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HomeMy WebLinkAbout1999 Special Provisions Project E7K005CITY OF BAKERSFIELD CALIFORNIA NOTICE TU CONTItACTO1ZS, SPECIAL PROVISIONS, B1D PROPOSAL AND CONTRACT FOR TRUNK SEWER REPLACEMENT ALONG SOUTH CHESTER AVENUE FROM PLANZ .ROAD TO EL SERENO DRIVE BID OP NiNC: DATE 1999 TIME I I:UU A.M. 1'ItOJEC't' NU.1~,7KUU5 S SI p~ 1 r No, C 51 Ul5 :X) ~x ~ . GAt CITY 13AKERSFIELD . I'U[31.,IC WORKS UI~;PAR`TMINrh ANNEX BUILDING, 2"" FLOOR 1501 TRUXTUN AVENUE ~ l3AKGRSI~11;1.D, C.AI.II~URNIA 93301 Project Engi~ieer: Conchita Nieto 180121'` Street, Suite 4 Telephone: (661) 326-3587 Bakersfield, CA 93301 (80S) 327-1969 B A K E R S E I E L D PUBLIC WORKS DEPARTMENT ADDENDUM TO BID DOCUMENTS Addendum No. l Page 1 of 4 Project: Trunk Sewer Replacement Along South Chester Avenue From Planz Road To El Sereno Drive Bid Opening Date: November 4,1999 Time: 11:00 am Today's Date: October 28,1999 NOTICE TO ALL CONTRACTORS BIDDING THIS WORK You are hereby notified of the following changes and/or additions to the Plans .and Specifications for the above referenced project. Such changes and/or additions are hereby made a part of the Plans and Specifications and shall take precedence over anything to the contrary therein. SPECIFICATIONS: 1. The first paragraph of section 7-2.02 , "SANITARY SEWER (PVC LINED RCP)"shall be amended to read as follows: 7-2.02, "SANITARY SEWER PIPE". The Contractor shall have the option of using either PVC lined Reinforced Concrete Pipe or Vitrified Clay Pipe. The Contractor shall use the same type of pipe for the entire project and conform to the specifications of that pipe. PVC Lined Reinforced Concrete Pipe. (The existing first paragraph, starting with "Reinforced concrete pipe shall conform to the provisions...", shall be placed after this heading.) Z. The following specifications for Vitrified Clay Pipe shall be included at the end of section 7- 2.02, "SANITARY SEWER PIPE". Vitrified Clay Pipe. Vitrified Clay Pipe shall meet the following requirements: 1. Material. The pipe shall be extra strength clay pipe manufactured to meet or exceed all requirements of ASTM C-700. Compression joints shall conform to ASTM C 425. 2. Testing. Manufacturing testing methods shall conform to ASTM C 301.. Certificates of compliance shall be made available to the Engineer. 3. Installation. Installation of the pipe shall follow manufacturers guidelines, these specifications and ASTM C 12-95 "Standard Practice for Installing Vitrified Clay Pipe Lines." Addendum No. l Page 2 of 4 Project: Trunk Sewer Replacement Along South Chester Avenue~From Planz Road To El Sereno Drive 4. Field Tests. In-field pressure tests shall conform to these specifications and ASTM C 828. Shop Drawings and Calculations. Contractor shall submit manufacturers information showing dimensional, material and joint criteria to the engineer for review. The Contractor shall submit the proposed trench design for installation of Clay pipe in order to meet strength ' requirements. The Contractor's calculations shall clearly show trench design methodology. The calculations shall be signed and stamped by a registered engineer. The submittal shall be approved by the City engineer prior to construction. Pipe Trench Classifications. Vitrified Clay Pipe shall be installed in the proper ASTM Trench Classification as approved by the engineer.. 3. Replace the payment clause for section 7-2.02, "SANITARY SEWER PIPE" with the following revised payment clause (italic font indicates text added): PAYMENT. -Sanitary Sewer Pipe shall be paid for at the contract unit price per lineal foot, which price shall include full compensation for furnishing all labor, materials, including bell and spigot and smooth. wall pipe, tools and equipment and for doing all work in installing sewer pipe as specified. Partial payment shall be administered as follows: 65% - at the completion of excavation and placement of pipe 20% - at the completion of backfill and compaction 1'0% - at the completion of the various tests required according to the various types of pipe 5% - at the completion of pipe cleaning and video inspection. No additional compensation. will be made, if an adjustment, when directed by the Engineer, of as much as one (1) foot is made to the elevation of the pipe flowline. 4. Replace the payment clause for section 7-2.06, "CONNECTION TO EXISTING MANHOLES" with the following revised payment clause (italic font indicates text added) PAYMENT. Full compensation for conforming to the requirements for this article, including concrete collar and reforming manhole channels, shall be considered as included in the contract price paid for various items of work and no additional compensation will be made therefor. Addendum No. l Page 3 of 4 Project: Trunk Sewer Replacement Along South Chester Avenue From Planz Road To El Sereno Drive 5. Add the following clause to section 2. 