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HomeMy WebLinkAbout1997 Special Provisions Project T5K051 T6K053-001CITY OF BAK~ERSFIELD ~ cALIFoRl1fIA . 4 NOTICE TO CONTRACTORS, SPECIAL PROVISIONS, BID PROPOSAL AND CONTRACT FOR INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT - VARIOUS LOCATIONS New Stine Road/Stine Road -White Lane to Stockdale Hi hwa CMLN-5109 023 g y ( } Ming Avenue -New .Stine Road to Castro Lane CMLN-5109 021 ( ) `White Lane -Wilson Road to Wible .Road CMLN-5109 (022) Stockdale Highway - Gosford Road to California Avenue CMLN-5109 (008) Coffee Road - Stockdale .Highway to Truxtun Avenue CMLN-5109 (020) ~-Mohawk Street -California Avenue to Truxtun Avenue CMLN-5109 (033) BID OPENIlVG: DATE March 26,1997 TIlVIE 11:00 A.M. PROJECT N0. T5K051 & T6K053 CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT ~O~ ~ ! ~ OQ '~l ANNEX BUILDING, 2ND FLOOR ~ ~4, ~ • 1501 TRUXTUN AVENUE ~ ~ ~ ~ BAKERSFIELD, CALIFORNIA 93301 Project Engineer: Brad Underwood ~ No. 32300 ~ Telephone: (805) 326-3993 Filename: .1 ro'ectslbradlt5kO51t6.053 g' p ~ EXP.~2' ~o° ~ V' ~,Q` GIUI~ ~ 0~ cA~1~ CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M, on March 2b, 1997, to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS Plans and specifications, and forms of ~ proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of zero dollars ($0.00) for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days from date of bid opening and the documents are in reasonable good condition. The Ciry .assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications. Each bid must be accompanied by the following items: a. A proposal guarantee in accordance with the requirements of Section 2-1.07, "Proposal Guaranty" , of the Standard Specifications; b. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification; c. Certificate of Assurance with Regard tQ Participation by Disadvantaged Businesses in Subcontracting; d. Noncollusion Affidavit; . ~ e. MBE/WBE Reporting Form; and . f. Good Faith Effort Statement of DBIWBE Participation. g. Certification for Federal Aid Contracts. .The City of Bakersfield reserves the right to reject any or all bids. Bids are ~ required on the entire work described herein. Substitution of securities for moneys retained- to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. ~ Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention", included in the back of these special provisions. -The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded. The proposed work shall be done in accordance with the Standard Specifications of the Department of Transportation, Business, Transportation and Housing Agency, dated July, 1992, insofar as the same may apply. 2 This project is federally funded. N[inimum wage rates for this project as predetermined by the Secretary of Labor are set forth in the special provisions. Pursuant to .Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. A sample contract is include in this bid package. Please review it carefully, this is the contract the Contractor shall be expected to execute without alteration. If any changes are desired they must be submitted to the City for approval. If approved, the changes will be issued to all prospective contractors. Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal. Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining of a different Contractor by the City. 3 GENERAL DESCRIPTION OF WORK The work to be performed consists, in general, of installation of conduit, pull boxes, conductor cable, modems and detectors, removal and construction of concrete sidewalk and wheelchair ramps and placement of asphalt concrete. CITY OF BAKERSFIELD RAUL M. ROJAS Public Works Director 4 CITY OF BAKERSFIELD, CALIFOR1vIA DEPARTINIENT OF PUBLIC WORKS SPECIAL PROVISIONS ~FCTION 1-DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992" , as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms", of the Standard Specifications shall apply, except whenever the following terms or pronoun$ are used, the intent. and meaning shall be as follows: City -City of Bakersfield, California. Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield. Director -City Engineer. Engineer -The City fir, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract. Standard Specifications -Standard Specifications of the Department of Transportation, Business, Transportation and Housing Agency, dated July, 1992. State -The City of Bakersfield. -State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. Other terms appearing in the Standard Specifications., the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. S . SECTION 2 -PROPOSAL REOUIREME~ 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11;00 o'clock A.M. on March 26, 1997, sealed proposals for: . INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS 2-1.OZ APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to :examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 RIEJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or .alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected. The right is reserved to reject any and all proposals and waive any irregularity. 2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals must give .the prices proposed and must be signed by the. bidder, with his address. If the proposal is made by an individual, his name, telephone number and post office address must be shov~n. If made by a firm or partnership, the name and post .office address of each member of the firm or parriiership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business . addresses of the president, secretary and treasurer. For record keeping purposes, the proposal is divided into six (6) sections, one for each project location. The Bidder shall indicate the sub-total for each section and the project total on the appropriate lines in the proposal form. 2-l.Ob BIDDER' S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Pro sal Guaran made payable to the City of Bakersfield, for an amount equal to at least ten percent (10 % } of the Po ~Y . amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. 2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal 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 'h of one percent of his total bid orten-thousand ($10,000} dollars, 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 Proposal. 6 ...Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 BID SUBMITTAL ITEMS. All- submitted bids shall include the following, completed forms: ~ ' • Proposal Form; • Bidder' s Bond Form; • Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification; • Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting; • Non-Collusion Affidavit Form; • MBEIwBE Reporting Form; and • Good Faith Effort Statement of DBIwBE Participation. • Certification for Federal Aid Contracts 2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. 2-1.10 V~ITHDRAVVAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing De artment. The written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly P authorized representative.. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening: of bids. 2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors" . Bidders or their authorized agents are invited to be present. 2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5.100 to 5107, inclusive, concerning relief of bidders and in particular to the- requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person., or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of com etent 'urisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in P J violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of an ublic works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, YP including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract . under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to.in this section within the preceding three (3) years. 7 A form for the statement required by Section 10285.1 is included in the proposal. 2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. 2-1.14 DISADVANTAGED BUSINESS. This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs" . The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: a. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; b. A DBE bidder, not bidding as a joint venture with anon-DBE, will be required to meet the DBE goal through subcontracting or material purchases or make good faith effort to do so; c. A DBE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; d. A DBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. The DBE joint venturer must submit either schedule B of the Code of Federal Regulations or California Department of Transportation Office of Civil Rights form entitled "Minority/Disadvantaged/Women Business Enterprise Joint Venture" ; e. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; f. Credit for a DBE vendor of materials or supplies is limited to sixty percent (60 of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods; g. Credit for trucking by DBE's will be as follows: 1) The amount to be paid when a DBE trucker will perform the trucking with his/her own trucks, tractors and employees. 2) One hundred percent (100%) of trucking costs will be allowed for all trucking acquired through certified DBE trucking brokers. h. A DBE must be a California Department of Transportation certified DBE on the date bids for the project are opened before credit may be allowed toward the DBE goal. The Department's DBE Directory identifies DBE's which have been certified. Others may also qualify for certification but must be certified before bid opening. The DBE directory may be obtained from the DEPARTMENT OF TRANSPORTATION. Material Operations Branch, Publication Distribution Unit 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone (916) 445-3300; ' S . i. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach. j, Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or .women, 2-1.15 DBE GOAL FOR THIS PROJECT. The Department has established the following goal for disadvantaged businesses (DBE) participation for this project. DISADVANTAGED BUSINESS (DBE) ten percent (10%). It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goal for DBE participation. The Department has contracted with the following organization to assist DBE's in preparing bids for subcontracting or supplying materials: TRIAXLE MANAGEMENT SERVICES, INC. -LOS ANGELES 2594 Industry Way, Suite 101-A Lynwood, CA 90262 Telephone: (310) 537-6677 FAX N0. (310) 637-0128 Bidders may utilize the services of this organization to contact interested DBE's. 9 SECTION 3 -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. The language refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50 of the contract price and shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code. Whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and .material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds and certificate of insurance documents, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. The Commercial General Liability & Workers' Compensation insurance policies should contain additional insured endorsements in favor of the City, its mayor, council, officers, agents, employees and volunteers, as required in these specifications. No proposal shall be considered bin ' u n the City .until the execution of the contract. All contracts shall be considered as being made and entered ~ ~ ,into in the City of Bakersfield, California. Failure to execute a contract, file acceptable bonds and submit certificate of insurance as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER' S GUARANTEES. Within ten (10) days after the award of the contract, the City of Bakersfield will return an monies or form for deposit of money that are not to be considered in making the award. Y All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. accompany. SE TION 3-2 SUBMISSION OF DBE INFORMATION. AWARD, AND EXECUTION OF CONTRACT 3-2.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract" , of the Standard Specifications and these special provisions for the requirements and conditions concerning submittal of DBE information, award, and execution of contract. The required DBE information shall be submitted on the "BIDDER -DBE INFORMATION" form included in the proposal. If such DBE information is not submitted with the bid, the DBE information form shall be removed from documents prior to submitting the bid. 10 It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so. 3-2.OlA DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful bidder low bidder) the second low bidder and the third low bidder shall submit DBE information to the office at which bids ( were received so the information is received by the Department no later than close of business on the fourth day, not including Saturdays, Sunday and legal holidays, following the bid opening. DBE information sent by certified mail and stmarked on or before the third day not including Saturdays, Sundays and legal holidays, following bid opening Po will be accepted even if it is received after said fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal non-responsive. Other bidders need not submit DBE information unless requested to do so by the Department. when such request is made, the DBE information of such bidders shall be submitted so the information is received by the Department no later than close of business on the third day, not including Saturdays, Sundays and legal holidays, after said notification, unless a later time is authorized by the Department. The bidders DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal d also include their Doti faith efforts information along with their DBE goal information to protect their eligibility shoal g for award of the contract in the event the Department, in its review, finds that the goal has not been met. The information to show that the DBE goal will be met shall include the names of DBE's to be used, with a complete descri lion of work or supplies to be provided by each and the dollar value. of each such DBE transaction. When 100 P ercent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion P of said work to be rformed or furnished by that DBE shall be included in the DBE information, including the planned location of said work. (NOTE: DBE Subcontractors to whom the bidder proposes to subcontract portions of the work in an amount in excess of one half of one percent of his total bid or ten-thousand dollars ($10,000), whichever is eater, must have been named in the bid. See section entitled "Required Listing of Proposed Subcontractors" in Section 2, of these special provisions). The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: Th names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in a. e which a request for DBE participation for this project was placed by the bidder; b, The names and dates of notices of all certified DBE's solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBE's were interested. c. The items of work for which the bidder requested subbids or materials to be supplied by DBE's, the information furnished interested DBE's in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate DBE articipation. where there are DBE's available for doing portions of the work normally performed P by the bidder with his own forces, the bidder will be expected to make portions of such work available for DBE's to bid on. d. The names of DBE's who submitted bids for any of the work indicated in (c) above which were not acce ted a summa of the bidder's discussions andlor negotiations with them, the name of the p ~ for the bidder' s subcontractor or supplier that was selected for that portion of work, and the reasons choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and the rice bid by the selected subcontractor or supplier. Since the utilization of available DBE's is P e cted, only significant price differences will be considered as cause for rejecting such DBE bids. ' 11 . e. Assistance that the bidder has extended to DBE's identified in (d} above to remedy the deficiency in their subbids. f. An additional data to support a demonstration of good faith effort, such as contacts with DBE Y assistance. agencies. 3-2.O1B AWARD OF CONTRACT. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for DBE articipat'ion or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being P eligible for award of contract. 3-2.02 PERFORMfANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the Contractor in response to the requirements in the section of these special provisions entitled "Submission of DBE Information, Award, and Execution of Contract", which are determined by the Department to be certified DBE's, 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: a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses 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. b. The listed DBE becomes bankrupt or insolvent. c. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. d. The Contractor stipulated 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. The work rformed b the listed subcontractor is substantially unsatisfactory and is not in substantial e. pe y conformance with the plans- and specifications, or the subcontractor: is substantially delaying or disrupting the progress of the work. f. 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 orb other forces (including those of the Contractor) pursuant to prior written authorization of the y Engineer. 