES ONLY): WARNING! SYSTEM SPLIT VALVE(NORMALLY CLOSED) VALVE TO BE OPERATED BY SBMWD O PERSONNEL ONLY VALVE ID NO. i NO,OF TURNS TO CLOSE I SBMWD INSPECTOR SHALL FILL-IN VALVE ID NO.AND NO.OF TURNS TO CLOSE VALVE. PLACE TAG AND DEBRIS CAP IN CAN AFTER VALVE MAINTENACE. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT DRAWING M.H.L MAY o� NUMBER C.L.R I SEPT.05 TYPICAL VALVE CAN INSTALLATION SBMWD M.H.L FEB.04 W3.3 REVISION DATE APPROVED DATE SCALE: NONE MATTHEW .LIT HFIELD RCE58079 ■ STANDARD PLANS FOR ' PUBLIC WORKS CONSTRUCTION 4' 1220 mm MIN d' (1220 mm MIN .A l��,,((�� 1RANS3iiiON ` Ex 4:1 MIN t e ' Y Ky NOTE 8 Y NO—It 2 _ ao ^ 10%* 2� CI1R6 x x € CURB FACES , , 4' (1 220 mm) ok:t] TYPE 1 AGR3 4' (1220 mm) r R Z � z R -� X1 4� ¢[¢ NOTE 8 GRADE BREAK f x NOTE: - �� 2 ' CURB ! X F 3 X CURB FACE` X 4` (:220 mm) A OR 3 SEE FIGURE 1 T YPI 2 ;ASE A PARTS OF THIS STANDARD PLAN SHOW INSTALLATION FOR TYPICAL RETROFIT CONDITIONS, AND ARE NOT FULLY COMPLIANT WITH CALIFORNIA BUILDING CODE REQUIREMENTS FOR NEW DEVELOPMENT. IF S=ANDARID p_ANS FOR Pt BUC WORKS CGtiSTRU 710N PROWULGA7M SY rHE STANDARD PLAN PUBUC WORKS STANDARDS iNC. BOOK COW M CURB Im 111-5 REV. 19S6. 2000. 2005. 200 0, 2ota USE W`H, S:ANDARD SPECIF9CATIONS FOR PUBLIC WORKS CONS-1PUCTION SHEET 1 OF ifs 1 Et BCR 2 ". �` %MAA.X €+ c 1 _ 12220 trrs` \ €- F3REAK /f NOIT 3 61 Of 61 CL AtlLA a _ 161 s iR _ `` a ,rf _ACe ViERE PLANTING AREA ISM ' ADJACENT TO T'HE CURB RAMP, USE CASE A, TYPE o f; E i 7 \ j GRADE BREAK 220 mrr) MR �a� 1 f NOTE ry ¢. PI AN f;AFG 1 � -SEA � � � u yy��[ERC' y_•171i AREA 1 ADJACENT TO T?,E CURB RAMP, TYPE 4 USE CASE A. TYPE v L I STANDARD PLANS S C•OR PJL+L FC INOFFKS vG�iSiR:.t'-+ s:f N CURB RAMP 111--5 SHEET j2 OF 10 AORB 4' 1220 mm R F �R NOT E 2 8.33% ! �� 8.33% AD E BREAK ! E f¢i 1 Xlx ¢( PLANTING AREA ,NC E= == PLANTING AREA 1 00 00 CUR ' F ' CURB FACE 4' A (1200 mm) A OR B SEE FI GURE 1 TYPE r,- PARKWAY R ¢ 1i 2% ¢ )1 a n � MAX '' z z i( 4' (1220 mm i Z PCC WALK 4 1220 mm, MIN R OIL Lx< NOTE ' F NOTE 8 f ;� PLANTING AREA ` � TYPE- 5- CUR CURB =ACE IF PLANTING AREA IS NOT ADjACElNT TO SIDE FLARE, USE 'X' PER TABLE 2 FOR THAT FLARE CASE A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLANT CURB RAMP SHEET 3 OF 10 € € 1 I s ( cv 4-1 t 3.339 tr�AX = =<_ 8.337. MAX }}, CU'R8 FACE' X. F X l 1 Flo Y€ `L 3 i s 2% + ` Vi !f TIDE 2 3 t [ s� NOTE . `UR ^ t L'L48 FACE: 1 STANDARD PLANS FOR -J1_iw. 'WORKS CONSIF.:.,.,€€vii a.ANLOA2G PLAIN CURB RAMP _ SHEET 4 3F 10 A SKEW ANGLE, a 4' SKEW ANGLE o=45' (1220 m ) OFFSET b=O NOTE 2 UNLESS OTHERWISE NOTED ON PLANS y� OC X -OTE t OFFSET, b CUR f CASE C CURE FACE X z E Y i C14 SEE DETAjL U A, B, C' OR D ' : 07 E 8 Q � $.33 t TYPE ie 5% MAX ¢€ PLANTING �' AREA REGRADE�` X=4' (1220 mrr t IF ADJACENT TO CUR PLANTING AREA, CURB FACET OTHEWISE SEE TABLE 4 I , € SE6IE DETAIL AlL AT 3, 'v OR IL ':8.33 s _ �_ 'COTE 8 5� MAX. OLd ® NOTE 2 CURPO CURB FACE TYPE 2 CASE U STA.NOAPG PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111-5 SHEET 5 OF 10 2% s E BREAK MAX,,-- 220 mm) m 9-2 0 0 E < - OR A R B < E MARKEC ' � O C) e4 - I CROSSWAL NL cq st 4• (1220 PRA N 7-NG AREA A! b! NO CURS F A CE I f X=4 f 122 ' ! 