2-1.14 RECORD OF GEOTECHNICAL INVESTIGATION. Test borings were made by Kleinfelder, Inc. in order to evaluate general soil and foundation conditions. The investigations were made for the purpose of design study, and the Contractor's attention is directed to the provisions of Section 2-1.03 of the Standard Specifications. The results of said investigations are recorded in a report entitled: "GEOTECHNICAL INVESTIGATION REPORT CHESTER AVENUE SEWER TRUNK REHABILITATION BAKERSFIELD, CALIFORNIA" Copies of the aforementioned report are on file and maybe inspected at the following offices during regular business hours. Kleinfelder, Inc. Ruettgers & Schuler Civil Engineers 5880 District Blvd., Suite 24 180121st Street, Suite 4 Bakersfield, CA 93313 Bakersfield, CA 93301 City of Bakersfield Public Works Department 1501 Truxtun Ave Bakersfield, CA 93301 PLANS: 1. On sheet 5, the D-Load for 42" smooth wall carrier pipe inside casing under Railroad Tracks, from Station 29+90 to Station 31+19, shall be revised from 2,160 lbs/ft to be 1,350 lbs/ft. 2. On sheet 10, the B and S dimensions are defined as the Bell and Spigot dimension respectively. The length of the B and S dimension is at the discretion of the contractor. 3. See attached revised detail for Manhole No. 1, sheet 10. BID DOCUMENTS: r, 1. The first sheet of the Bid Proposal sheet shall be replaced with the revised sheet attached to this addendum. 0 Addendum No. 1 ~ Pa e 3 of 4 Project: Trunk Sewer Replacement Along South Chester Avenue From Planz~Road To E1 Sereno Drive Revised Addendum No. l S. Add the following clause to section 2. 2-1.14 RECORD OF GEOTECHNICAL INVESTIGATION. Test borings were made. by Kleinfelder, Inc. in order to evaluate general soil and foundation conditions. The investigations were made for the purpose of design study, and the Contractor's attention is directed to the provisions of Section 2-1.03 of the Standard Specifications. The results of said investigations are recorded m a report entitled: "GEOTECHNICAL INVESTIGATION REPORT CHESTER AVENUE SEWER TRUNK . REHABILITATION BAKERSFIELD, CALIFORNIA" Copies of the aforementioned report are on file and maybe inspected at the following offices during regular business hours. Kleinfelder, Inc. ~ Ruettgers ~ Schuler Civil Engineers 5880 District Blvd., Suite 24 180121St Street, Suite 4 Bakersfield, CA 93313 Bakersfield, CA 93301 City of Bakersfield Public Works Department 1501 Truxtun Ave Bakersfteld, CA 93301 PLANS: 1. On sheet 5, the D-Load for 42" smooth wall carrier pipe inside casing under Railroad Tracks, from Station 29+90 to Station 31+19, shall be revised from 2,160 lbs/ft to be 1,350 lbs/ft. 2. On sheet 10, the B and S dimensions are defined as the Bell and Spigot dimension respectively. The length of the B and S dimension is at the discretion of the contractor. 3. See attached revised detail for Manhole No. 1, sheet X911, BID DOCUMENTS: 1. The first sheet of the Bid Proposal sheet shall be replaced with the revised sheet attached to this addendum. Addendum No. l Page 4 of 4 Project: Trunk Sewer Replacement Along South Chester Avenue From Planz Road To El Sereno Drive NOTE: All contractors bidding this work shall denote in their ,proposal that they have received ADDENDUM N0.1. Addendum approved by: ohn D. Schuler Purchasing Officer Ruettgers & Schuler Civil Engineers Theodore D. ri ht g .Civil Engineer IV ~I DDENDUM ~NO. 7 ELL ENO 2OO ~ j 18"x4'STUBO0.108 ~O~ , MANHOLE (C PSACCEPTABLE) . v~ - SEE DETAIL A FOR ANGLES • Q ~c~ ROW - - CONCRETE COLLAR ~ ~ 6 MIN THICKNESS. f / ~ NEW 42" SEWER ~4 O 6" 0/C 807H WAYS / F~'/S ~C / 108" ID MANHOLE SEC710N 24+ R ~ PROVIDE HARD BURNED BRICK & MORTAR - _ DIVERSION WALL ACROSS INVERTS EXISTING 42" SEWER T ~ 0 (TO BE ABANDONED) ~ / 2 ~y 6'X48" DIA STUB SPIGOT END n \~O REVISIONS TO ORIGINAL DETAIL 1O FlLL BEHIND WALL MATH SAND AND COVER 42" RCP WITH 3" GROUT CAP O2 PLUG PIPE WITH MECHANICAL PLUG AS APPROVED Q ~1$ BY THE ENgNEER ~V ~ Q3 ADD 18" RCP S1U6. INVERT OF 18" PIPE 0.90' 'ry/ ABOVE INVERT OF 42" RCP DETAIL A M~INHOLE NO. 7 SOUTH CHESTER A T PL,~1 NZ N TS PROPOSAL FOR TRUNK SEWER REPLACEMENT ALONG SOUTH CHESTER AVENUE FROM PLANZ ROAD TO EL SERENO DRIVE To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. ITEM ESTIMATED UNIT OF ITEM ~ ~ UNIT PRICE EXTENSION 0. QUANTITY MEASURE (in figures) PRICE (in figures) 1 1 LS Mobilization 2 1 LS _ Traffi c Control.. _ _ . _ 3 b,560 LF Roadway Reconstruction 4 1 LS Abandon Sewer and Manholes 5 .-1 LS Clearing & Grubbing _ d 1 LS Finishing Roadway 7 1 LS Trench Sheeting, Shoring & Bracing 8 4,560 LF 42" Sanitary Sewer Pipe _ Signed Bidder T Page 1 of 4 TABLE OF CONTENTS . NOTICE TO CONTRACTORS 1 DESCRIPTION OF WORK 2 SPECIAL PROVISIONS 3 SECTION 1-DEFINITIONS AND TERMS 3 1-1.01 General 3 1-1.02 Definitions and Terms 3 SECTION 2 -PROPOSAL REQUIREMENTS 4 2-1.01 General Information 4 2-1.02 Approximate Estimate . 4 2-1.03 Examination of Plans, Specifications, Special Provisions, and Site of Work 4 2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities 4 2-1.05 Proposal Form 4 2-1.06 Bidder's Guarantee 4 2-1.07 Required Listing of Proposed Subcontractors 4 2-1.08 Bid Submittal Items 4 2-1.09 Omissions in Specifications and Drawings 5 2-1.10 Withdrawal of Proposals 5 2-1.11 Public Opening of Proposals 5 5, 2-1.-12 ~ Relief ~o~f Bidders . 