3-2.03 DBE RECORDS. The Contractor shall maintain records of all subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. U n com letlon of the contract, a summary of these records shall be prepared on Form HC-43 and certified correct 1~ P by the Contractor or his authorized representative, and shall be furnished to the Engineer. 3-2.04 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Standard S ecifications, Section 2, "Proposal Requirements and Conditions," Section 3, "Submission of DBE p r visions. Information, Award, and Execution of Contract" ,elsewhere in these special p o 12 ,The requirement in the third paragraph of said Section 8-1.01 that the Contractor shall perform with his own organization contract work amounting to not less than fifty percent (50%) of the original contract price is not changed b the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" , ,y in Section 6-2 of these special provisions that the Contractor perform not less than thirty percent (30%) of the original . contract work with his own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts", in Section b-2 of these special provisions. This requirement shall be enforced as follows: 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 DBE information furnished under Section 3-2.O1A "DBE Information" of these special provisions is in addition to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting" , and Section 2-1.07, "Required Listing of Proposed Subcontractors" , of -these special provisions. In accordance with the Federal MBE regulations Section 23.45(f~(2) Part 23, Title 49 CFR; a. No substitution of a DBE subcontractor shall be made at any time without the written consent of the Department, and b. 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 2-1.13(H), "Disadvantaged Business" , of these ~ special provisions that- DBE's must be certified on the date bids are opened does not apply to DBE substitutions after award of the contract. 13 SECTION 4 - BEGIrJNING OF WORK; TIME OF COMPLE IT ON . ANO LIOUIDATED~ 41.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work" , Section 8-1.06, "Time of Completion",and Section 8-1.07, "Liquidated Damages", of the Standard Specifications, and is specifically hereby made a part of these special provisions. ~ . The first paragraph of Section 8-1.03, "Beginning of Work" , of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Conractor shall diligently prosecute the same to completion before the expiration of eighty (80) working days. Contract working days will commence from the date the Cor~ractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall pay to the City of Bakersfield the sum of two-hundred fifty dollars ($250) per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. . Full compensation for confornung to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 14 SECTION 5 -GENERAL 5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Secction 1-1.40, "State Contract Act",and Section 9-1.10, "Arbitration", of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parries, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of ten- thousand dollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds twenty-five percent (25 of the original contract amount, must be authorized by the City Council. 5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Work", of the Standard Specifications and these special provisions. Section 5-1.02, "Plans and Working Drawings" , of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the ~r before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer, Section 5-1.07, "Lines and Grades", of the Staaridard Specifications is amended by adding the following paragraph after the first paragraph: . Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer, If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1.07, "Lines and Grades" , of the Standard Specifications is amended to read: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable. length of time in advance of starring operations that require such stakes or marks. In no event, shall a notice, of less than twenty-four (24) hours be considered ~a reasonable length of time. Section 5-1.08, "Inspection" , of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection maybe provided. Any work done in the absence of the Engineer will be subject to rejection. 5-1.04 PREVAILING WAGES. Pursuant tQ Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours labor shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep ari accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtimme to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule 15 ✓ is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in an wa with the Ci 's right to investigate conformance with the wage provisions of this contract. Y Y ty Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: a. FIF'f Y DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (S) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01 A(3), "Payroll Records" , of the Standard Specifications is deleted and shall not apply to this contract. - AB R NONDISCR[MINATION. Attention is directed to Section 7-1.0 lA(4), "Labor Nondiscrimination" , 51.06 L 0 of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to im lement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements P in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.O lA(5), "Apprentices" , of the Standard S cifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1~ , 1777.6; and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following: a. A co of a "RE VEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO pY Q EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS" . This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards. on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications. b. 'A co of an approval to employ and train apprentices from the local Department of Industrial pY Relations, Division of Apprenticeship Standards. c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents. . ontractor shall com 1 with Section 6705 of the Labor Code which provides that 51.08 TRENCH SAFETY. The C p y the Contractor's responsibility shall be as follows: If the contract rice for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND P DOLLARS ($25,000) for excavation of any trench or trenches five (5) feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shorin , bracin ,sloping or other provisions to be made for worker protection during the excavation of the g g trench has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer. 16 R ~ . If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effectivethan - that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms "Public Works" , and "Awardin Body" , as used in this section, shall have the same meaning as in Labor g Code Sections 1720 and 1722 respectively. 5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.0 l I, "Sound Control Requirements" , of the Standard Specifications 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 eighty-six (86) dba at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement 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 si s shall be avoided in favor of light was except those required by safety laws for the protection of personnel. l 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. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due .and lawful prosecution of the work from any and all overnmental organization which require such permits, licenses or fees. The Contractor shall procure a business g license in the City of Bakersfield. - HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Mondav 5.1.11 WORKING r i .Any deviations must be requested in writing and directed to the Construction Engineer at the Pre-Job .Conference. Written approval from the Construction Engineer is required for work beyond these limits. An -time work proceeds, which requires inspection services for more than an nine and one-half (9112) hour work y .day, or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges, and said charges may be withheld from contract retention. -1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State 5 and National laws and all municipal ordinances and regulations of the City Qf Bakersfield which in any manner affect those a ged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. - TOR'S INSURANCE. The Contractor shall not commence work under this contract until he has 51.13 CONTRAC .obtained all insurance required under this section and the required certificates of insurance have been filed with and a roved b the Ci Risk Manager and the Public Works Department, nor shall the Contractor allow any PP Y tY Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved b the Ci Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under y tY all required insurance policies. . 5-1.13A INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and em loyees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any p of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused 17 by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies in the performance of, . or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a parry indemnified hereunder, except as limited by California Civil Code § 2782. . 5-1.138 INSURANCE. In addition to any other insurance or bond required under by this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: a. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall: 1) Provide coverage for owned, non-owned and hired autos. 2) Provide contractual liability coverage for the terms of this Agreement. b. ~~oac1 form commercial generall' ility insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall: 1) Provide contractual liability coverage for the terms of this Agreement. 2) ~ Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. c. Workers' comnensadon insurance with statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in favor of the City, its .mayor, council, officers, agents, employees and volunteers. All policies required of the CONTRACTOR. shall be primary insurance as to the City, its mayor, council, officers, agents, employees, or volunteers and any insurance or self insurance maintained by the City, its mayor, council, officers, agents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with lt. ~ . Insurance is to be placed with insurers with a Bests' rating of no less than A:'~II. Any deductibles, self insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the City in writing. All policies shall contain an endorsement providing the City with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. The insurance re aired hereunder shall be maintained until all work required to be performed by this Agreement is q satisfactorily completed as evidenced by written acceptance by the City. The Contractor shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required under the Agreement. ~ This certificate with the required endorsements must be returned with the executed contract as specified in Section 3-1.04', "Execution of Contract" , of these specifications. The City may withhold payments hereunder if certificates of insurance and endorsements required in the Agreement are not maintained 18 .Unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City has approved lesser insurance requirements for Contractor. 5-1.14 CONTRACTOR' S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake" , of the Standard Specifications is deleted and shall not apply to this contract. 5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor -shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice,, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative, may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any .surplus .remaining after all just claims for such completion as determined by the Engineer have been. paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to.unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 19 5-1.20 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments" , ,and Section 9-1.07, "Payment After Acceptance" , of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials andlor labor; d. Information causing reasonable doubt that the contract can be completed,for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. when any and all such causes are removed, certificates shall be issued for amount withheld. The fifth paragraph in Section 9-1.07B, "Final Payment and Claims", of the Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work doge thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial esstimmates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof. 20 5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price" Third paragraph of Section 18-1.05, "PAYMENT" . Fourth paragraph of Section 24-1.11, "PAYMENT" . Eleventh paragraph of Section 39-8.02, "PAYMENT" . 5-1.23 HAZARDOUS MATERIALS. The Corrtractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. 21 SECTION 6 -CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials" , of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section b-1.07, "Certificates of Compliance" , of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. 6-1.04 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 1 b5) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the- work on this project shall occur in the United States. A Certificate of Compliance, conforming to the provisions in Section b-1.07, "Certificates of Compliance", of the Standard Specifications, shall be furnished for steel materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the material occurred in the United States. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the cost of such materials used does not exceed one-tenth (0.1 of 1 percent (1 of the total contract cost, or $2,500, - whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quality and value of any foreign steel prior to incorporating such materials into the work. 22 SECTION 7 -CONSTRUCTION DETAILS 7-1.01 RELATIONS WITH KERN COUNTY. The City has applied for a permit for work within the County right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. The Contractor shall comply with all the provisions of said permit. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.02 RELATIONS WITH THE STATE OF CALIFORNIA. The City has applied for a permit for work within the State Highway right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. Any subcontractors which will do work within State Highway right of way must be listed on the Contractor's ermit or they will be required to obtain their own permit. The Contractor shall comply with P all the provisions of said permit. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered ~ as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.03 OBSTRUCTIONS. Attention is directed to Section 8-1:10, "Utility and Non-Highway Facilities" , of the Standard Specification, the plans, and~the special provisions. The Contractor shall be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions in Section 7-1.11, "Preservation of Property" ,and Section 7-1.12, "Responsibility for Damage" , of the Standard Specifications, the Contractor shall be liable to owners of such facilities and im rovements for an dams a or interference with service resulting from conducting his operations. P y g The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The. Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the . plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed. Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor shall contact the ~Ci Parks Division at 326-3117 for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities. Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines andlor wiring and replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation interruption. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 23 PAYMENT, Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the unit prices .paid for various items of work and no additional compensation will be allowed therefor. 7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways" , published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience" , of the Standard Specifications, shall be amended to read as follows: Construction operations requiring lane closures shall be actively in progress only between the hours indicated below, Monday through Friday, except legal holidays. pirection of Travel H New Stine Road Northbound 8:30 A.M. - 4:30 P.M. Ming Avenue Eastbound 8:30 A.M. - 4:30 P.M. White Lane Westbound/Eastbound 8:30 A:M. - 4:30 P.M. Coffee Road NorthboundlSouthbound 8:30 A.M. - 4:30 P.M. Locations not specified will be allowed to have one lane closed prior to 8:30 A.M. Where construction operations are actively in progress, a minimum of one-traffic lane, not less than twelve 12 feet in width, shall be o en for use by public traffic. Where construction operations are not actively in P progress all lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations. Maximum length of lane closures and minimum distance between lane .closures may be restricted by the Engineer. In order to a edite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, tem ora railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. p rY Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the Ci ,the si "Road Construction Ahead", No. C-18, and "End Construction", No. C-13, shall be furnished, . ~ installed and maintained by the Contractor at locations as directed by the Engineer at least forty-eight (48) hours in .advance of any construction. The Contractor shall report all accidents to the Engineer. 