'WHEN ADiAe x-- �1220' 11 HO PLAWING AREA ...............� ' �=�V AP-K—m" CROSSWALK MAX 1 7 R. EM MARKED U 5 MAY CROSSWAILK SOT 7 Z=X \ X! —1------------ X < < ER f- —SRADE ,UR r i Ix 4' x i CURS FACES mm NOTE 8 TYPC- 0 , MARKED- C CROSSINALK D PLAN 53TAINDAiRD PLA.NS IFOR PUBi-IC WORKS C-ONSTRUC-70N STANDAR CUR13 RAMP 111 -5 SHEET 5 OF 1 �. SEE NOTE 6 PARKWAY Y T ' , - 4' 1220 mm MIN SEE EXIS I N ROULADE TOP OF ROADWAY EDGE RAMP r 5=X C f8.33� MAX -�2% MAX A.2-0 CURB AND CUTTER SEC EON A-A USE FIGURE 1 TO DETERMINE WHICH OF SECTIONS A-A, B-B SEE NOTE 6 PARKWAY � OR C-C IS APPROPRIATE. �R I Y , 4 {1220 m.im1- EXISTING ROUNDED TOP OF =' ' ROADWAY S� i EDGE RAMP DEPRESS BACK OF WALK I SEE DETAIL A., B, C OR D. 2% AX SHEET 10. }`2 0 CURB AND 'rv-1T'T=;-, SECTION B—B SEE NOTE 6` PARKWAY _r R { ` Y EXISTING f 11220 r , ROADWAY� t 4` ; LLv . �, IvfIN ,� DEPRESS BACK OF WAS SEE DETAIL A, B, C OR D, -2% MAX SHEET 10. .r A2-0 CURB AND -GUTTER SECTiCN (C/—C 7 A.' Z DEPRESS BACK OF WALK I' PCC SIDEWALK Z OR LESS Z 4' 4' Z 1220 mm 1220 rim I DEPRESS BACK €3F WALK Irk { 333 E �3��y 1 PCC SIDEWALK SEQ-.n0N S—S STANDARD PLAINS S=CR PUBLIC ')WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111 -5 SHE 7 OF 1O PARKWAY WIDTH, FT 5' 6' -r IY 9' 10' 11' 12' IS 14' 15! 16' 17* 18' 19' 20,* (1-2) WIN(1.5) (1.8) (21) (2-4) (2.7) (3.0) (3.3) (3.6) (3-9) (4.2) (4.5) (4.8) (5-1) (5.4) (5-7) (6.0% 1. Cn 2' (50 3* (75)- LLJ 4' 5- (1251- 0 E-TION A-A - S LANDING 4' (1220 ) 1< -7- 1 Siff) -2- (2'100 ICI i f 1�-, i C.) rg- (225) SSE:-C T 110 N B-B < 10' (250Y ALICULAITE Z DIMENSION -ER FO RMULA BQ1 014V r� W (275)- )- 12" 300 OR MORE E- T, A' E I NORMAL WHERE FIGURE I SHOWS USE OF SECMON B-B, FIGURE Z CURB FACE. SECTION Y-y DfMENSON AS FOLLOWS- I INCHES Y, F7 MUM b III W PARKWAY WIDTH 2- 2 WIDTH. 4- '12201 TYP 50) 14,GO' "122M MINI! _63, (-/--go) LANDING 3- (75) 4.00' (1220) MINT 3.95' (1185) Z -L(Y+Q-Wj x 0.760 1 "'r Q < W. THEN Z 0 4- MOON 9 !F 4.0C fl 220-N MIN' 5- (125) 4-17' (12775) 658- (1975) 1 5.3G' '1525) 7.90' 7- (175) 5.83' (1-7-75) 92 2765) 3' (200) 6.67' (2035) 1 10.53'3' (3160) (225) 7.50' (228511 1.84' (3555) 0' (250 a.33' (254-G) 13.16' (39 550 1 ,4.47' (43440) 12* "341G) 10.06 (3050) f 15-79' (47351 SEE SHEET 9 FOR STREET SLOPE ADJUSTMENT FACTORS, ALL STREETS .TABLE 1 - X AND I VALUES TABLE 1 REFERENCE FORMULAS: X = CF f 8-3333% Y = CF (8-3339 - 2% WALK CROSS STLOPP., STANDARD PLANS FCIR PUBUC NORMS CONSTRUC710N STANDARD PLAN CURB RAMP 11 -41 -5 EHE-7- 8 �F TO i 4' 1220 mm 1 Z-DOWN j iZl)pf 1 GRADE BREAK 1 T M IT Cu CT F CURB ACE SLOPE, S x.DOWN I l x.