2-1.13 Disqualification of Bidders 5 SECTION 3 -AWARD AND EXECUTION OF CONTRACT 6 3-1.01 General , ~ 6 3-1.02 Award of Contract 6 3-1.03 Contract Bonds 6 3-1.04 Execution of Contract 6 3-1.05 Return of Bidder's Guarantees 6 SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 7 4-1.01 General 7 SECTION 5-GENERAL 8 5-1.01 State Contract Act Not Applicable 8 5-1.02 Alteration in Quantity of Work 8 5-1.03 Control of Work 8 5-1.04 Prevailing Wages 8 5-1.05 Payroll Records 9 i 5-1.06 Labor Nondiscrimination 9 5-1.07 Apprentices 9 5-1.08 Trench Safety 9 5-1.09 Sound Control Requirements 10 5-1.10 Permits and Licenses 10 5-1.11 Working Hours 10 5-1.12 Laws to Be Observed 10 5-1.13 Contractor's Insurance 10 5-1.13a Indemnity 10 5-1.13b Insurance 10 5-1.14 Contractor's Authority 11 5-1.15 Work in City Streets 11 5-1.16 Right of Way 11 5-1.17. Suspension of Contract 11 5-1.18 Temporary Suspension of Work 12 5-1.19 Payments 12 5-1.20 Final Payment 12 5-1.21 Increased or Decreased Quantities 13 5-1.22 Hazardous Materials 13 5-1.23 Highway Construction Equipment 13 SECTION 6 -CONTROL OF MATERIALS 14 6-1.01 General 14 6-1.02 Borrow, Disposal and Material Sites 14 6-1.03 Certificates of Compliance 14 SECTION 7 -CONSTRUCTION DETAILS S-0 7-1.01 Control of Work S-1 7-1.02 Order of Work S-1 7-1.03 Relations with Kern County S-1 7-1.04 Relations with the Union Pacific and San Joaquin Valley Railroad Companies S-2 7-1.05 Control of Groundwater and Waste Water S-2 7-1.06 Obstructions S-2 7-1.07 Mobilization S-3 7-1.08 Traffic Control S-3 7-1.09 Existing Highway Facilities , S-5 7-1.10 Roadway Reconstruction . 7-l.l l Abandon Sewer and Manholes S-6 7-1.12 Cold Plane Asphalt Concrete Pavement S-6 _ 7-1.13 Sawcut Asphalt Concrete Pavement S-7 7-1.14 Remove Concrete S-7 7-1.15 Clearing and Grubbing S-7 7-1.16 Dust Control S-7 7-1.17 Earthwork S-8 7-1.18 Hazardous Waste in Excavation S-8 7-1.19 Trench Excavation S-9 7-1.20 Trench Sheeting, Shoring and Bracing S-9 7-1.21 Trench Back~ll S-9 ii 7-1.22 Finishing Roadway S-11 7-1.23 Aggregate Base S-11 7-1.24 Asphalt Concrete 5-11 7-1.25 Miscellaneous Concrete Construction S-14 7-1.26 Roadside Signs 5-14 7-1.27 Traffic Stripes and Pavement Markings S-14 7-1.28 Traffic Signal Detector Loops S-14 SECTION 7-2 -SANITARY SEWER S-16 7-2.01 General 5-16 . 7-2.02 Sanitary Sewer (PVC Lined RCP) S-16 7-2.03 Bored/Jacked Pipe 5-20 7-2.04 Polyvinyl Chloride Plastic (PVC) Smooth Wall 5-20 7-2.05 Manholes (PVC Lined) S-21 7-2.06 Connection to Existing Manholes S-21 APPENDIX-Asphaltic Emulsion Inductive Loop Sealant 5-22 PROPOSAL (Yellow Pages) X-1 Proposal Form X-1 Bidder's Bond X-5 Noncollusion Affidavit X-7 SAMPLE COIV'TRACT X-8 Construction Projects Agreement X-8 Faithful Performance Bond X-15 Material and Labor Bond X-16 Escrow Agreement for Security Deposits in Lieu of Retention X-17 Guarantee -Material and Workmanship X-19 Guarantee -Equipment X-20 G:Ieng1SHAREDIPROJECTSICNMICHESTRSWR1E7K005TOC.wpd 111 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 November 4, 1999, to be publicly opened and read immediately thereafter in the City Council Chamber, for the following ~vork: TRUNK SEWER REPLACEMENT ALONG SOL~'H CHESTER AVENUE FROM PLANZ ROAD TO EL SERENO DRIVE NOTE: The City of Bakersfield has previously issued a list of approved bidders for this project. This list , was determined by the City's. review of Responsibility and Questionnaires submitted by interested contractors. The City will only open bids submitted by contractors who were approved by the City to be on the Final Bidders List. Bids submitted by contractors who are not approved to be on the Final Bidders List will not be opened. The following contractors have been approved to be on the Final Bidders List: Granite Construction Co. W. M. Lyles Co. P. 0. Box 5127 P. 0. Bo~c 80605 Bakersfield, CA 93388 Bakersfield, CA 93380 Contact: Jill New Contact: Rich Nemer Phone: 661-399-3361 Phone: 661-589-9420 Mauldin-Dorfineier Constr. Co Griffith Company 3240 N. Milbrook P. 0. Box 70157 Fresno, CA 93726 Bakersfield, CA 93387 Contact: Alan Dorfineier Contact: Bailey Abbott Phone: 559-252-4600 Phone: 661-831-7331 Albert W. Davies HPS Plumbing Service 8737 Helms Ave. P. 0. Box 6386 Rancho Cucamonga, CA 91730 Bakersfield, CA 93386 Contact: Lester Davies Contact: Kimberly Kom Phone: 909-989-3714 Phone: 6b 1-324-2121 Ford Construction Co. Colich Bros., Inc. b39 E. Lockford Street X47 W. 1-I0`h Street Lodi, CA 95240 Gardena, Ca 90248 Contact: Carla Taylor Contact: Tom Colich Phone: 209-333-1116 Phone: 3?3-770-2920 Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Offices uy posting a i~efundablr ueposit of ~~ro 0 )for each com~iete set. Rriund of depusit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days from the date of bid opening and the documents are in reasonable good condition. The City 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, ~vhich appears herein immediately following the SPECL~L PROVISIONS of the prof ect, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions," of~ the Standard 1 Specifications and Section 2, "Proposal Requirements", of the special pro~~isions issued for this project. Each bid must be accompanied by a proposal guarantee in accordance with the pro~~isions set forth under Section 2, "Proposal Requirements and Conditions," of'the Standard Specitic~tions and SP~tion 2, "Proposal Requirements", of the special provisions issued for this project. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire tivork described herein. '6 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 Contractor's License at the time this contract is awarded. The proposed work shall be done in accordance with the Standard Specifications of the State of California, Department of Transportation, dated July, 1992, insofar as the same may apply. 