24 PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities" , of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYIVIENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. - LEAKING AND GRUBBING. Clearin and bbing shall conform to the provisions in Section 1 b, 71.06 C g ~ "Clearing and Grubbing", of the Standard Specifications and these special provisions. Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.07 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. . In residential areas, aself-contained, pick-up type, power broom with water distribution system shall be used. Tem ra sus erasion of the work, either as a result of order by the Engineer, or as a result of conditions beyond ~ rY P the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.08 FINISHING ROADWAY. Finishing roadway shall conform to the provisions.in Section 22, "Finishing Roadway" , of the Standard Specifications and these special provisions. In addition to the conditions, rovisions and requirements of Section 22-1.01, "Description" , of the Standard p Specifications, the following shall apply: ' 25 The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess andlor objectionable material originating within the project limits and transported by~public traffic _ J or by the Contractor's operations. . The Contractor ma use an method, approved by the Engineer, that does not create a dust problem to Y Y remove the excess and/or objectionable material from the affected areas. However, in residential areas, when a broom is used, a self contained, pick-up type, power broom with water distribution system shall be used. PAYMENT. Full compensation for Finishing Roadway as specified will be paid for at the contract lump sum rice which rice shall include full compensation for furnishing all labor, materials, tools and equipment and for p P doing all the work involved in Finishing Roadway as specified. LANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs, median curbs, 71.09 MISCEL sidewalks wheelchair ram s, cross drains, drive approaches, driveways and miscellaneous construction shall P conform to the rovisions in Section 73, "Concrete Curbs and Sidewalk" , of the Standard Specifications and these p s ecial rovisions. Concrete curbs, median curbs, curb and gutter may be constructed by the fixed form method P P orb extrusion or sli forming. However, it is required to use equipment which is controlled automatically for Y p ali ent ade and cross slo a by sensing from preset string lines for construction using the extrusion or slip ~ p .form methods. MEASUREMENT AND PAYMENT. amities of Minor Concrete used in wheelchair ramp construction including breakdowns in curb and gutter shall Qu be considered as Minor Concrete (wheelchair Ramp) and paid for at the contract price per each of Minor Concrete ' ' n 4-1.03B 1 and 4-1.03B 2 of the Standard Specifications shall not apply to this item . (wheelchair Ramp). Sectio ( ) of work. Payment for this item of work will be made only at locations specified on the plans. ri es and a ments shall include full compensation for furnishing all labor, materials (including The above p c p y ' m nt and adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equip e incidentals and for doing all the work involved in constructing curb, gutter depressions, and wheelchair ramps com lete in lace, including but not limited to, sawcutting, excavation, compaction, concrete removal, pavement p p removal and. ad'ustment of ull boxes, as shown on the plans, as specified in the Standard Specifications and these J p special provisions, and as directed by the Engineer. 7-1.10 INNERDUCT. Innerduct .shall be installed in existing conduit as shown on the plans. Innerduct consists of an extruded flexible sealed polyethylene tubing that is installed inside electrical conduit. Innerduct within a conduit run shall be continuous without splices or joints. Unless otherwise shown on the laps, innerduct for this project shall be nominal. 1 114-inch inside diameter, with P wall thickness of 0.091 f 0.003 inch, and shall meet the following requirements: Pol eth lene for innerduct shall have a density of 0.933 ± 0.003 gmlcm3 (ASTM Standard D-1505}, and Y Y shall conform to the a licable portions of ASTM Designations: D3433, D3035, D2239, and D2447, and Pp the a licable ortions of NEMA TC7 and TC2. Tensile yield strength shall be 3.625 psi, minimum Pp p (ASTM D-622}. walls shall be smooth, corrugated or ribbed. Each innerduct shall be a separate color. 2b corrugated copolymer-coated eight (8) mil. aluminum tape and applied longitudinally over the core wrap. These cables must meet the requirements of PE-39 and ANSIIICEA S-84-608-1988. A certificate of _ compliance to these special provisions will be required from the manufacturer prior to installation. A pull rope conforming to Section 86-2.OSC "Installation», of the Standard Specifications shall be included in all interconnect conduit (including all innerducts) for installation of future conductors. PAYMENT. Full compensation for installing Traffic Signal Interconnect including conduit, (PVC, Multiduct Conduit or Multi-Conduit System), conduit and innerduct sealing plugs, cable, modem, wiring, splice vaults, pull boxes, `LB' connectors, sidewalk replacement, excavation, trenching, backfilling and pavement patching, will be considered as included in the prices paid per linear foot (new and existing conduit) of Traffic Signal Interconnect (2" PVC) or Traffic Signal Interconnect (4" Multiduct Conduit), and no additional compensation will be allowed therefor. 3" PVC conduit shall be paid for per linear foot as Traffic Signal Interconnect (2" PVC). 7-1.19 DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. CONSTRUCTION MATERIALS: Loop detector lead-in cables shall conform to the provisions in Section 86-5.0 lA (4), "Construction Materials" , of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: Loop wires in the pull box shall be twisted at a minimum rate of five (5) turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end with no possible path to earth ground. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. INSTALLATION DETAILS: Installation details. shall conform to the provisions in Section 86-S.OIA (5), "Installation Details", of the Standard Specifications and these special provisions. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. After conductors are installed in slots cut in concrete, the slots shall be filled with epoxy .sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops" , to within one-eighth (118) inch of the pavement surface. The sealant shall be at least one-half (112) inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots maybe filled with either of the following materials: a. An elastomeric sealant conforming to Section 86-S.OIA (5), "Installation Details", of the Standard Specifications. b. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (5), "Installation Details" , of the Standard Specifications. 30 than 6" in width shall be plated until temporary surface is placed in top 0.20 foot. No trench shall be o ened in an street for the purpose of laying pipes or conduits more 6. P y • than six hundred (600} feet in advance of the pipe or conduit placed therein. - P L BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes,» of the 71.16 UL Standard Specifications and these special provisions. 1 ull box assemblies shall include one knockout for 2" conduit and one knockout for 4" multi-duct conduit on all Al p sides to accommodate installation of conduit. Should an approved alternate multi-duct conduit assembly be chosen b the Contractor, the knockout for 4" multi-duct conduit at each end may be substituted by a larger size to Y accomodate this alternate conduit assembly. Recesses fog ~~uspension of ballasts will not be required. PAYMENT. Full com ensation for pull boxes shall. be considered as included in the contract price paid for P . Traffic .Signal Interconnect and no separate payment will be made therefor • 7-1.17 SPLICE VAULTS. S lice vaults shall be 48"L x 30"W x 30"D nominal inside dimensions and shall P onform to Section 86-2.06 of the Standard Specifications. Hold down bolts or cap screws and nuts shall be of c rass stainless steel or other non-corroding metal material. Each cover portion shall have inset lifting pull slots.. b ver markin shall be "COMMUNICATION" on each cover section. Enclosures, covers and extensions shall be Co g m nt concrete or of non-PCC concrete gray color. Vaults and covers may be constructed of reinforced portland ce e material. r shall be of sufficient ri •di that when a 100 pound concentrated force is applied Non-PCC vaults and coves gi tY e endicularl to the mid Dint of one of the long sides at the top while the opposite long side is supported by a p~ y p rface it shall be ~ ossible to remove the cover without the use of tools. When a vertical force of 1,500 ~ p ri su • 1 1 late to a non-PCC cover in lace on a splice vault, pounds is applied, through a /z inch by 3-inch by 6-inch steep P the cover shall not fail and shall not deflect more than 1l4 inch. ' lled as detailed and where shown on the plans. All splice vaults and covers shall have an Splice vaults shall be insta AASHTO HS 20-44 rating. Splice vaults shall be installed at grade in paved areas. or non-metallic cable racks shall be installed on the interior of both sides of the splice vaults. The rack Metallic 1 e ca able of su ortin a load of 100 pounds, minimum, per rack arm. Racks shall be supplied in lengths steal b p pp g ro riate to the box in which the will be placed. Rack arms shall not be less than 6 inches in length. All app P • y ~ h 11 be hot-di alvanized metallic cable racks shall be fabricated from ASTM Designation. A36 steel plate and s a p g ' hardware and alvanizin shall be in accordance with the requirements of Section after fabrication. Steel plate, g g 75, "Miscellaneous Metal," of the Standard Specifications. PAYMENT. Full com ensation for Splice Vaults shall be considered as included in the contract price paid for p Traffic Signal Interconnect and no separate payment will be made therefor. 7-1,18 TRAFFIC SIGNAL INTERCONNECT. Signal Interconnect Cable shall be six (6) conductor cable as .shown on plans and shall conform to the following: The conductors shall be solid # 19 AWG annealed copper in twisted pairs. The conductors shall be no less n three and one-half 3.5 turns er fourteen (14) inches for six (6) pair cable. The cable shall have a tha ( ) P 29 The multi-conduit system shall be connected by the "spacer method.» Spacers shall be located at approximately every 281/2" . The .spacers shall provide a minimum of 518" seperation between ducts. All spacers shall be ~of high impact thermoplastic "ABS» material. The spacers, shall be 4"X4" and allow for the removal of one or more conduits from the multi-conduit system in the field. 7-1.14 CONDUIT AND INNERDUCT SEALING PLUGS. Except as otherwise noted, all empty conduits and empty innerducts shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust and water into these conduits and their included innerducts. Sealing plugs shall be installed within each splice vault or pull box. Sealing plugs shall be removable and reusable. Plugs sealing innerducts shall be the split type. Sealing plugs that seal the innerducts shall seal each innerduct individually with appropriate sizes and configuration to accommodate empty ducts. Sealing plugs used to seal conduit and innerducts shall be capable of withstanding a pressure of 5 psi. A sealing plug that seals an empty conduit or innerduct shall have an eye or other type of capturing device (on the side of the plug that enters the conduit). to attach onto the pull rope, so the pull rope will be easily accessible when the plug is removed. Full com ensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid p for Traffic Signal Interconnect and no separate payment will be made therefor. 7-1.15 CONDUIT INSTALLATION. Conduits may be installed by either jackingldrilling or open trench methods. Installation usin 'ackin or drilling shall conform to Section 86-2.OSC, "Installation," of the Standard gJ g Specifications. Open trench installation in pavement shall conform to the following specifications: 1, Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench not to exceed 12 inches in width. Trench shall be cut using a rock saw or backhoe and .all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The trench shall have a minimum depth of 24 inches below finished grade. 2. The conduit shall be laced in the bottom of the trench and the trench shall be bacl~illed P with a two (2) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with as halt concrete roduced from commercial quality paving asphalt and aggregates. P P 3, Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surface of uniform smoothness, texture, and density. 4. All excavated areas in the pavement shall be backfilled except for the top 0.20 foot, by the end of each work day. The top 0.20 foot shall be placed within three (3) working days after trenching. Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed. Permanent asphalt surface shall be placed within 15 working days of trench being opened. 5 , Trenches horizontal to traffic that are greater than 6" in width shall be plated until permanent asphalt is placed in top 0.20 foot. Trenches parallel to traffic that are greater 28 The colors shall be approved by the Engineer prior to ordering the material. The exterior of the duct shall be marked with sequential measurement markings every meter, The innerduct shall be shipped on reels marked with the manufacturer, the contract number, and the size and length of the innerduct. The product on reels shall be covered with aluminized material to protect colors from UV deterioration during shipment and storage. Installation procedures shall conform to the procedures specified by the innerduct manufacturer. Full compensation for innerduct shall be considered as included in the contract price paid for Traffic Signal Interconnect (4" Multiduct Conduit) and no separate payment will be made therefor. 7-1.11 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. 7-1.12 MULTIDUCT CONDUIT. where 4-inch conduit with innerduct is to be installed by trenching or boring as specified in the plans, a factory assembled conduit system with four (4) innerducts is required. Other systems in accordance with these special provisions will be allowed. The conduit shall be Schedule 40 PVC. Each innerduct shall be 1,15-inch (I.D. minimum), manufactured from polyethylene or PVC. For alignment purposes, one innerduct shall be a different color than the others and shall be consistent for the project. UL listing is not required. Pol ethylene innerduct shall conform to the provisions described under "INNERDUCTS", longitudinally ribbed, Y with minimum wall thickness of 0.075 inch. PVC innerduct shall be pre-lubed and have a wall thickness of 0.06-inch minimum. Straight segments of multiduct conduit shall be nominal 20' lengths with a minimum 5" slip joint. Joints shall be keyed to mate the enclosed innerducts and shall lock together or be provided with a seating mark to verify proper assembly. The joint shall be solvent welded or sealed with a gasket as recommended by the manufacturer. Bends shall be rigid factory assembled sections with a radius of 4' minimum. Prior to 'oinin the last sections of the conduit run, the innerduct colors at the ends shall be. verified to be J g. consistent. 7-1.13 MULTI-CONDUIT SYSTEM. where 4-inch conduit with innerduct is to be installed by trenching, or borin as s ecified in the laps, a factory assembled multi-conduit system with four conduits will be allowed. g p P • The conduit shall be Schedule 40 PVC and UL 651 listed. Each conduit shall be 1.25" (I.D. nominal). The conduit shall be "orange" in color, indicating "fiber optic duct. " All conduit shall have a continuous print line on top and bottom, in accordance with UL-651 using different colors, i.e. red, blue, black and white. The conduit marking shall include; "Manufacturer name -1 ~1/4" Sch.40. Straight segments of the multi-conduit system shall be nominal 20' lengths with a minimum 2112" slip joint. Joints shall be provided with a seating mark to verify proper assembly. The joint shall be solvent welded as recommended by the manufacturer. Bends shall be rigid factory assembled sections with a radius of 4' minimum. 27 Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal). Detector loops in concrete pads shall be sealed with epoxy sealant. PAYMENT. The contract price paid for each detector shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing traffic loop detectors. Section 4-1.03B(1) and 4-1.03B(2) of the Standard Specifications shall not apply to this item of work. STATE OF CALIFOR1vIA SPECIFICATION ASPHALTIC EMULSION INDUCTIVE LOOP SEALANT 1.0 SCOPE. This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and Portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS. The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1988 State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements. for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR. 3.0 REQUIREMENTS. 3.1 Composition The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce aone-component product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent ~ 50 to 65 Use ASTM D2939 31 3.2.3 Firm set time, hours, 4 maximum test at one (1) hour intervals, use ASTM D2939. 3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2" F. 3.3 Properties of the Dried Film 3.3.1 Flexibility No full depth use ASTM D2939, except air dry specimens to cracks constant weight at 75 + 1- 5 deg. F. and 50 + I -ten percent (10 relative humidity.. Condition mandrel and specimens two (2) hours at 75 + l- 2 deg. F. before test. Use aluminum panels, 0.03 inches thick (Q panel or equal). 