�,FP �• 4'�-•7 (1220 mml' T YPil�,i{ CURB' RAMP x.DOWN X.UP BACK OF WA K F J r GU TTUR SECTION T-T FLOW LANE 1 SLOPED STREET FOR SLOPED STQ"}'S, eMUL H LV IF[ DIMENSIONS PARALLEL TO THE STREET, X AND Z, UPSTREAM AND DOWNSTREAM OF TF iE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE. FOP, EXAMPLE, kDOWN = X x K.DOVN S K.DC-AN K.UP 1 0% 1.000 1.000 0.2% 0.977 1.025 0.5% 0.943 1.064 1% 0.893 1.136 1 2% 0.80E 1.316 3% 0.735 1.503 4% 0.675 1.923 5% 0.025 2.500 1 TABLE 2 - SLOPE ADJUST,IME-y T S 1 TABU 2 REFERENCE FORMULAS: K.DCWN = 3.333% / ;8.333% .I. S), K.- P = 8.333% / 18.333% - S) 1 STREET SLOPE ADJUS T ME_NTS i STANDARD PLANS FOR PUBLIC 'NORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111 -5 SHEET 9 OF 10 12, (305 mm I @ -(19 min) C4 w 0.90' �siLit; I @ @ @ (23 mm'! @ SINGLE PATTERN 'MUNCATED DOME* 1/4 1/4' L-j (6 mm) (6 mm) 2-35'76— A GROOVING9 Q.t�TAJIL Dom M)E TECTABLE WAfRNING L"t- f-1•1- CONSTRUCT FENCE CIR HANDRAIL PER CONTRACT PLANS mm) I.—PAVED SURFACE RE CURB PAVED SURFACE TAINING CU r" Q r I Ad; A M GRADED SLOPE 2:1 U, mmi MAX —UNPAVED SURFACE RETAINING CURL? 'A v- L, SURFACE ,'AH r'j err I)f:'T A I HIA- ow GENERAL SNOTEq- 1. CONCRETE V TE HAUL _ASS rl! 11-2500 f3lo_C_47)1 CONFORMING T-,, 520-- 1 1� SSPWC 201-1 1.2 AND SHALL BE 4" 1 k" 00 mm) THICK. . THE RAMP SVAI t HA1,FE :4 12' '3035 mm), WIDE BORDER WITH 1/4' (6 mm GROOVES APPROXIMATELT 3/4 (19 mm) OC. SEE GROOVING DETAIL `E RAMP SURFACE SHAH HAVE A TIRANSTVERSF BROOMED SURFACE TEXTURE CONFORMING TO SSPWC 303-1.9. 4, USE DETAIL 'A' OR "S' !F EXISTING SURFACE BEHIND LANDING IS PAVED. 5. USE DETAIL 'C" OR 'D' IF EXISTING SURFAICE BEHIND LANDING is UNPAIIIED. 5, R = 3' (900 mm) 'UNLESS fl.- EET IHERWISE SHOWN ON PLAN, SEE T. 7. ANGLE = 'C�/2 UNLESS OTHERWISE SHO^� ON PLAN. SH L- i I S. CONSTRUCT DETECTABLE WARNING SURr-%A'- PER DETAIL 17HIS SHEET- MATEPIALS SMALL BE PER CONTRACT DOCUMENTS -ZTANDA S il'14;� —` FOR WORKS Cl-ONSTRUCIPON RD P�.N %—.o'p'URB RAMP 1111 —5 3HEE7jG0FlG CALTRANS STANDARD PLANS 1 2010 STANDARD PLAN A20A w= N o z a V fff V w MWW N a _ r YZJ a `o uj zcr i l* _ N 9 -� 0 Z Oy Q ti ui l - W ��1 ° = m a �n U G E o x r �¢ �� U y W \co Eo �� Z Q J a' z W `? 0 0 C4 W �.Q i «a -_ a W V O j'' P_ W - OHO I� ¢ G 1 W W w a w . �� 2 p Z Z s a 1. 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NI m E a s c ] °Eg `c � °m 03llIn03H °w a °oC =° = V En C+a t: -°DC Nld3 1= v cn 3 o c cmm av O oa 1- r� m° �w ggo co c ❑ me cpQ -pp c ®� ca v C. `_' aE 8 U° 9O� 00 L v Lm� °`a W O 9m VC o° 10 2Gw S c ac8 - a r0 3 �� a 4px t 0 Vo um w� mg o" 2® }n G c} + ° z•II G ¢ L c Niv a ag + nav «mE ca }o °o ¢ d t ® 'omu Lp c ' on a me _C vv `o+ L H z m m ca' -° oa co �°_° n cn°o -Lg D° °o� o°° �9 via Z O J- at:' O nm E+ cc c ono $+ ° ma` o+ o`vo C t0= ❑O OL 00 O CC Oa m U 00 U ° J L - Oa CCC nU- « }x O-t a OC p- 0u UIW o o °oa°m vn° ° c� • °m= °v� L°o 8 °n al9 E a m` 10 °= 03NIf103 N o aL vn + o ° so .01 SY XLd30 O oo PLC °= E an m o0 •aa a+@ m-L 9a1 w@ _ �• oa wa g`rva 000 in❑ <° °•3° CZ� _ <P - HO W N WO 0+ 00 iC CO•= I 448 2010 STANDARD PLAN ES-50 3 J p p W -< -co <- O _ V W z l3Arat ja F- f- � nO[ireala u m IL) W F nrid a -id Nc:n3n[c W W J � 0 J D W < a a ~ - �� v¢ a`o Z d I J L f 3 r w F J.