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 sam le contract is included in this bid package. Please review it carefully. This is the .contract the p Contractor shall be expected to execute without alteration. If any changes are desired they must be submitted to the City for approval prior to bid opening. If approved, the changes will be issued to all prospective contractors. Failure to submit request for changes in a timely manner will result in a denial of the request for change. 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. GENERAL DESCRIPTION OF WORK The work to be performed consists, in general, of constructing a new sewer line along South Chester Avenue, between Planz Road and El Sereno Drive, complete in place with manholes and appurtenances. All other such items or details that are required by the plans, the standard specifications and these special provisions, are to be performed, constructed or furnished or installed. CITY OF BAKERSFIELD RAUL NI. ROJAS Public Works Director 2 CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 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 e 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 pronouns 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 Engineer, 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 State of California, Department of Transportation, 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. The terms bid and proposal are used in the same way and can be freely interchanged herein. 3 SECTION 2 -PROPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Ha11,1501 Truxtun Avenue, in said City until 11:00 A.M. on ~ sealed proposals for: ~~1a9 TRUNK SEWER REPLACEMENT ALONG SOUTH CHESTER AVENUE FROM PLANZ ROAD TO EL SERENO DRIVE 2-1.02 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 REJECTION 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 maybe 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 shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership 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. 2-1.06~BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10%) of the 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 '/2 of one percent of his total bid or ten-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. 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: MODIFY THIS SECTION AS NECESSARY: • Proposal Form; • Bidder's Bond Form; and • Noncollusion Affidavit Form. 4 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 of specifications. 2-1.10 WITHDRAWAL 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 Department. The written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly 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 5100 to 5 r07, 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 shallgive the Department written notice within five (S) 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 competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with .the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, 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. 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. Bidders may be disqualified for being non-responsible. 5 SECTION 3 -AWARD AND EXECUTION OF CONTRACT • 3-1.01 GENERAL. The award of the contract, if 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 awarded, will be made sixty (60) 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 b of the California Code of Civil Procedure. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal ,s to one hundred percent (100%) of the contract price. The other of the said bonds shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract, shall satisfy the requirements specified in . Section 3248 of the California Civil Code and shall be for an amount not less than indicated in the following table: Bond Amount Contract Amount One hundred percent (100%) of the total Does not equal or exceed five million amount payable by the terms of the contract dollars $5,000,000 Fifty percent (50%} of the total amount Not less than five million dollars and payable by the terms of the contract does not exceed ten million dollars ($10,000,000) Twenty-five percent (25%) of the total Exceeds ten million dollars amount payable by the terms of the contract ($10,000,000.00) 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 required 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 and Workers' Compensation insurance policies shall 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 binding upon 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 acceptable insurance documents 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 any monies or form for deposit of money that are not to be considered in making the award. All other proposal .guarantees will beheld until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 6 SECTION 4- BEGINNING OF WORD, TIME OF COMPLETION AND LIQUIDATED DA~VIAGES 4-1.01 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 Contractor shall diligently prosecute the same to completion before the expiration of 100 working days. Contract working days will commence from the date the Contractor begins work or the 15t"calendar day from the date of the written notice to proceed, whichever comes first. The Contract shall pay to the City of Bakersfield the sum of $ 500 dollars 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 conforming 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. 