3.3.2 Tensile Strength, Psi, 20 minimum cast sheets 0.25 inches thick and air dry at 75 I- + 5 deg. F. , SO + I -ten percent (10 % }relative humidity for minimum of sixteen (16) hours. Load rate 0.05 incheslminute, use ASTM D2523. 3.3.3 Elongation, % 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 3.3.4 Slant-shear strength to concrete, psi, 150 minimum Use California Test Method No. 434, Part VIII. Space damp with no loss of blocks with 0.25 inches between slant faces, seal sides and adhesion to concrete bottom with tape and fill with the well stirred sample, strike off the excess. Dry in 140 deg. F. oven to constant weight and condition .one (1) day at 75 + 2 deg. F. before testing. Load rate to be 5000 lbs/minute. ~ ~ . . 3.3.5 Resistance to water, ~ No blistering Use ASTM D2939, Alternative B ~ ~ ~ re-emulsification or loss of adhesion 3.4 Workmanship . 3.4.1 The sealant shall be .properly dispersed and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use. 3.4.2 The sealarn shall retain all specified properties under normal storage conditions for twelve (12) months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for twelve (12) months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 32 4.0 QUALITY ASSURANCE PROVISIONS. ~ 4.1 Inspection This material shall be inspected and ~ in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved by the Engineer. 5.0 PREPARATION FOR DELIVERY. S:l Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in five (5) gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply with the U . S . Department of Transportation or the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. 6.0 NOTES. 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not recommended. Any cleanup of road surface or tools can be done with water, before the sealant sets. 6.2 Patents The Contractor shall assume all costs arising from the. use of patented materials, equipment, devices, or rocesses used on or incorporated in the work, and agrees to indemnify and save harmless the State of p California, and its duly authorized representatives, from all suits at law or action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes. . 6.3 Certificate of Compliance The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, i~ accordance with the provision of Section 6-1.07, of California Department of Transportation Standard Specifications, January 1988. 33 PROPOSAL FOR INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCA'"IONS To the ,City Clerk of the City of Bakersfield: The undersi , as bidder, declares that the only persons or parties interested in this proposal as principals are those ~ he has named herein; that this proposal is made without collusion with any other person, firm or corporation; that carefull examined the location of the proposed work, the annexed proposed form of contract and the plans therein Y r (erred to• and he ro ses and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, e P Po in the rescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other P means of construction and to do all the work and furnish all the materials in accordance with the plans and spe- ~ifications for the above filed in the office of the Finance Director of the City of Bakersfield and as specified in the c, , contract in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set f and that he will take in full ayment therefor the unit prices or lump sums set forth in the following sched e: orth, P . If ro sal is acre and the undersigned fails to execute the aforesaid contract and to provide surety bonds and this p po pted . vidence of insurance acre ble to the City as is required within ten (lo) days, not including Sundays, after the bidder e Pta receives notice from the Ci that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid ro sal and the bidder's security shall be forfeited and shall become the property of the P Po City. City shall then be free to accept the bid of another bidder. SIGNAL INTERCONNECT ON STINE ROAD/NEW STINE ROAD FROM WHITE LANE TO CALIFORNIA AVENUE CMLN-5109 (023 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL N0. PRICE 1. Finishin Roadwa 1 ~ 2. Minor Concrete (Wheelchair Ram 1 EA 3. Traffic Si nal Interconnect (2" PVC 330 LF 4. Traffic Si al Interconnect (4" Multiduct Conduit 13,600 LF 5. Detector (T e C 9 EA TOTAL SUBTOTAL $ SIGNAL INTERCONNECT ON MING AVENUE FROM NEW STINE ROAD TO CASTRO LANE CMLN-5109 (021 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL . N0. PRICE 6. Finishin Roadwa 1 ~ 7. Minor Concrete (Wheelchair Ram 1 EA 8. Traffic Si al Interconnect (2" PVC 8,600 LF 9. Detector (T e C 4 EA TOTAL SUBTOTAL $ SIGNAL INTERCONNECT ON WHITE LANE FROM STINE ROAD TO WIBLE ROAD CMLN-5109 (022 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL N0. PRICE 10. Finishin Roadwa 1 LS 11. Traffic Si nal Interconnect (2" PVC 4,100 LF 12. Traffic Si al Interconnect {4" Multiduct Conduit 5,300 LF 13. Detector (T e C 9 EA TOTAL SUBTOTAL$ Signed Bidder Page 1 of 4 34 e PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS SIGNAL INTERCONNECT ON STOCKDALE HIGHWAY FROM COFFEE ROAD TO CALIFORNIA AVENUE CMLN-5109 (008 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL N0. PRICE 14. Finishin Roadwa 1 LS 15. Minor Concrete (Wheelchair Ram 2 EA 16. Traffic Si al Interconnect (2" PVC 10,100 LF 17. Detector (T e C 3 EA TOTAL . SUBTOTALS SIGNAL INTERCONNECT ON COFFEE ROAD FROM STOCKDALE HIGHWAY TO TRUXTUN AVENUE CMLN-5109 (020 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL N0. PRICE 18. Finishin Roadwa 1 ~ 19. Traffic Si nal Interconnect (2") ~ 3,100 LF 20. Detector (T e C 4 EA TOTAL SUBTOTALS SIGNAL INTERCONNECT ON MOHAWK STREET FROM CALIFORNIA AVENUE TO TRUXTUN AVENUE CMLN-5109 (033 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL N0. PRICE 21. Finishin Roadwa 1 ~ 22. Traffic Si al Interconnect (2" PVC 15 ~ LF 23. Traffic Si al Interconnect (4" Multiduct Conduit 2,350 LF 24. Detector (T C 5 EA TOTAL TOTAL $ Signed Bidder BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA. Y LIST ANY AND ALL ADDENDA NUMBERS RECEIVED ON THIS PROJECT, ABOVE AND ON THE LOWER CLEARL LEFT HAND CORNER OF THE SEALED BID RETURN ENVELOPE. THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER THE PENALTY OF PERJURY Signed Bidder Company Address P.0. Box City, State Zip Code Area Code Telephone No. License No./Expiration Date Page2of4 35 PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS ' has been calculated b multi 1 in the Estimated Quantity by the Unit Price. In the case of !ump sum items, the The Extension Pnce y P Y g Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Umt Pnce is unintelli 'ble or omitted, then the amount set forth in the Extension Pnce column for the item shall be used to determine the correct Unit ' Price in accordance with the following: a.~ As rQ lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated b. quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess ofone-half of one percent (0.5 of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Namel Description of portion Street Address (City, State, Zip} of work subcontracted (attach additional sheets if needed) Page 3 of 4 3b PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS Accompanying this proposal is [NOTICE: Insert the words "cash "cashier's check", "certified check", or "bidder's bond", as the case may be], in amount equal to at least ten percent of the total of the bid. The names of aU persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contaractor's License No. SIGN HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of :the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his: signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership; a Power of Attorney must be on file with the City Clerk of the. City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No. Place of Residence Date Page4of4 37 . BIDDER'S BOND (To Accompany Proposal) (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESENTS: THAT WE as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate f e State of California, in the sum of dollars o th aid to said Ci for which a menu, well and truly to be made; we bind ourselves, our heirs, executors and to be p ty, P Y administrators, successors or assigns, jointly and severally by these presents. _ THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, hereunto annexed, to construct in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to ' rovements aforementioned, and shall execute and deliver the two bonds required by law, within ten construuct said unp . da from the date of a notice to the above bounden principal, that said contract is ready for days (not includuig Sun y) . execution then this obli ation shall become null and void, otherwise it shall be and remain in full force and effect. g IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,19_. . (Seal) (Seal) (Seal} Page 1 of 2 38 STATE OF CALIFORNIA ) ss. ~ ~ . , COUNTY OF ) On before me, . Date ' personally appeared Personally known to me Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/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. WITNESS my hand and official seal. Signature of Notary ________________________0 P T I O N A L======________=___________ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document Title(s) ❑ PARTNERS(S) ❑ LIMI'TED ❑ GENERAL Number of Pages ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: .Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) Signer(s) Other than Named above Page 2 of 2 39 To the State of California, Department of Transportation. NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 71ob) In accordance with Title 23 United States Code Section 112 and Public Contract Code 710b 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 biddin ;that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or g conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost elemern of the bid rice, or of that of any other bidder, or to secure any advantage against the public body awarding P the contract of anyone irrterested 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 data relative thereof, 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. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to bee b the bidder for this ro' ct has been convicted of any offense referred to in the California Public Contract Y P Je Code. NOTE: The above Noncollusion Affidavit is pact of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page 1 of 1 40 TITLE 49 CODE OF FEDERAL REGULATIONS, PART 29 ~ , DEBA:RMENT~ AND SUSPENSION CERTIFICATION ' er under nal of r'ury, certified that, except as noted below, helshe or any person associated therewith in the The Bidd pe ty Pe J . capacity of owner, partner, director, officer, manager: Is not currentl under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal Y agency; . Has not been sus nded, debarred, voluntarily excluded or determined ineligible by any federal agency within the Pe past three (3) years; Does not have a proposed debarment pending; and Has not been indicated,. convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in an matter involving fraud or official misconduct within the past three (3) years. . y If there are any exceptions to the Certifications, insert the exceptions in the following space: Exce lions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any P exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing .false information may result in criminal prosecution or administrative sanctions. The above Certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certifications. . Signature of Contractor Page 1 of 1 41 TIFICATE OF ASSURANCE WITH REGARD T4 PARTICIPATION $Y CER DISADVANTAGED BUSIr~ESSES IN SUBCONTRACTING (Complete and submit with Proposal) Contract No. ' e li of the Ci of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23) shall ~~~y. It ~s th po cy ty ' o rtuni to artici ate in the performance of projects financed in whole or in part with Federal have the m~axunum ppo ty p P isadvanta ed businesses re uirements of 49 CFR Part 23 apply to this agreement and the work to be funds. The d g q performed pursuant to this agreement. s to ensure that disadvanta ed businesses (as defined in 49 CFR Part 23) shall have . Corrrractor agree g ' um o rtuni to artici ate in the performance of subcontracts for work financed in whole or in part with the maxim ppo ty P P ral funds rovided ursuant to this agreement. In this regard, Contractor shall take all necessary and the Fede p P r asonable~ ste s in accordance with 49 CFR Part 23 to ensure that disadvantaged businesses have the maximum e p rtuni to com to for and erform subcontract work. Additionally, Contractor agrees not to discriminate on the ~ tY ~ P of race color national on 'n, or sex in the award and performance of subcontracts for work finances, in whole base ~ or in part, with the Federal funds provided pursuant to this agreement. C.F.RTIFICATION. Contractor certifies that: In accordance with the above described policy and obligation and the provisions of Section 2-1.14, "DBE Goals for This Pro'ect" , and Section 6-2, submission of DBE information, award, and execution of contract of the special J . rovisions of this cornract, affirmative .action has been taken to seek out and consider disadvantaged .businesses for the P rtions of the work which are intended to be subcontracted and that such affirmative actions are fully documented in Po m lour records and are available upon request. In addition, Ilwe will take such affirmative action on any future Y subcontracting relating to this contract. Dated ~ ~ Contractor Page 1 of 1 42 LPP 95.07 Construction Administration Attachment 8 .Tune 2?. 1995 ~ PaQe 8 ~ . EXHIBIT 4-B EXH181T 4•B a c m o~ m o ' N '0 ~ m ~ 0 Q ` 'r C w ~ ~ m ~ w U ~ 0 C L. ~ Q C U ~ p 0 Q~ y•3 C0 ~ > c O U Z ~ c~ N o ~Q JV ca~~c~ v © U~as m O U. ,C ~ '0 ~ o _ O C1 ~ C " 4 ~ b. ~ ~ ~ ~ N Z ~o~m ~ Q m C r•• ~ ~ w ~mW~ Z'am . za ~ ~~o ~ r C ~ N (r G ~ Q ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ 0 O m N Z Z ~ _ ~ r _ t r `r ~ m a,~•• ~ O C ~ O O~ ~a c Q ~ m 0 m .~c ~ ~ N t t t ~ O '0 ~ ~ C m U ~ ~ ~ ~ Z _ ~ ~ p c ~ ~ ~ C. W U c Imo ~ ~ I U ~ >O~H • ~ .U ~ ~Wt t- Q i . Or ~ ~ 0 ~ ~ ,c c O~,o ~ c c N m ~ ' W m r O c as > ~ 3 ~ 0~ w c m c _ U ~ E o H- Q Q o _ a 030 ~ ~ Q w ~o c tAco a. ~ F- ~ x H . o ~ oC o C W m v ~ c ~ Z ` ~ a ~ OJm ~ ~ LO 0= > _ ~ Z~ w ZO WO c~ O °W Q ~ ~g Q~ v o ~p m c c m~ wa ~a o~ i4~0 ~ O ~ .O.p m~ W~ Z ~ .UOm m Uaa,~ om u.m v~ . l.l'1' 9.117 Exhibit C it1:1:N(:11~'1:1;RIN~. Attachment 7. 1'ti~•1: ~ 1'a~e l Certification for Federal Aid Contracts The pr~speetive p;utieip;lnt certifies, by ~igllillg ;lllcl ~uhlnittitlg tllis hicl or prc)pc~~;ll, to the hest of llis or her kllnW~CtI~C ali(1 tx;llCf, tll;lf: _ ~l} No Federal a~~ro~rintccl .funds h;ivc been P;licl c)r will tx ~;licl, by or an behalf of tltc ulldasigl~cd, tc~.any ~crscul fc)r lllfluCtlC111g UT 1llClnpt111g tQ lil~UeI1CL' ;lil c)fficer ~r cinplayee of any federal agency, a Member of Cangresc, an offica or employee of CnnFn:~.~. ~r an cmplc~yuc of d Mcmhcr of Cc)ngtc.~.c in ccmncction with the awarding of any Federal contract, tllc tn;lkillg of any Federal Frlnt, tl~c making of any Federal lcsan, the entering into of any ccx)pcrativc agreement, and the extension, continuation, renewal, amendment, or mcxlifiation of any Fcdcr~I contract, gruu, !c);u1, c)r ccx)pcr;►tivc agreement. (Z) 1f any funds other then Fcdcral appmpriat~i funds !lave hc~cn paid ar will he paid to any , , on fa inilucncing or attempting to influence an ofCccr or cmployc~ n! any Fedcr~l agency, a Memha of Congress, an officer or employee of Congress, or an employee of a Mcmbcr of Cnngrccs in connection with this Fedaal contract, -grant, loan, or cooperative agreement, the undc .•iFllcd shall comrlctc and submit Standard Form•LLL*, "Disclosure of Lobbying Activities," in accorckt»cc with its illswctions. This certification is a material repr~cntation of fact upnn which reli<~tttce wat placed when this transaction was made or entered into. Submission of this ccrtificatiun is a prercyuisite fen m• •itlg or entering into this ~trancaction imposed by Section 1352, Title 31, U.S. Code. Any pcrsc~n why Mils tc) tilt the rcyuirocl certifigtinn shall be suhjcxt to a civil penalty of not less than $10,000 and not more than S100,00Q fc)r each .such failure. The prospective partiapant also agrees by submitting his or her bid ar pmposal that he or she shall require that the language of this cestif ication be included in all lower tier tiuhcont>~acts, which exceed 5100,000 and -that all such subreapients shall certify and disclose accordingly. _ * Standard Form LLL may he ohe~vned from Caltrans or FIIWA offices ~ ~ DISCLOSURE OF t,088~Y1HC~ ACTiYtTI~S ' ~ Comploto this torrrt to diecbeabbbyinq,actividoa pufaua~t to 3~ V.S.C, i35Z 1. 'fps of Fedot~i, Acilon: x. Statuso~ Fo~rttActfon: ~ Aopott~l~poc L mnar~ct bidrttfle~lapplica~ioR s ~ e, gent b, ini~awerd b. nr~rt~t+~ . c. aaar~ne~ a poetvw~ e. rw. ForMti~i.Clt~r9~Or~ly;~ to~rtguar~,A. ~ ~ ~ ~ t, t°~n'ka~r'nrs' ~ mat ~ npoR 4. Narts. andAdtuso~ AoporttnSf ~~Y 5. It RoporlEng.~ttl ~Na. ~IsS~bswa~+Q~. F.~to~ Q Prime Subawardoe~ ~ Nunw end Addnssot pt~,: ~ . d1o~o+tm ~ . Congtoaabnsl ~i~lc~ 11lv~own: Cong~~~onal~ Dlstrl~t* i~ 1tr~o►wr~: S.. Fedv~al ~op~~ntlA9ocKy~ Fwd4r~l Rrognm N~IOwxlptlort: CFDmNunt~r~ ~a~apl~ablo 8. F~dota! Aaio~ Hu~ba►~ ~ known: 9~ Award Am d kr~o . ~ . 