� o J o J�z �� 3�z U j z o Z, Z a Q - p r U i Lat-7, N o LLI W U W J 0 W Q a. Q ~ J J _ F> O 0 Q a. ro o0 W W_~ 3 W H a `o z u c- = c°c C VO U ,} i _ _ o c J Q F- W Q E �; b cr mb• O La 9 C i'] Z) _ F O m 9 O 2 LL O Om t ¢ Z me m o cr w m U W m mm`o LLI cam o W c° 0 c� LLJ z Q m rmm ° tc W y m c0 COO O•m Q N ~ o O LLb bC Z p W O .la O OW �l W J O _ v¢ OW Z 0 ]Jp t0 o W na:o v� W Z CL ° Z oY5 3 c i:X UW LL ~ , Nb0 mD ' 449 . SURVEY DOCUMENTS I I ' SURVEY MONUMENT PRESERVATION GUIDELINES CALIFORNIA LAND SURVEYORS ASSOCIA TION & CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA Joint Professional Practice Committee - Riverside/San Bernardino and Desert Chapters (In Cooperation with the Riverside &San Bernardino County Surveyors Office) 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 subsection 2-9 "SURVEYING" ofthe 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 (L) 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 (should) 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(Item 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. 1b4 VZ4 CORNER RECORD DOCUMENT NO 9 5 0 1 0 1 COUNTY OF SAN BERNARDINO CALIFORNIA N O T� � DE.v o rc,s T,eANSi TG iniE S/E.P SPA WA Y NUJ' LD,S OVE,Il T"/E D/.SEANCES 7"/�S C�'ECfCEQ /� 9-95 BY T DQ V/-5- �! f ' FD LEA Fo L-r= - o,iTC,It $Fr v§Tacit owl_C E L.`( OF THE 5 C R AT W LY � 4Frtf,/ LYor:-rH�ECQ � PLR C 1-rYT,ET D,ATEp AGE of A DRtvCwA { peGL ' ;�-v-Sc7� CITY T+ES DATt:o JO (. B9 5 STREET =0 MAN Hot,E PAR C,rY TreF� OAT"ED 10-,r. 89 ¢ 4- 13 -83 5w-r X-T1E NA tLS -' 6 9S! - �'y 0- e tiY k � Fo LEAV 4TACr<o.�T C j tY� IE L EA a t�?-Ac Ir e.I7C 24 OPr -3 OFT ilAJ LY OF-rHc= 13 1�, V Y o�TryE C t pax C,?y C,TYT,ES DATED T,ES VATED O- � iD � `g9 i -`89 O * L.S. 5274 y i t!► FX,- �S Q OF riitto� SURVEYOR S CERTIFICATE COUNTY SURVEYOR S CERTIFICATE THIS CORNER RECORD WAS PREPARED BY ME OR THIS CORNER RECORD WAS RECEIVED ,JAN 2 0 1995 UNDER MY DIRECTION IN CONFORMANCE WITH THE 19 p LAND SURVEYORS ACTON LI/VLA R f 9 A INS FILED ( 19 19 �.AS 5F1RilEYPJ?P, rYCHlEFFtsR THE CrtY OS +NC z/L ,�L�l/t�'D GJ� BY SIGNED TITLE n ,j ►I I n� _ /o COUNTY SURVEYOR S STATEMENT `t LS SHEET 2 OF 2 ' CONTRACT AGREEMENT t AGREEMENT ' CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 2� day of 5anup�N , 20j-1, between the ' City of San Bernardino(owner and hereinafter"CITY"),and ;M 1C• (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 TRAFFIC SIGNAL UPGRADE ' AT 9TH STREET AND SIERRA WAY ( TC12 - 001 ) in strict conformity with Plans and Special Provisions No. 12810 . and also in accordance with Standard Specifications for Public Works Construction, 2015 Edition, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications ' are hereby especially referred to and by such reference made a part hereof. 2. CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full ' compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every ' description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions,and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion,sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person ' claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, Which may result in the termination of this contract or such other remedy,as recipient deems appropriate. AGREEMENT: TRAFFIC SIGNAL UPGRADE AT 9Tn STREET AND SIERRA WAY ( TC 12 - 001 ) 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 1,VHEREOF, 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: �j BY: MARK SCOTT City Manager BY: TITLE: P()es0d�Secr`efiar�-��su -e►- ATTEST: MAILING ADDRESS: l✓: y2 c>-I-q A y-en i" W v0.t o&o ORGEANN ANNA ' Syu 1'e— A City Cler -Ve rry2C�,A(a., oq G25'ct o PHONE NO.: (G5I ) 2a ko-al q O 9 APPROVED AS TO FORM: ATT T: G D. SAENZ, City Attorney Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. r CONTRACT po AGREEMENT �i AGREEMENT ' CITY OF SAN BERNARDINO ' THIS AGREEMENT is made and concluded this Z3 day of S Goa 20 1� between the City of San Bernardino(owner and hereinafter"CITY"),and DUX .�1r1 ' � (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and eperformed 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 TRAFFIC SIGNAL UPGRADE AT 9T11 STREET AND ARROWHEAD AVENUE(TC12-002) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(051) in strict conformity with Plans and Special Provisions No. 12811, and also in accordance with Standard Specifications for Public Works Construction,Latest Edition, on file in the Office of the City Engineer,Public Works ' Division,Department of Development Services 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 t 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: TRAFFIC SIGNAL UPGRADE AT 9TH STREET AND ARROWHEAD AVENUE(TC12-002) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(051) 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: BY: Mark Scott, City Manager City of San Bernardino TITLE: Th�USUj,61' ATTEST: ' MAILING ADDRESS: 1�zoZ� AVene&RW ay dd D Georgeann Hanna ' City Clerk R &CID PHONE NO.:.O�) 2q 19-CtCIM APPROVED AS TO FORM: ATTEST: Gary D. Saenz, City Attorney L^ Secretary NOTE: Secretary of the Owner should attest. r„ If Contractor is a corporation,Secretary should attest. 1 L . 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 Riverside ) On January 23, 2017 before me, Phyllissa Martz, Notary Public Date Here Insert Name and Title of the Officer personally appeared James C. Perry Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rAecmPHYLLISSA MARTI Notary Public -California 0�u t �1 Riverside County > Signature rAff Commission#2159844 Signature of Notary lic M Comm.Expires Aug 11,2020 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: City of San Bernardino Contract Document Date: January 23, 2017 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James C Pew Signer's Name: [ Corporate Officer — Title(s):PresidenUSecretary/Treas. ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — E Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney irrFact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian.or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907