7 SECTION 5 -GENERAL 5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 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 parties, 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- thousanddollars ($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. ;P 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 Engineer 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 Standard 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 incase 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 starting 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 may be provided. Any work done in the absence of the Engineer will be subject to rejection. - 04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with 51. 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 an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept o en at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all P Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holida and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, Y 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 is inco orated 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 any way with the City's right to investigate conformance with the wage provisions of this contract. Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: 8 a. FIFTY 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 (8) 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. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01 A(4), "Labor Nondiscrimination," 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 implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.01 A(5), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 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 copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO 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 copy of an approval to employ and train apprentices from the local Department of Industrial 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. 5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for excavation of any trench or tenches 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 shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer. If such a 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 effective than 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 V~orks," and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.01 1, "Sound Control Requirements," of the Standard Specifications and these special provisions. 9 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) db at a distance of fifty (50) feet. This requirement in noway 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 signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 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 governmental organization which requires such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Monday throu hg_ Friday. Any deviations must be requested in writing and directed to the Engineer at the Pre-Job Conference. Written approval from the Engineer is required for work beyond these limits. Any time work proceeds which requires inspection services for more than a nine and one-half (9.5) hour work 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. 5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National. laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged 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. 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and .approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused 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 party indemnified hereunder, except as limited by California Civil Code § 2782. 5-1.13B INSURANCE. In addition to any other insurance or bond required under 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: 1. Automobile liabilityinsurance,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: a. Provide coverage for owned, non-owned and hired autos. b. Provide contractual liability coverage for the terms of this Agreement. 2. Broad form commercial general 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: 10 a. Provide contractual liability coverage for the terms of this Agreement. b. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 3. Workers' compensation 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 in 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:VII. 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 required hereunder shall be maintained until all work required to be performed by this Agreement is 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 special provisions. The City may withhold payments hereunder if certificates of insurance and endorsements required in the Agreement are not maintained. 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 i~n charge of this project. 5-1.15 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 Ordinances 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. 5-1.16 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. 