1 ~ ~ H,~ Addt~o# tobbytn~ ~nt~ b. indlvidwis Pirfomtt~ ~t~as int~d Ctf lastnarrrv~~t r~no, Mlj:, ~ d~~ltratt fr+oom { ~ No. t0a {1a~tn~ tlr~tnamo; ~t~: ~ ~ (altars Con~atlor~ ~1~eot~s j ~~~~o~sa~i t~~ Annount a~ Pdy~nt (cfiodr ~ th~ta~gpyl: ~ 1~. o! Pa nt TYp~ ~ ~~iec~c a~ that applrl s 12 ForrR of Ri ~ ons~li~ho yrcrant ~chod~t a~ far aPl~Y1 caah ~ c ~wdoa d aoneng~nt leer ~-kind; ~lpogty: nattuo► a, d~rad ~ • . ~ veiu~ l; , spev~: 14. 9rte~~o~ipUoRoi-S.rviar~aP~rtort~doctabo potte~• O~~a~ of S~vicr it~ivdln o~tlw~ s . ~~nployp(sy, ~►r r:~br(s~ a~tta~tod, to~~ ~ ~ t l~ ~arrtind~at~; terltoRe 1 ~ ' ~ ~attarh Contlnt~orrS~eet~sj Xtrecas~try 1 Contlnuatloet S~tat(ej chid: ' ~ Ya No ~6: ~ ~,~.~.~„wa.r~l+rrd.~ar~n►atut,~, Slgnttutw 8~e1~n tee, t~ e~e~.~ «+reee~~ ~r ~ .o~..~.►~~~~~....or.rNw.~«r.~.~ pMttt'N81~: ant h ~t u,~~ ~~i nr.iif.+arier►.w a.~.A.r t. tir~c~,14.. ••~rgr.wa +.r e•..w~wrNe~ Mf.p~...~►.+1~ Tlt~o: . eta ~ ~r Ngi~M 4eNrtwr ~ 1r ~~et s s dw p~+~rp► r Mt• r. ~.+rieaao.~s ~ N.n s tr.~n.~~.~w, ~il~ph4aw No.: Dg►to: ~~~ei U~ • ~ ,►w,d,~„e tae hod A.orae~rmon Qniy. ren+. w. AGREEMENT N0. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF • BAKERSFIELD, a municipal corporation, ("CITY" herein) and ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of installation of traffic signal interconnects; and WHEREAS, CITY desires to employ CONTRACTOR to install traffic signal interconnects, as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: installation of conduit, pull boxes, conductor cable, modems and detectors, removal and construction of concrete sidewalk and wheelchair ramps and placement of asphalt concrete. The sco a of work shall include all items and procedures necessary to properly complete the task CONTRACTOR P has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows: The compensation set forth in this section shall be the total compensation for the services provided by CONTRACTOR, including all out-of-pocket costs incurred. CITY shall pay no fee other than the compensation listed in this section unless otherwise agreed to in writing by the CITY. 3. PAYMENT PR ED .CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. WAIVER OF DEFAULT. The failure of any party. to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 5. LI EN~ES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this A Bement any licenses,~permits and approvals which are legally required for CONTRACTOR to practice its profession. 6. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. 7. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and su ersedes all other oral or written representations. This contract may be modified only in a writing approved by the p City Council and signed by all the parties. 43 s IBIT . In the event of a conflict between the terms, conditions or specifications set forth in this Agreement 8. EXH ' 'its attached hereto the terms, conditions, or specifications set forth in this Agreement shall prevail. and those ~n exlub ' i s to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not All exlub t actually attached. . This A eement ma be terminated by any party upon days written notice, served by TERMINATI N Y mail or personal. service, to all other parties. ITH ALL LA .CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all 10. ~'OMPLIANCE w ' ments of Munici al State, and Federal authorities now in force, or which may hereafter be m force, of the require p ' to this A eement and shall faithfully observe in all activities relating to or growing out of this Agreement pertaining gr ' ' 1 r ' ances and State and Federal statutes, rules or regulations now in force or which may hereafter be in all Muiucipa o dm force. EPENDENT NTRA ~f R.• This Agreement. calls for the performance of the services of 11. IND TOR as an rode endent contractor. CONTRACTOR is not an agent or employee of the CITY for any CONTRAC p i not entitled to an of the benefits provided by CITY to its employees. This Agreement shall not be purpose and s y formin a artnershi or an other association with CONTRACTOR other than that of an independent construed as g p p Y contractor. In addition to an other insurance or bond required under by this Agreement, the 12. INS y of CONTRACTOR shall rocure and maintain for the duration of this Agreement the following types and limits p insurance ("basic insurance requirements") herein: A.A t mo it liabili insur ce, roviding coverage on an occurrence basis for bodily injury, including death, of one _uo e an p or more ersons roe dama a and personal injury, with limits of not less than one million dollars ($1,000,000) p ~ p P rtY g per occurrence; and the policy shall: 1}Provide coverage for owned, non-owned and hired autos. 2)Provide contractual liability coverage for the terms of this Agreement. B.Broad form commercial eneral liabili insurance, providing coverage on an occurrence basis for bodily injury, includin death of one or more persons, property damage and personal injury, with limits of not less than one million g dollars ($1,000,000) per occurrence; and the policy shall: 1)Provide contractual liability coverage for the terms of this Agreement. ' ed endorsement in favor of the Ci ,its mayor, council, officers, agents, employees and 2)Contain an additional insur tY volunteers. C.work rs' m ensati n in ur a with statutory limits and employer's liability insurance with limits of not less than one million dollars $1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in ( favor of the City, its mayor, council, officers, agents, employees and volunteers. All olicies re uired of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, p q a ents em to ees or volunteers andanyinsurance orself-insurance maintained by the CITY, its mayor, council, g ~ p Y officers a ents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall not ~g contribute with it. 44 ce is to be laced with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured Irisuran p i ns or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, retent o rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the or insurance . CITY in writing. ' hall contain an endorsement roviding the CITY with thirty (30) days written notice of cancellation or All policies s p e in olic lan a e or terms. All policies shall provide there shall be continuing liability thereon, material Chang p y gu g notwithstanding any recovery on any policy. ' ere aired hereunder shall be maintained until all work required to be performed by this Agreement is The iris~anc q CITY. satisfactorily completed as evidenced by written acceptance by the NTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements The CO ' urance re aired. The CITY may withhold payments hereunder if certificates of insurance and evidencing the ins q endorsements required have not been provided. ' e a roved b the CITY, if any part of the work under this Agreement is subcontracted, the "basic Unless otherwis pp y . re uirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has insurance q approved lesser insurance requirements for CONTRACTOR. EMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and 13. IND to ees a ainst an and all liability, claims, actions, causes of action or demands whatsoever against them, or any emp y g .y. ~ r arisin out of connected with, or caused of them, before adiniiustrative or judicial tribunals of any kind whatsoeve , g , CONTRALTO CONTRACTOR's employees, agents or independent contractors or companies in the by ~ erformance of or in an wa arising from, the terms and provisions of this Agreement whether or not caused in part p ~ y y by a party indemnified hereunder. 14. EXE I N. This A Bement is effective upon execution. It is the product of negotiation and all parties are e uall res onsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to e q Y p interpretation of this Agreement. 15. NOTICE .All notices relative to this Agreement shall be given in writing and shall be personally served or sent b certified or re 'stered mail and be effective upon actual personal service or depositing in the United States Y ~ mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL . ~ 1501 Truztun Avenue Bakersfield, California 93301 CONTRACTOR: 16. FOR . An lawsuit ertaining to any matter arising under, or growing out of, this contract shall be instituted .___~M Y p in Kern County, California. 17. AS IGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written 45 . ~ consent of all the parties. The ri is and obli ations of, this Agreement shall inure to the benefit of, and be binding 18. BINDING EFFECT. gh g the contract and their heirs, administrators, executors, personal representatives, successors and upon, the parties to ' r the context so re wires, the masculine gender includes the feminine and neuter, and the singular assigns, and wheneve q ~ h of which shall be number includes the plural. This Agreement may be executed in any number of counterparts, eac considered as an original and be effective as such.. . 19. TITLE T D MENT .All documents, plans, and drawings, maps, photographs, and other papers, or ' f re aced b CONTRACTOR ursuant to the terms of this Agreement, shall, upon preparation, become copes thereo p p y p the property of the CITY. I ~ RE RD .CONTRACTOR shall maintain accurate accounting records and other written 20. ACCOUNT ' rtainin to all costs incurred in performance of this Agreement. Such records and documentation documentation pe g NTRACTOR's office Burin the term of this Agreement, and for a period of three years from the shall be kept at CO g date of the final a ent hereunder, and said records shall be made available to CITY representatives upon request at p Yin any time during regular business hours. ORP RATE AUTH RITY. Each individual executing this Agreement represents and warrants they are C 21. rized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named duly autho herein and this A Bement is binding upon said corporation or organization in accordance with its terms. 46 c 22.TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes_____ No_____ (Please check one.) ~ . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first- abovewritten. "CITY""CONTRACTOR" CITY OF BAKERSFIELD BOB PRICEPIease Print or Type Name & Title Mayor APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: (Name & Title of Attorney who prepared contract) APPROVED AS TO CONTENT: . PUBLIC WORKS DEPARTMENT By: RAUL M. ROJAS Public Works Director COUNTERSIGNED: By: _ GREGORY J. KLIMKO Finance Director 47 ~ . • FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, Coun of Kern State of California, a municipal corporation, WHEREAS, THE CITY OF BAKERSFIELD, ty , ' ted the "Owner" has, on Date of Aw , 19._, awarded to Namc Q hereinafter designa . or anized and doing business under and by virtue of the laws of the Con ractor ,a g TION OF TRAFFIC State of California hereinafter designated as the "Principal" , a contract for INSTALLA SIGNAL INTERCONNECT -VARIOUS LOCATIONS; and said Princi al is re aired under the terms of said contract to furnish a bond for the faithful WHEREAS, p q performance of said contract; and BEFORE WE the Princi al, and _ ave Blank for Bonding Comnanv , as Surety, are NOW, THE , P . held and firmly bound unto the Owner in the sum of loo % of Amount ~=gar e a .o~nci lawful move of the United States, for the payment of which sum, well and truly to be dollars Y . . ' selves our heirs executors, administrators, and successors, jointly and severally, firmly by made, we .bind our these presents. ITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, THE COND 'nistrators successors, or assigns, shall in all things stand to and abide by, and well and truly keep executors, adnii ' rform the covenants, conditions, and agreements in the said contract and any alterations made as and faithfully pe ' i d on his or their art to be kept and performed at the time and in the manner therein specified, and therein prov de , p ~ . in all res ects accordin to their true intent and meaning, and shall indemnify and save harmless, the Owner, its P g nd a ents as therein sti ulated, then this obligation shall become null and void; otherwise it shall be and officers a g p in in full-force and virtue and Principal and Surety, in the event suit is brought on .this bond, will pay to the rema Owner such reasonable attorney's fees as shall be fixed by the court. • • ~ com letion of the said contract, the above obligation in the said amount As a condition precedent to the satisfactory p shall hold ~ood fora eriod of one (1) year after the completion and. acceptance of the said work, during which g P time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full com lete, and satisfactory repair and replacements or totally protect the said, Owner from loss of P lama a made evident Burin said period of one (1) year from the. date of acceptance of said work, .and resulting g g -from or .caused b defective materials and/or faulty workmanship in the prosecution of the work done, the above Y obli ation in the said amount shall remain in full force and effect. However, anything in this paragraph to the g contra notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the rY Principal remains. 48 . ~ said Sure for value received, hereby stipulates and agrees that no change, extension of time, alteration, And the ty, or addition to the terms of the contract or to the work to be performed thereunder or the specifications • ~ affect its obli ations on this bond, and it does hereby waive notice of accompanying the same shall, in any way, g han a extension of time, alteration, or addition to the terms of the contractor to the work or to the any such c g , e Civil Code of the State s cifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of th Pe of California. obli anon secured hereb and in addition to the amount specified therefor, there shall be included As a part of the g Y onable ex erases and fees, including reasonable attorney's fees, incurred by the Owner in successfully costs and reas p enforcin such obli anon, all to be taxed as costs and included in any judgment rendered. g g ove mentioned arties have executed this instrument under their seals this IN WITNESS WHEREOF, the ab p da of ,19____, the name and corporate seal of each corporate party being hereto Y nd these resents dul si ed by its undersigned representative, pursuant to authority of its governing affixed a p Y ~ body. (Seal)Principal Signature for Principal, Title (Seal)Surety Surety Address & Telephone No. . Signature for Surety, Title (Attach notarization form for each required signature) 49 MATERIAL LABOR BOND KNOW ALL MEN BY THESE PRESENTS, THAT, E CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, WHEREAS, TH ' ted the "Owner" has, on _ Da+p of Cn~ncil Meeting-, 19_._._., awarded to hereinafter designs , Name of Contractor ' n doin business under and by virtue of the laws of the State of California, a organized a d g ' r desi ted as the "Princi al" , a contract for INSTALLATION OF TRAFFIC SIGNAL hereinafte gna p INTERCONNECT -VARIOUS LOCATIONS; and ' 1 is re aired to furnish a bond in connection and with said contract, providing that if said WHEREAS, said Principa q ' or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used Principal, or any of his ' out the erformance of the work contracted to be done, or for any work or labor done thereon in, upon, for, or ab p of an kind the Sure of this bond will pay the same to the extent hereinafter set forth: y ~ BEFORE WE the Princi al, and Leave Blank for Bondin_ Company , as Surety, are NOW, THE , P held and firml bound unto the Owner the penal sum of 50 % of Am~~rit war e a ounci Y Pting dollars lawful move of the United States, for the payment of which sum well and truly to be made, we y • ' firml b these resents. bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, y y P THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, ' ' tors successors or assi ,shall fail to pay for any materials, provisions, or other supplies used in, administra g~ .for or about the erformance of the work contracted to be done, or for any work or labor ~ thereon of any u on, , p p ' r for an amount due under the Unemployment Insurance Code with respect to work or labor performed kind. o y 6 of the Revenue and under the contract, or for any amounts due, or to be withheld pursuant to Sections 1880 xation Code of the State of California with respect to such work or labor, as required by the provisions of Ta ha ter III Division V Title I of the Government Code of the State of California, or with respect to any work or C p labor for which a bond is re aired by the provisions of Sections 3247 through 3252 of the Civil Code of the State q of Califorria and rovided that the persons, companies, or corporations so furnishing said materials, provisions, P or other su lies a liances, or power use, in, upon, for, or about the performance of the work contracted to be PP ~ pP executed or erformed, or an person who performs work or labor upon same, or any person who supplies both p Y work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay ' t not exceedin the amount hereinabove set forth, and also will pay in case suit brought the same in or to an amour g u on this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. P 50 • ~ benefit of the Owners and any and all persons, companies, and corporations and their This bond shall insure to the alifornia Civil ' i entitled to file claims under applicable State law, including, but not limited to, C . respective ass gns ' as to 've a~ ri ht of action to them or their assigns in any suit brought upon this bond. Code Section 3181, so gi g ' r value received hereb sti elates and agrees that no change, extension of time, alteration, And the said Surety, fo Y P ' ' n of the terms of the contract or to the work to be performed thereunder or the specifications or additio ' 11 in an wa affect its obligations of this bond, and it does hereby waive notice of any accompanying the same sha , y y, ' 'me alteration or addition to the terms of the contract or to the work or to the specifications. change, extension of ti ~ • • f the State of California. Said Sure hereb waives the provisions of Sections 2819 and 2845 of the Civil Code o ty Y EREOF the above mentioned parties have executed this instrument under their seals this IN WITNESS WH f ~ 19_, the name and corporate seal of each corporate party being hereto day o , ese resents del si ed b its undersigned representative, pursuant to authority of its governing affixed and th p y gn Y . body. (Seal)Principal Signature for Principal, Title (Seal)Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) . . 51 . ~ ESCROW AGREEMENT FOR ~ - . TY DEPOSITS IN LIEU OF RETENTION SECURI leted b the Contractor, if he elects to substitute securities in lieu of retention) (To be comp y THIS ESCROW AGREEMENT is made and entered into by and between: whose address is hereinafter called "Owner" , whose address ~ is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent" . ' ' n hereinafter set forth, the Owner, Contractor,- and Escrow Agent agree as follows: For the consideraUo ' Public Contract Code of the State of California, Contractor has the option 1. Pursuant to Section 22200 of the ' ' ' s with Escrow A eat as a substitute for retention earnings required to be withheld by Owner pursuant to deposit securitie g to the Construction Contract entered into between the Owner and Contractor for (hereinafter referred in the amount of dated " en Contractor de sits the securities as a substitute for Contract earnings, the Escrow Agent to as the Contract Wh p° i 'sat the time of the shall noti the Owner within ten (10) days of the deposit. The market value of the secur tie ~ s retention under the terms of the substitution shall be at least equal to the cash amount then required to be withheld a . Owner and Contractor. Securities .shall be held in the name of Contract between the ,and shall designate the Contractor as the beneficial owner. rats to the Contractor for such funds which otherwise would be withheld 2. The Owner shall make progress payme rats ursuant to the Cor~ract rovisions, provided that the Escrow Agent hold securities in the form from progress payme p P -and amount specified above. ~ ~ , n ivel the Owner ma make payments directly to Escrow Agent in the amount of retention for the 3. Alter at y, Y benefit of the Owner until such time as the escrow created hereunder is terminated. r shall be res nsible for a ' all fees for the expenses incurred by Escrow Agent in administering 4. Contracto po p y~ r w account. These ex eases and payment terms shall be determined by the Contractor and Escrow Agent. the esc o P ' rest earned on the securities or the money market accounts held ~in escrow and all interest earned on 5. The irate ' 11 be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time that interest sha . and from time to time without notice to the Owner. e ri ht to withdraw all or an part of the principal in the Escrow Account only by 6. Contractor shall have th g Y ' to Escrow A eat accom anied by written authorization from Owner to the Escrow Agent that Owner written notice g p consents to the withdrawal of the amount sought to be withdrawn, by Contractor. ' n the securities in the event of default by the Contractor. Upon seven 7. The Owner shall have a right to draw upo written notice to the Escrow A eat from the Owner of the default, the Escrow Agent shall immediately convert days g 'the securities to cash and shall distribute the cash as instructed by the Owner. 52 z ' 'tten notification from the Owner cerrtifying that the Contract is final and complete, and that 8. Upon receipt of wri act Escrow A ent shall Contractor has com lied with all requirements and procedures applicable to the Contr g the p ides and interest on de osit less escrow fees and charges of the Escrow Account. The release to Contractor all secur p • • it and a ments of fees shall be closed immediately upon disbursement of all moneys and securities on depos p y escrow and charges. on the written notifications from the Owner and the Contractor pursuant to Sections 9. Escrow Agent shall rely ' f this a Bement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow (4) to (6), inclusive, o gr A ent's release and disbursement of the securities and interest as set forth above. g ns who are authorized to give written notice or receive written notice on behalf of the lo. The names of the perso half of Contractor in connection with the foregoing, and exemplars of their respective signatures, are Owner and on be as follows: On behalf of Owner: On behalf of Contractor: Title Title Name Name Si tore Signature Address ~ Address On behalf of Escrow Agent: Title Name Signature Address time the Escrow Account is o ened, the Owner and Contractor shall deliver to the Escrow Agent a fully At the p executed counterpart of this Agreement. 53 S WHEREOF the 'es have executed this Agreement by their proper officers on the date first set forth IN VVITNiES ~ 1 above. ~ - . Owner: ~ Contractor: Title Title Name Name Signature Signature 54 ' ~ GUARANTEE MATERIAL AND WORKMANSHIP ~ . . CITY OF BAKERSFIELD Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for; INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS awarded on , between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for installation of traffic signal interconnects, and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the ro'eet is com leted and accepted, we guarantee the same to be free from imperfect workmanship pJ P andlor materials, and we agree ~to repair andlor replace at our own cost and expense, any and all such work, andlor materials which may prove defecfive in workmanship or materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also a ee to repair and/or replace, at our own cost and expense, any work andlor materials that we may 1~' disturb or displace in making good such defects. Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the a ent of either of them, of any defects in said work or materials, we agree to commence and prosecute with g due diligence, -all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City andlor the City's. representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This arantee is made expressly for and runs to the benefit of both the City of the above mentioned construction . project and the City's representative,. and shall be enforceable by either of them. Dated Contractor's .Name Authorized Signature 55 GUARANTEE EQUIPMENT ~ ~ . , CITY OF BAKERSFIELD Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS awarded on , between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract rovides for installation of traffic signal interconnects, and under which contract the undersigned has P furnished and installed such system, the following guarantee of the said system is hereby made: Should of the equipment installed pursuant to said contract prove defective or should the system as a whole prove any defective, due to faulty worlon~anship, material furnished, or method of installation, or should said system or any part thereof fail to o rater rl , as lanned, due to any of the above causes, all within. one (1), year .after date on which Pe P ~ y P said contract is accepted by the City, the undersigned .agrees to reimburse the City, upon demand, for its expenses incurred in restoring. said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The Cit shall have the o lion to make any needed repairs or replacements itself or to have such replacements or Y P repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the. City elects to have said work rformed b the undersi ed, the undersigned agrees that the repairs shall .commence to be made .and such materials Pe Y Sn as are necessary shall commence to be furnished and installed within twenty-four (24) hours of the date specified in the City's written notification, Contractor shall prosecute. with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification, Said system will be deemed defective within the meaning of this guarantee in the event that they -fail to operate as on ' intended by the manufacturers thereof and in accordance with the plans and specifications included in said Y contract. Dated Contractor's Name Authorized Signature 56 ~~.xhihit 11 K~:ftiGlti~~kl'~►G. Attachment f'Sc~F. i~1,'~. I REQUIRED CONTRACT PROVISIONS FEDERAL•AID CONSTRUCTION CONTRACTS Page the contractor shall not: • I General 1 Il. Nondrscnmination . . 1 a. drscnminate against labor from any other State, posses- lll. Nonsegregated Facilities 3 .sign, or temtory of the United States (except for employment IV. .Payment of Predetermined Minimum Wage 3 preference for Appalachian contracts, when applicable, as specified V. Statements and Payrolls 6 in Attachment A), or Vl. Record of Materials, Supplies, and Labor 6 VII. Subletting or Assigning the Contract 7 b. employ convict labor for any purpose within the limits of VIII. Safety: Acx~ident Prevention 7 the project unless k is labor performed by Convicts who are on lX. False. Statements Concerning Highway Projects 7 parole, supervised release, or probation. X. Implementation of Clean Air Act and Federal Water Pollution Control Act 8 il. NONDISCRIMINATIOW XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 8 (Applicable to all Federal-aid construction contracts and to all X11. Certification Regarding Use of Contract Funds for related subcontracts of 510,000 or more.) Lobbying 9 1. Equal Employment Opportunity: Equal employment ATTACHMENTS opportunity (EEO} requirements not to d~t~irninate and to take affrmatve action to assure equal opportunity as set forth under A. Employment Preference for Appalachian Contracts laws, execufive orders, rules, regulations (28 CFR 35, 29 CFR 1630 . (included. in Appalachian contracts only) and 41 CFR 60}arid orders of the Secretary of Labor as modrfred by the proveions prescribed herein, and imposed pursuant to 23 t. GENERAL U.S.C. 140 sha0 constitute the EEO and specfic affirmative action standards for the contractor's project activities under this contract. 1. These contract provisions shall apply to all work performed on The Equal Opportunity Construcgon Contract Specifications set the contract by the contractor's own organ¢ation and with .the forth under 41 CFR 60.4.3 and the prov~ions of the Americas assistance of workers under the contractors .immediate supenn- Disabilities Act of 1990 (42 U.S.C.12101 et se .}set forth unde 2 tendence and to all work performed on the contract by piecework, CFR 3~ and 29 CFR 1630 are incorporated by reference rn this .station work, or by subcontract. contrarx. In the execution of this contract, the contractor agrees to • comply with the folbwing minimum speafic requirement activities 2. Except as otherwise provided for in each section, the contrac- of EEO: for shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, .and further require their a. The contractor will work with the State highway agency inclusion. in any lower tier subcontract or purchase order that may (SHA) and the Federal Govemtment in carrying out EEO obligations in turn be made. The- Required Contract Provisions shall not be and .in their review of hislher activities under the contract. incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier b. The contractor will accept as his operating policy the subcontractor with these Required .Contract. Provisions. following statement: 3. A breach of any of the stipulations contained. in these "It a the policy of this Company to assure that appticant„s are Required Contract . Proveions shall be sufficient grounds for employed, and that employees are treated during employmen.. termination of the contract without regard to their race, region, sex, color, national origin, age or disab~ity. Such action shall include: employment, 4. A breach of the following clauses of the Required Contract upgrading, demotion, or transfer, recruitrnent or recruitment Provisions may also be grounds for debarment as provided in 29 ~ advertising; layoff or termination; rates of pay or other forms CFR 5.12: of compensation; and selection for training, including appren- tioeship, preapprenticeship, andlor on-the-job training " Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 1; 2. EEO Officer: The contractor will designate and make known Sectior; V, paragraphs 1 and 2a through 2g. to the SHA contracting officers an EEO Officer who will have the responsibili~t for and must be capable of effectively admrnrstenng 5. Disputes arising out of the labor standards provisions of and promoting an active contractor program of EEO and who must Section IV (except paragraph 5) and Section V of these Required be .assigned adequate authority and responsibility to do so. Contract Provisions shalt not be subject to thegeneral disputes -clause of this contract Such disputes shall be resolved enactor- 3. Dissemination of Policy: All members of the contractors dance wim the procedures of the U.S. Department of Labor (DOL) staff who are authorized to hire, superv~e, promote, and discharge asset forth in 29 CFR 5, 6, and 7. Disputes within the meaning of employees, orwho recommend such action, orwho are substantia►- this clause include disputes between the contractor (or any of its ly invoh►ed in such action, will be made fully cognizant of, and will subconVactors) and. the contracting agency, the DOL, or the implement, the contractor's EEO policy and contractual responsibiii- contractor's employees or their representatives. ties to provide EEO in each grade and classification of employment. To ensure that the above agreement wiN be met, the following 6. Selection of tabor: During the performance of this contract, actions will be taken as a minimum: • Page 1 Form 1273 -March 10,1994 RE:~:'~C1~1;~:~1'~C;. -1tt:,.hmc~n; f'Sc~~. d lr the event the union ~ unable to provide the contractor lob tra~nrng ~ being required by specie! provision, the contractor wil! with a reasonable flow o` minority and worsen referrale wdhin the be required to collect and report training data. trine hmtt set forth in the colkcinrc bargaining agreement, the contractor will, through independent recrurtrnent efforts, fill the fll. NONSEGREGATED FACILITIES employment vacancies without regard to race, color, religion, sex, national origin, age or disability: making full effoRs to obtain (Applicable to all Federal-aid construction contracts and to elf qualified andlor qualifiable minority group persons and women. related subcontracxs of 510,000 or more.) {The DOL has held that ~ shall be no excuse that the union with which the contractor has a collective bargaining agreement provid• a. By submission of this bid, the execution of this contract or trig for exclusive referral failed to refer minority employees.) In the subcontract, orthe consummation of this materia!supply agreement event the union referral practice prevents the contractor from or purchase order, as appropriate, the bidder, Federal-aid construc- meeting the obligations pursuant to Executive Order 11246, as tion contractor, subcontractor, material supplier, or vendor, as amended, and these special provisions, such contractor shall appropriate, certifies that the firm does not maintain or provide for immediately notify the SHA. its employees anysegregated.facilities at any of its establishments, and that the firm does not permit ks employees to perform .their 8. Selection of Subcontractors, Procurement of Materials services at any location, under ks control, where segregated and Leasing of Equipment: The contractor shall not discriminate facilities are maintained. The firm agrees that s breach of this on the grounds of race, color, religion, sex, national origin, age or certification is a violation of the EEO provaions of this contrail. _ disability in the seleilion and retention of subcontractors, including The firm further certifies that no employee will be denied access to procurement of materials and leases of equipment. adequate facilities on the basis of sex or disability. a. The contractor shall notify all potential subcontractors and b. As used in this certification, the temp "segregated faafities" suppliers of hislher EEO obligations under this contract. means any wading rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, loc~icer rooms, and b. Disadvantaged business enterprises (DBE), as defined. in other storage or dressing areas, parking Pots, drinking fountains, 49 CFR 23, shall have equal oppottunky io compete for and .recreation or entertainmen► areas, transportation, and housing perform subcontracts which the contractor enters into pursuant to facilities provided for employees which are segregated by explicit :his contract. The corttraetor will use his best efforts to solicit bids directnve, or are,, in fact, segregated on the. -basis of race, color, from and to utif¢e DBE subcontractors or subcontractors with religion, national origin, age or disability, because of habit, loco! :meaningful minority group and female representation among their custom, or otherwise. The only exception will be for the disabled employees. Contractors sha11 obtain lists of DBE construction firns when the demandsforaccessibilky ovemde (e.g. disabled parking). ~ from SHA personnel. ~7 ~ c. The contractor agrees that it has obtained or will obtain IY,.. c. The contractor will use his best efforts to ensure subcon• identical certification from proposed subcontractors or material f~,;y, « km„, ~'`~u '~~`w?' tractor compliance with their EEO obligations. suppliers .prior to award of subcontracts or consummation of " material supply agreements of $10,000 or more and that ii will .:~~1; ' = 9. Records and Reports: The contractor shall keep such retain such certifications in its files. . err- records as necessary to document compliance with the EEO ` ~ requirements.