5-1.17 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 11 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 a manner as the Engineer may deem proper; or the City Council may annul and cancel the contractand 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. 5-1.18 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 maybe 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. 5-1.19 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. 5-1.20 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 materialsand/or 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 done 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 estimates 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 12 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. 5-1.21 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". 5-1.22 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. ADD TO SECTION 5 WHEN FULL COMPLIANCE WITH THE VEHICLE CODE IS DESIRED ` 5-1.23 HIGHWAY CONSTRUCTION EQUIPMENT. Attention is directed to Section 7-1.01 D, "Vehicle Code," and Section 7-1.02, "Weight Limitations," of the Standard Specifications and these special provisions. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and .are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11,12,13,14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 13 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 6-1.07, "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. 14 SECTION 7 -CONSTRUCTION DETAILS S-0 7-1.01 CONTROL OF WORK. Control of work shall conform to the provisions of Section 5 "Control of Work" of the Standard Specifications and the following requirements. The intent of this ~ section is to provide the least possible disruption of traffic flow while creating a substantial work area for the Contractor. 7-1.02 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work", of the Standard Specifications and these special provisions. The Contractor shall schedule his work so it will not unduly ,a impede street traffic of interfere with railroad operations. To minimize impacts on street traffic and adjacent businesses and residences the Contractor shall restrict active Trunk Line Construction to within the limits of the following work zones. Work Zone Zone Limits (Trunk Line Construction) 1 25 feet North of Planz Road intersection to 25 feet South of Geneva Avenue intersection 2 25 feet South of Geneva Avenue intersection to 25 feet South of Wilson Avenue intersection 3 25 feet North of Wilson Avenue intersection to 25 feet South of Southgate Street intersection 4 25 feet South of Southgate Street to South of 25 feet Ming Avenue intersection ' 5 25 feet North of Ming Avenue to the end of the project No more thin one work zone shall be active at any given time. The term Trunk Line Construction shall mean the active digging of trenches, laying the 42" pipe, construction of new manholes, and subsequent backfill and partial reconstruction of the roadway. Partial reconstruction of roadway shall involve compacting subgrade, placing aggregate base and placing asphalt concrete pavement to 0.10' below finished grade as shown in the plans. The Contractor will be allowed to stockpile material only within the active work zone. Other work, including lateral tie-ins to new manholes, abandoning existing manholes and trunk line, raising new manholes to grade, sewer bypass work and other incidental work shall not be restricted to work zone. areas. The above zones do not include the following intersections: Intersection Working Days Allowed Within Intersection Planz Road 7 Wilson Road 7 Ming Avenue 10 These shall remain open at all times, with limitations as described in Section 7-1.07 Traffic Control of these special provisions. Work within these intersections shall be limited to the number of days shown above. Contractor shall pay the City $400 per day in excess of days allowed in each intersection. The contractor shall obtain approval by the Engineer for length of time in the intersection for incidental work and final paving operations. No lane closures in the Ming Avenue intersection will be allowed between September 15 through October 3 due to increased traffic from the Kern County Fair. 7-1.03. RELATIONS WITH KERN COUNTY. The City has been issued 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. The Contractor shall contact the "Kern Sanitation Authority" 24 hours in advance of any work in County Right of Way or on County lateral sewer lines. 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. S-1 7-1.04 RELATIONS WITH THE UNION PACIFIC AND SAN JOAQUIN VALLEY RAILROAD COMPANIES The City of Bakersfield is in the process of acquiring a permit for work within the Railroad right of way for boring casing pipe and placing carrier pipe, including bore pits and shoring. The Contractor will be required to contact the Railroad companies prior to construction to obtain a permit in the contractor's name. San Joaquin Valley Railroad Union Pacific Railroad Bill Tongate Stan Misfeldt 4300 Easton Drive #23 1800 Farnam St Bakersfield, CA 93309 Omaha, Nebraska 68102 (661) 864-0140 (402) 997-3563 . The Contractor shall be responsible for payment to the Railroad for permit, inspection services and insurance if required by the Railroad. 