` Such records shall be retained for a period of three . IV. PAYMENT OF PREDETERMINED MINIMUM WAGE years following completion of the contract work. and shat! be 'available at reasonable times and places for inspeilion by autho- (Applicable to all Federal-aid construction contracts exceeding . sized representatives of .the SHA and the FHWA. 52,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor. collectors, a. The records kept by the contractor shah document the which are exempt.) . following: 1. General: (1) The number of minority and non•minority group .members and women employed in each work classification on the a. All mechanics and laborers employed or working upon project; the site of the work will be paid unconditionally and not less often . than once a week and without subsequent deduction or rebate on (2) The progress and efforts being made in cooperation any. account (except such payroll deduilions as are permitted by with unions, when applicable, to increase employment opportunities regulations (29 CFR 3) issued by the Secretary of Labor under the for minorities and women; ~ Copeland Act (40 U.S.C. 276c)J the fu11 amounts of wages and . bona fide finge benefits (or cash equivalents thereof): due at time (3) The progress and efforts being made in locating, of payment. The payment shall be computed at wage rates not hiring, training, quali~yinr, and upgrading minority and female .less than those contained in the wage determination of hE employees; and Secretary of labor (hereina~er "fie .wage determination") which i~ attached hereto and made a part. hereof, regardless of any (4) The progress and efforts being made in securing the contractual relationship which may be alleged to ez~t between the services of OBE subcontractors or subcontractors with meaningful contractor or its subcontrailors and such laborers and mechanic. minority and female representation among their employees. Thewagedetermination (including anyadditional classifications and wage rates conformed under paragraph 2 of this Section IV and the b. The contractors will submit an annual report to the SHA DOL poster (WH•1321) or Fors. FHWA-1495) shall be posted at all each July for the duration of the projec~,, indicating the number of times by the contractor and its subcontractors at the site o` the minority, women, and non-minority group employees currently work in a prominent and accessible place where k can be easily engaged in each work classification required by the contract work. seen by the workers. For the purpose of this Seilion, contributions This information is to be reported on Form FHWA•1391. If on•the made or costs reasonably anticipated for bona fide fringe benef~s under Settion 1(5)(2) of the Davis-Bacon Act (40 U.S.C. 216a) on - Page 3 . Form 1213 -March 10,1994 kC~aC1tiC~:R1~G. Attachment E'~b:I: ~'a~e (3) Every apprent~oe must be paid at not kss than the helper wage rate. who ~ not a helper under a approved definitan, rate specified in the regatercd program for the apprentice's level of shall be pale not kss than the appl~cabk wage rate on the. wage progress, expressed as a percentage of the ~oumeyman-level detertninatbn for the classification of work actuary perfomMd. houry rate specified in the apphcabi wage detertrnnatron. Apprentices shall be pad fringe benefits in accordance with the 5. Appronticas atnd Trainees (Programs of the U.S. D0T): provisions. of the apprent~cesh~p program, If the apprent~oesh~p program does not specify fringe benefits, apprentices must be paid Apprentices and trainees working under apprenticeship and the full amount of fringe benefits I~sted on the wage determination skill training programs which have been certified by the Secretary for the applicable classification. If the Admm~strator for the Wage of Transportation as promoting EEO in connection with Federal-aid and Hour Division determines that a deferent practice prevails for highway construcifon programs are not subject to the requirements the applicable apprentice classification, fringes shall be paid in of paragraph 4 of this Section IU. The straight time hourly wage accordance with that determination. rates .for apprentices and trainees under such programs will be estabi~hed by the particular programs. The ratio of apprentices (4) !n the event the Bureau o` Apprenticeship and and trainees to journeymen shall not be greater than permitted by Training, or a State apprenticeship agency recogn¢ed by the the terms of the particular program. Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utii~e 6. Withholding: apprentices at kss than the applicable predetermined rate for the comparable work performed by regular employees until anaccept- The SHA shall upon its own action or upon written request able program is approved. of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract b. Trainees: or any other Federal contract with the same prime contractor, or any other Federaly-assisted contract subject to Davis-Bacon (1) Except as provided in 29 CFR 5.16, trainees will not prevailing wage requirements which is held by the same prime be permitted to work at less than the predetermined rate for the contractor, as much of the accrued payments or advances as may .work ..performed .unless they are employed pursuant to and be considered necessary to pay laborers and mechanics, including individually, .registered in a program which has received prior apprentices, trainees. and helpers, employed by the contrai~or or .approval, evidenced by formal certif<cation by the DOL, Employ- any subcontractor the full amount of wages required by the merit and Training Administration, contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, empbyed or working (2) The ratio of trainees to journeyman-level employees on the site of the work, all or part of the wages required by the on the job. site shall riot be greater than permitted under the plan contract, the SHA contracting officer may, after written notice to the approved by the Employment ..and Training Administration, Any contractor, take such action as may be necessary to cause the . employee listed on the payroll at a trainee rate who ~ not regis- suspension of any further payment, advance, or guarantee of funds tered and participating in a training plan approved by the Employ- ~ until such violations have ceased. merit and Training Administration shall be paid not less than the applicable wage rate on the'wage determination for the classifica- 7. Overtime Requirements: tion of work acxuagy performed. in addition, any trainee performing work on the job site in excess of the ratio permitted under the No contractor or subcontractor contracting for any part of registered.. program shall be paid not kss than the applicable wage the contract work which may require or involve the empbyment of rate on the wage determination for the work actuary performed. ~ laborers, mechanics, watchmen, or guards (including apprentices, trainees, and fielpecs described ~ paragraphs 4 and 5 above) shah (3} Every trainee must be paid at not kss than the rate require or permit any laborer, mechanic, watchman, or guard in any specified in the approved program for halher level of progress, workweek in which helshe is employed on such work, to work in expressed as a percentage of the. joumeymarti-level hourly rate excess of 40 hours m such workweek unless such laborer, mechan- specified mthe applicable wage determination. Trainees shall be ic, watchman, or guard recenres compensation at a rate not kss paid fringe benefits in acconiance with the provisions of the trainee than -ore-and-ore-tuff times hislher basic rate of pay for all hours program. tf the trainee program does not mention fringe benefits, worked m excess of 40 hours in such workweek: Votress shall be paid the full amount offringe benefits listed on the wage determination unless the Admin~trator of the Wage and Hour 8. Violation: . Division determines that there is an apprentioesh~ prograrm associated with the corresponding joumeyman•kvel wage rate on Liability for Unpaid Wages; Liquidated Damages: In the event the wage detem~ination which provides for kss' than full fringe of any violation of the clause set forth in paragraph 7 above, the benefits-for apprentices, in which case such trainees shall receive contractor and any subcontractor responsible thereof shall be liable _ the same fringe benefits as apprentices. to the affected employee for hislher unpaid wages. in addition, such contractor and subcontractor shah be liable to the United (4) In the event the Employment and Training Admmis- States (in the case of work done under contract for the District of tration withdraws approval of a training program, the contractor or ~ Columbia or a territory, to such District or to such territory) for subcontractor will no longer be pem~itted to utilize. trainees at kss liqu~ated damages. Such liquidated damages shall be computed than the applicable predetermined rate for the work performed until with respect to each individual laborer, mechanic, watchman, or an acceptable program is approved. guard employed in violation of the clause set forth in paragraph 7, in the sum of s10 for each calendar day on which such employee c. Helpers: was required or permitted to work in excess of the standard work week of 40 hours wimout payment of the overtime wages required Helpers will be permitted to work on a project if the helper by the clause set forth in paragraph 7. Gassification is specified and defined on the applicable wage detem~ination or is approved pursuant to the conformance proce- dure set forth m Section N.2. Any worker listed on a payroN at a Pape 5 • Form 1273 -March 10,1994 LPP ~S-{)? ~ Exhihil A ' ~ R~E!~G1~tiE~RItiG. Attachment 7 ~'S~:~ Pale i b. Mamtam a roeord of the total co:t o1 alt matena~ and all safeguards, safety dev~oes and protectNe equipment and take supplbs purchased for and incorporated m the work, and also of any other needed actrons as it determines, or as the SHA controct• irie quanttt~es of those spedfic matena~ and supplKS sated on ~ ing officer may detertnme, to be roasonably necessary to protect Form FHWA•~7, and in the un~s shown on Form FHWA~47. the life and health of employees on the JOb and the safety of the public and to protect property in connet~ion with tht pertormanoe c. Furnish, upon the completer of the contract, to the SHA of the work covered by the contract. resident engineer on Form FHINA-47 together with the data • required in paragraph 1 b relative to maleness and suppibs, a fins! 2. ft is a condition of this contract, and shall be made a condition labor summary of all contract work ind~catmg the total hours worked of each subcontract, which the contractor enters into pursuant to and the total amount earned. this contract. that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in 2. Ai the prime contractors option, either a single report surroundings or under condoions which are unsanitary, hazardous covering all contrail work or separate reports for the contractor and or dangerous to hislher heakh or safety, as determined under for each subcontract shall be submiried. construction safety and health standards (29 CFR 1926) promulgat• ed by the Secretary of Labor, in accordance with Section 107 of the VII. SUBLETTING OR ASSIGNING THE CONTRACT Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 1. The contractor shall perfom~with its own organ~ation contract 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract _ . work amounting to not less than 30 percent (or a greater percent- that the Secretary of Labor or authorized representative thereof, age if specified elsewhere in the contract) of the total original shall have right of entry to any site of contract performance to contract puce, exdudirig any specialty items designated by the inspect orinvestigate the marier of compliance with the construction Stale. Specialty items maybe perfomjed by subcontract and the safety and health standards and to carry out the duties of the amount of any such specialty items perfom~ed may be deducted Secretary under Section 107 of the Contract Work Hours and from the total original contract price before computing the amount Safety Standards Acs (40 U.S.C. 333). r` of work required to be perfom~ed by the contractor's own organize lion (Z3 CFR 635). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS a. "Its own organ¢ation" shall be construed to indude only In order to assure high quality and durable construction in workers employed and paid directly by the prime contractor and conformity with approved plans and spedfications and a high equipment owned or rented by the prime contractor, with or without degree of rel~baity on statements and representations made by operators. Such term does not indude empbyees or equipment of engineers, contractors, suppliers, and workers on Federal-a~ a subcontractor, assignee, or agent of the prime contrarian. highway projects, it is essential that all persons concerned with the projectperformtheirfunctions ascarefuliy, thoroughly, and honestly ' b. "Specialty Items" shall be construed to be limited to work aspossinle. W~Iful falsification, d~tottion, ormisrepresentationwsth ~ that requires h' h s '9 y pedaled knowledge, abilities, or equipment, respect to any facts. related to the project a a violation of Federal not ordinarily available in the type of contracting organ¢ations law. To prevent any misunderstanding regard'mg the seriousness ' qualified and expected io bid on the contract as a whole and in of these and similar acts, the following notice shall be posted on general are to be limited to minor components of the overall each Federal-aid h~hway project (23 CFR 635) in one or more contras. places where it is readily available to all persons concerned with . the project: 2.: The contract amount upon .which the .requirements set forth in paragraph 1 of Section Vll is -computed indudes the cost of NOTICE TO ALL PERSONNEL.ENGAGED ON FEDERAL•AID . material and manufactured products which are to be purchased or HIGHWAY PROJECTS produced by .the contractor under the contract provisions. . 18 U.S.C. 1020 reads as folbws: 3. The contractor shall famish (a) a, competent superintendent or supervisor who is employed by the firm, has full authority. to "Whoever, being an offcer, agent, or employee of the United direct .performance of the work in accordance with the contract States, or of any~State or Territory, or whoever, whether a person, requirements,. and is in charge ~ of all construction operations association, firm, or corporation, knowingly makes any false (regardless of who performs the work) and (b) such other of ~ own statement, false representation, orfalse report as to the character, organ¢ational resources (supervaion, management, and engineer- ~ quality, quantity, or cost of the material used or fo be used, or the .ing services) as the SHA contracting officer determines is races- quantity orquaJrry of the work performed or to be performed, or the nary to assure the performance of the contract. cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construuction on any highway 4. No portion of the contract shall be sublet, assigned or or related project submitted for approval to the Secretary of otherwise disposed of except with the written consent of the SHA Transportation; or contracting officer, or authorized representative, and such consent . when given shall not be construed to relieve the.; contractor of any Whoeverknowinglymakes arryfalse statement, false represen- responsibility for the fulfillment of the contra. Written consent will ration, false report or false claim with respect io the character, be given only after the SHA has assured that each subcontract ~ quality, quantity, or cost of any work performed or to be performed, evidenced in writing and that it contains all pertinent provisions and or materials famished or to be famished, in connection -with the requirements of the prone contract. construction of any highway or related project approved by the Secretary of Transportation; or VIII. SAFETY: ACCIDENT PREVENTION Whoever knowingly makes any false statement or false repoe• 1. In the performance of this contract the contractor shall comply serration as to material fact in any statement, certificate, orreport with all applicable Federal, State, and bcal laws governing safety, submitted pursuant ro provisions of the Federal-aid Roads Act heakh, and sanitation (Z3 CFR 635). The contractor shall provide approved July 1, 1916, (39 Stat. 355), as amended and supple- . Page 7 Form 1273 •-March 10,1994 ~;.xtllhll A RI~EtiGI'~~EIrRItiG. Attachment F'S~~: p1:-'e y . e. The prospectn+e lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be Certification Regarding Debarment, Suspension, Ineligibility entered into, d shall not knowingly enter into any lower tier covered and Voluntary Exclusion-•Primary Covered. Transactions transaction with a person who is debarred, suspended, deC~ared ineligible, or voluntarily excluded hom participation in this covered 1, The prospective primary participant certifies to the best of its transaction, unless authorized by the department or agency with knowledge and belief, that it and its principals' which this transaction originated. a. Are not presently debarred, suspended, proposed for f. The prospective lower bier participant further agrees by debarment, declared ineligible, orvoluntarily exciuoed trom covered submitting this proposal that i; will include this clause titled transactions by any Federal department or agency; "Certification Regarding Debamnent, Suspension, ineligibility and Voluntary Exclusion•Lower Tier Covered Transaction," without b. Nave not within a 3•year period preceding this proposal modification, in all lower tier covered transactions and in all been convicted of or had a civil judgement rendereti against them solicitations for .lower tier covered transactions. for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, g. A participant in a covered transaction may rely upon a State or local) transaction or contract under a public transaction; certification of a prospective participant in a lower tier covered violation of Federal or State antitrust statutes or commission of transa~;on that is not debarred, suspended, ineligible; orvoluntarily embezzlement, theft, forgery, bribery, falsification or destruction of excluded from the covered transaction, unless ft knows that the records, making false statements, or receiving stolen property; certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. c. Are not presently indicted for or otherwise criminally or Each participant may, but is not required to, checkthe Nonprocure- civilly charged by a governmental entity (Federal, State or local} menu List. with commission of any of the offenses enumerated in paragraph 1 b of this certification; and h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in d. Have not within a 3•year period preceding this appiica• good faith the certification required by this clause. The knowledge tionlproposai had one or more public transactions (Federal, State and inforrnatron of participant ~s not required to exceed that which or focal) terminated for cause or defaul►. is normally possessed by a prudent person in the ordinary course of business dealings. . 