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 CONTROL OF GROUNDWATER AND WASTE WATER. The Contractor shall furnish, install and operate all necessary equipment to keep trenches reasonably free from water and to provide for proper bedding of the pipe. All water removed from trenches or flushed from pipes shall be disposed of in such a manner that will cause no injury to public or private property, or cause no nuisance of menace to the public. Under no circumstances will the laying of pipe or the placing of concrete under water be permitted. The Contractor shall take all necessary precautions to prevent pipe flotation. 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. 7-1.06 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-l.l 1, "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 improvements . for any damage or interference with service resulting from conducting his operations. 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. The Contractor will be responsible for contacting utility companies and for protection of existing utilities. Following is a list of known utilities. Water: Gas and Electric: Rudy Valles Amador Galvez California Water Service Co. Pacific Gas & Electric 3725 South H Street 1918 H Street Bakersfield, CA 93307 Bakersfield, CA 93301 (661) 832-3238 ext.1031 (661) 398-5833 S- 2 Fiber Optic: Francis Busque S55 Seventeen Street Denver, CO 80202 {303} 992-1400 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. 7-1.07 MOBILIZATION. Mobilization shall conform to Section 1 1, "Mobilization", of the Standard Specifications and these special provisions. PAYMENT. Full compensation for conforming to the requirements of this article shall be paid for at the lump sum contract price and no additional compensation will be allowed therefor. 7-1.08 TRAFFIC CONTROL. Traffic Control shall conform to Sections 7-1.08, "Public Convenience", 7-1'.09 "Public Safety", and 12 "Construction Area Traffic Control Devices" of the Standard Specifications and these special provisions. 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. Lane closures shall conform to the provisions in Section 7 of the Standard Specifications, and as approved 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. Restriction of traffic within the following intersections shall be limited to closure of left turn lanes and reduction of through lanes to provide a single lane of travel. in each direction. Planz Road Wilson Road SouthGate Ming Avenue Upon completion of Trunk Line Construction in the intersections the Contractor shall reconstruct the roadway to a passable condition for public traffic. In the area of active Trunk Line Construction the contractor may stop traffic with proper signs and flagmen for brief periods of time to allow movement of equipment and materials, as approved by the Engineer. The City will be responsible for contacting adjacent property owners of impending lane and intersection closures. The Contractor will be responsible to inform the Engineer three weeks in advance of any lane or intersection closure and estimate the duration for which the closure will be required. The Contractor will also be responsible for supplying temporary No Parking signs. Where construction operations are actively in progress, a minimum of one traffic lane for each direction of travel shall be open for use by public traffic. Such lanes shall not be less than sixteen (16) feet in width. The Contractor will be required.. to leave one lane open in each direction within the limits of active Trunk Line Construction as described in Section 7-1.02 "Order of Work" of these special provisions. Intersections, other than those listed in "Order of Work", S- 3 may be closed to cross traffic in the active area of Trunk Line Construction. Closed lanes and open trench zones shall be separated from travel lanes with Temporary Railing (Type K). Following partial reconstruction of roadway in active work zone, lanes shall be re-opened to traffic prior to establishing next work zone. The roadbed shall be maintained at a smooth, even condition, free of humps and depressions, satisfactory for the use of public traffic. The contractor shall prepare and furnish the City with a proposed signing and traffic control plan, signed by a registered Civil Engineer, which will conform to the Contractor's proposed work, and the requirements of this article. The plan shall contain proposed signs, temporary pavement delineation, Temporary Railing (Type K) and any other traffic control items as required. In addition to standard signage the contractor will be required to furnish informational,signs which let the public know when the intersections called out in Section 7-1.02 "Order of work", will be affected and which movements will be closed or affected. The plan shall include all phases of work. For incidental work a typical traffic control plan will be acceptable. Three copies of the plan shall be submitted to the City prior to the pre- constructionmeeting for approval by the appropriate agency. A detour will be required for Eastbound to Northbound left turns at Ming Avenue and South Chester, the details of which are shown on the plans. Signs and delineation for other lane closures or modifications in Ming Ave shall be supplied by the Contractor with the required Traffic Control plan. Temporary,pavementdeBneation shall be furnished, placed, maintained and removed in accordance with the provisions in Section 12-3.01, "General," of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department or as relieving the Contractor from his responsibility as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Laneline or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with .anew pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers and removeable traffic type tape which conflicts with a new traffic pattern or which is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Construction activities which impact traffic signal operation shall be coordinated with the Engineer, a minimum of two days in advance of activity. In order to expedite 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, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. 