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective i. Except for transactions authorized under paragraph a of participant shall attach an explanation to this proposal. these instructions, if aparticipant in a covered transaction knowing- w ~ iy enters mto a lower tier covered transaction with a person who is a~ * • • • • suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal Government, the department or agency 2. instructions for Certification Lower Tier Covered ~ with which this transaction originated may pursue available Transactions: remedies, including suspension andlor debarment. (Applicable to all subcontrac~,~. purchase orders and other lower . tier transa~ions of 525,000 ar ; yore • 49 CFR 29) ' ' ' ' a. By signing and submitting this proposal, the prospective .Certification Regarding Debarment, Suspension, lneiigibility lower tier is providing the certification set out below. and Voluntary Exclusion-Lower Tier Covered Transactions: b. The certification in this clause is a material representation 1. The prospective lower tier pattiupant certifies, by submission of fact upon which reliance was placed when this transaction was of .this proposal, that neither it nor its prinapals is presently entered into. if it is later determined that the prospective lower tier debarred, suspended, proposed for debarment, declared ineligible, participant knowingly rendered an erroneous .certification, in or voluntariy exduded from participation in this Transaction by any addition to other remedies available to the Federal Govemmen;, the Federal department or agency. department, or agency with which this transaction originated may pursue ava~able remedies, including suspension andlordebarment. 2. Where the prospective lower tier participant is unable to certify to any ofthe statements in this certification, such prospective c. The prospective lower tier participant shall provide participant shall attach an explanation to this proposal. immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant seams ' ° that its certification was erroneous by reason of changed circum- stances. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING d. The temu "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participan;." "person," (Applicable to alt Federal-aid construction contracts and to all "principal," "proposal," and "voluntarily excluded," as used in this related subcontracts~which exceed S100,000.49 CFR 20) clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may 1. The prospective participant certifies, by signing and submitting contact the person to which this proposal is submitted far assts- this bid or proposal, to the best of his or her knowledge and belief, tance in obtaining a copy of those regulations. that: Form 1273 -March 10,1994 Page 9 _ ..,,,,,,,,,.,.....~....,.~,,,Y i General Decision Number CA960032 ~ I Superseded General Decision No: CA950032 State: California Construction Type: BUILDING DREDGING HEAVY ~ 1 HIGHWAY ' County(ies~: KERN BUILDING~CONSTRUCTION PROJECTS; HEAVY CONSTRUCTION PROJECTS (does { not include oil well drilling or water well drilling); HIGHWAY CONSTRUCTION PROJECTS.; .DREDGING PROJECTS, (does not include hopper dredge work) Modification Number Publication Date 0 03J15/1996 1 04/1.2/199b 2 04/26/199b 3 05./.03 / 199b 4 46/ 07 / 199b 5 07/05/1996 6 07/12/1996- 7 09/27/1996 8 ~ 12/2~/199b 9 01/03./1997 ~ a ~ w n~~ C;AybUU32 1 U 1 / US / lyy / 1 CARP0002B 07/01/1996 Rates Fringes DIVERS: Diver, wet 52.84 5.10 Diver, stand-by 26.43 5.10 Diver tender 25.43 5.10 CARP0003U 07/01/1996 Rates Fringes CARPENTERS: Carpenter (including drywall lathing), cabinet installer, floor worker and acoustical .installer 23.23 5..10 Insulation installer: . Wood frame non-residential or concrete block or tilt-up, Types III, Ill and V construction 1.7.00 4.81 ~}t;: ~ All other work ~ 2 3.2 3 5.10 Shingler ~ 23,3b 5.10 Saw filer ~ ~2 3 . ~ 1 5.10 Table power saw operator 23.33 ~ 5.10 . ..Pneumatic nailer or power stapler 23.43 ~ 5.10 Commercial fence builder ~ 20.30 ~ ~ 5.10 Roof loader of shingles (commer-cia1~ ~ 16.35 ~ 5.10 Millwright ~ 24.0 5.10. Pile driver ;Derrick barge; Bridge or dock carpenter; , Cable splicer; Heavy framer; Rock slinger 23.G3 5.10 Head rock slinger 24.03 5.10 Rock barge or scow - 23.83 5.10 . CARP00040 11/01/1993 Rates Fringes TILE FINISHER: Edwards~Air Force Base; and Naval Air Weapons Station, China Lake 16.98 3.40 Remainder of County 13.8 3.40 ELECOOIIG 12/O1/1992~ Rates Fringes COMMUNICATIONS AND SYSTEMS ~JORK: COMMUNICATIONS & SYSTEMS: Installer 16.5 3% + 3.40 (mc4r-l nl,) - I n1 101 /100.7 - ' S ~ . ~ 'fie."~ ..._~w~,y.~Y '..'dam;,`.. i Remainder of County: Work on structures (defined as areas to which the public has access) that do~not exceed 6,000 sq, ft. and that do not exceed 3 stories 13.75 4.25% +2.75 Tunnel work: Electrician 27.30 4.25% +6.30 Cable splicer; Heliarc welding 30.025 4.25% +6.30 All other work: Electrician 21.84 4.25% +6.30 Cable splicer; Heliarc welding 24.02 4.25% +6,30 ELEC0428B 03/01/1996 Rates ~ Fringes , ~ ~ LINE CONSTRUCTION Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Ground person/Truck driver 21.13 4.25% +6..30 Line technician; Heavy . equipment operator 26.59 4.25% +6.30 Cable splicer 28.77 4.25% +6.30 Remainder of County: Ground person/Truck driver 16.38 4.25% +6.30 Line technician; Heavy equipment operator 21.84 4.25% +6.30 Cable splicer 24.02 4.25% +6.30 ELEC1245A 06/01/1996 Rates Fringes OUTSIDE UTILITY TRANSMISSION WORK: Line worker; Cable splicer 27.54 4.5% +6.50 Powder-worker 26.16 4.~5% +6.50 Ground person 17.90 4.5% +6...50 Line worker, welding 28.92 4.5% +6.50 SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility CA960032 - 5 01/0111997 ......,.r:r.. . ...._.aw....aa...ara.. , _ .~...,~'~.a...~w~.`::.I~ia.~s1......_. - GROUP 7 2'5.17 9.8 9 ~ GROUP 8 25.34 9,gg GROUP 9 .25.51 9.89 GROUP 10 26.51 9,89 GROUP 11 27.51 9.89 GROUP 12 28.51 9.89 GROUP 13 29.51 ~~9,89 TUNNEL GROUP GROUP 1 24.79 9.89 GROUP 2 25.08 9.89 GROUP 3 25,22 g,89 GROUP 4 25.44 .9,89 GROUP 5 25.55 9,gg GROUP 6 ~ 2 5.6? 9.89 GROUP 7 25.97 9.89 DREDGING: Hydrau~.ic suction dredges: Lever person operator 27,46 9,gg Deckmate; Watch engineer; Welder 25.38 g,gg Winch (stern winch on dredge)24.83 9,8g Bargehand; Deckhand Fire person-oiler; Leveehand 24.29 g,gg Dozer25.49 9.89 Clamshell dredges: , Lever person operator 27.4.6 9.89 . . .Watch engineer;.Deckmate ~ 25.38 9,8g . Barge mate 24.9.0 9.89 Bargehand; Deckhand; Fire person-oiler 24.29 9.89. POWER~EQUIPMENT OPERATOR CLASSIFICATIONS GROUP l: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator -inside, engineer oiler, generator operator, generator, pump or compressor plant operator,-pump operator, signal, switch GROUP 2: Concrete mixer operator -skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader-(when wheel type up to 3/4 yd. without attachment), soils field technician, tar pot . fire person, temporary heating plant operator, trenching machine operator -GROUP 3: Equipment greaser (rack), Ford Ferguson (with drat e g YP attachments), helicopter radio (ground), power concrete curing machine operator, power concrete saw operator, power -driver CA960032 - 7 r,ln'IliAO-7 - ~ 1 pneumatic concrete placing machine operator (Hackley=Presswell or similar type), pumpcrete operator, 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-}fired 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, skiploader operator (crawler and wheel type ove~~1-1/2 yds. up to and including 6-1/2 yds.}, surface heater 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 pipe wrapping, cleaning and bending machine operator, trenching machine operator GROUP 8: Heavy-duty repair person (r;.ulti-shift) GROUP 9: Drilling machine operator, bucket or auger types. (Caldwell 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, heavy-duty repair-welder.-combination, monorail locomotive operator .(diesel., as or 'electric motor atrol - blade o erator sin le en fine g~ p p ( g g multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber-t-iced 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.)., tower crane repair person, tractor loader operator (.crawler and wheel type over 6- 1/2 yds.), Woods mixer operator (and similar pugmill equipment} GROUP l0: Heavy-duty repair-welder combination .(multi-shift) GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwell, auger 200 CA or similar types - Watson auger 6000 or similar types - drilling depth of 175' maximum), hoe ram or simi~l.ar with compressor, mass excavator operator, 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 12: Rubber-tired earth-moving equipment operator operating equipment with. push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner oper~tor, canal trimmer operator, remote- control earth-moving equipr~~~~ ~ ~ operator, wheel excavator operator C'.= - 9 01 / 03 / 1997 an and all attachments over 25 yds. and up to and including 50 1 Y 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 23: Rubber-tired earth-moving equipment operator, o erating equipment with the tandem push-pull system (single, p 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 24: Rubber-tired earth-moving equipment operator, o erating equipment with the tandem push-pull system (multiple p engine, Euclid, Caterpillar and similar type, over 5o cu. yds. struck ) CRANES, PILEDRIVING AND HQISTING EQUIPMENT CLASSIFICATIONS u~; GROUP 1: Engineer oiler; Fork lift operator (under 5 tons capacity} ~f5 GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (j obs ite ) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Brid a crane operator; Cretor crane operator; Fork g lift operator (over 5 tons); Hoist operator (Chicago boom and , similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; 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, stif f legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator .(over 25 tons and up to and including ~Aq~nn~~ - 11 01103~1~y~ - - - ~,w.~r..C~.4~ , _ .•.....►...A».- ! . aLt ' , w~~.r..'i...e....r..i tirXr..ir 7 r Tractor co~apressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons ~ GROUP 6: Heavy-duty repair/welder combination ~ GROUP 7: Tunnel mole boring machine operator * IRONOOOIF 01/01/1997 Rates Fringes IRONWORKERS:~~ Ornamental, reinforcing and structural 22.34 12.56 Fence erector 21.45 12.56 LAB00001B 07/01/1996 Rates Fringes BRICK TENDER 17.21 9.11 LAB00002B 01/01/1992 Rates Fringes . PLASTERER TENDER: Edwards Air Force Base; Elk Hills Naval Reserve; and Naval Air Weapons Station, China Lake 18.64 7.91 Remainder of County 14.96 7.91 LAB00002H 07/01/1996 Rates Fringes LABORERS: GROUP 1 16.96 9.11 GROUP 2 , 17.3 6 9.11 GROUP 3 . 17.5 b 9.11 GROUP 4 18.61 9.11 GROUP 5 ~ 18.81 9.11 TUNNEL LABORERS: GROUP 1 ~ 19.8 7 9.11 GROUP 2 19.99 9.11 GROUP 3 2 0.15 9.11' GROUP 4 20.43 9.11 GUNITE LABORERS: GROUP 1 19.86 10.21 GROUP 2 18.91 10.21 GROUP 3 16.40 10.21 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): . Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 . CA960012 - 13 0 1 /n l QQ'7 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 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, shover, 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 ~r~~, other product whatsoever and without .regard to the nature of r ,a:~..=- material .from which. the. tubular material is fabricated; No-joint ;:j . pipe and stripping of same.; Prefabricated :~anhole installer; . Sandblaster (nozzle person.), water blasting, Porta Shot-Blast; . Welding in connection with laborers' work 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 care, 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; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and. spreader; Dump person; Dump person (outside); Swamper :(brake person and switch person on tunnel work}; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading., agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; mumbo person; Kemper and other pneumatic concrete placer operator; Miner, ~ _ ~~ir ~+MC._~~. ~ .r... +wa~aM _ ~ rJ works knot applicable to any phase of the aerospace industry or to hotels:-which operate commercial establish- ments as part of the hotel service) 16.70 5.53 All other work 18.70 5.53 PAIN0036X 07/01/1996 Rates Fringes. DRYWALL FINISHER 20.61 5.49 PAIN0169B 07/01/1996 . Rates Fringes GLAZIER 22.29 7.49 PAIN1176B 04/01/1993 Rates Fringes fi:~:u PARKING LOT STRIPING WORK AND/OR , K ~ HIGHWAY MARKERS . ~.3++ . GROUP 1 19.93 5.67 GROUP 2 ~ 18.93 5.67 GROUP 3 16.9 4 5 6 7 GROUP 4~ 19.93 5.67 GROUP 5 16.94 5.67 Service person maintenance and repair of equipment) (on jobsite only) 11.96... 5.25 Slurry seal work: . Sealer/mixer 14.89 3.66. Applicator operator, shuttle person and squeegee person 13.18 3.66 Traffic surf ace protective coating applicator 15.51 3.6~ PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS GROUP 1; STRIPER: La out and application of painted traffic Y stripes and marking; hot thermo plastic; tape traffic stripes and marking GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR:,Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, i .cutting scoring and sawing , new concrete, plugging, filling Shee-bolt holes; dry .packing concrete and EMBECO; tending material hose on slabs, floors and decks; tending mixer-truck chute on slabs, floors and decks; ,.bush hammering; patching and sacking, rodding, tamping, bidweil and similar type rodding machines, bull.: floating; Curb and gutter - machine operator; Clary and similar type of screed operator cement only}; Grinding machine fall types}; . Jackson Vibratory, Texas Screed and similar type screed operator; Scoring . machine operator ~ 20.26 10.25 ,I ~ Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 20.38 10.25 . Cement mason floating and troweling machine operator 20.51 10.25 PLAS0191B 03/01/1994 . Rates Fringes PLASTERERS: Plasterer 16.92 5.91 Nozzle operator 17.05 5.91 PLUM03558 07/01/1996 Rates Fringes LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 22.00 3.00 PLUM0460D 01/01/1996 Rates Fringes PLUMBER ; STEAMFITTER Encompasses all the central valley: Bakersfield, Lamont, Arvin, Frazier Park, Taft, Shafter, Wasco, McFarland and.Deleano 22.81 7.48 Encompasses Kerrville, T~::achapi, Lake Isabella, Mohave, ~cnolith A. SST Rates Frin es OF HWY. #395 FROM RED MOUNTAIN TO THE g INYO COUNTY LINE: ~~EET METAL WORKER: might commercial work (10,000 sq, ft. or less) 13. X11 other work 52 2.25 22.54 8.14 :'AMOOIID 07/01/1996 - ''CK DRIVERS : Rates Fringes :awards Air Force Base; and Naval Air Weapons. Station, China Lake: GROUP 1 20.79 GROUP 2 11.74 GROUP 3 20.94 11.14 GROUP 4 21.07 11.74 GROUP 5 21.12 11.74 GROUP 6 21.20 11.74 GROUP 7 21.32 11.74 -GROUP 8 21.57 11.74 GROUP 9 22.02 11.74 GROUP 10 22.32 ~ 11.74 22.82 11.74 'mainder of Count : 1R0 y UP 1 18.79 CROUP 2 11.74 1ROUP 3 18.94 11.74 GROUP 4 19.07 _11.7 4 CROUP 5 ~ 19.12 11.74 sROUP 6 19.20 11.74 1ROUP 7 19.32 11.74 CROUP 8 19.57 11.74 CROUP 9 20.02 ~ 11.74 CROUP 10 20.32 11.74 20.82 1.1.74 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver ~ ~ GROUP 2 : Driver of vehicle or combination of vehicles - 2 ~ ; =s ; Pilot control car moving heav e i Y qu pment; Truck-mounted GROUP 3: Driver of vehicle or combination of vehicles - 3 ~~i^:~; Boot person; Cement mason distribut' 'r; Water truck - 2 ax1 ion truck; Fuel truck e. Dump truck, less than 16 yds. water k Erosion control driver SRO UP 4: Driver of transit mix truck and er 3 yds.; Dumpcrete CA960032 - 21 01/03/1Q4~