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. The first paragraph in Section 12-2.02 "Flagging Costs," of the Standard Specifications is amended to read: "The cost of furnishing all flaggers including transporting flaggers, to provide for the passage of public traffic through the work under the provisions in Section 7-1.08, "Public Convenience" and 7-1.09, "Public Safety" will be borne 100 percent by the Contractor." when deemed necessary by the City, the signs "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. S- 4 The Contractor shall report all accidents to the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article will be paid for at the lump sum contract price and no additional compensation will be allowed therefor. 7-1.09 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. P Existing highway signs and street markers shall remain the property of the Owner. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. There may be found in the sewer trench abandoned steel water lines at various locations. The contractor will be responsible for removal and disposal of abandoned water lines. Approximate locations of water lines are shown on the plans, however the Contractor shall coordinate with California Water Service Co. prior to removal of any lines. Ends of removed lines shall be plugged. Existing highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Existing facilities which will be demolished or removed due to pipeline construction will need to be replaced by the contractor. Reconstruction of existing facilities shall conform to the requirements of Section 15-2.05 "Reconstruction", of the Standard Specifications and these Special Provisions. PAYMENT. Full compensation .for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed. therefor. 7-1.10 ROADWAY RECONSTRUCTION: Portions of the roadway, and related features which are demolished or removed in order to install pipelines or structures shall be reconstructed in conformance with .Section 15-2.05 "Reconstruction", of the Standard Specifications and these Special Provisions. It shall be the responsibility of the Contractor to establish lines and grades of existing improvements. Reconstruction will include, but is not limited to the following items: • Roadway • Median Curb and treatment Striping • Detector Loops • Lighting and Signal Standards • Pull Boxes, Signal Conduit • Signs Road and median reconstruction shall conform to the typical section shown on the plans, the limits of which depend on the Contractors operations. The Contractor shall be responsible for controlling lines and grades of improvements to be reconstructed. ,T Work in this section shall conform to the provisions of Section 7-1.01 Control of Work, and Section 7-1.02 "Order of Work" of these special provisions. When progressing from one work zone to another the roadway shall be reconstructed and brought to within 0.10' of final grade. After all sewer work, from beginning to end of project is r completed, the existing pavement adjacent to the new pavement shall be cold planed 0.10' to match the new asphalt concrete. The width of cold planing shall be as shown on the plans or to the limit of damage due to construction operations. Proper oil -sand tapers shall be in effect at all times.. A final course of Asphalt Concrete shall be placed to bring the roadway to final grade. S- 5 MEASUREMENT. Roadway Reconstruction will be measured in linear feet along the centerline of the 42" Sanitary Sewer pipe installed. PAYMENT. Roadway Reconstruction will be paid for at the contract unit price per lineal foot which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in reconstructing the roadway, including, but not limited to, cold planing, sawcutting existing pavement, placing compacted aggregate base, placing asphalt concrete pavement, reconstructing medians, replacing signal detector loops, replacement, relocation and re-connection of related signal and lighting facilities, placing traffic stripes and markings and re-installing signs. 7-1.11 ABANDON SEWER AND MANHOLES. When all work has been completed and the existing trunk line is no longer in service and all incoming lines have been connected to the new trunk line, the existing trunk line shall be . completely backfilled with a two sack slurry, in accordance with Section 19-3.062, "Slurry Cement Backfill", of the ' Standard Specifications and these Special Provisions. Abandoning manholes shall conform to Section 15-2.OSA "Frames, Covers Grates and Manholes", of the Standard Specifications and these Special provisions. Existing manholes which have sewer laterals which are to be extended to the new trunk line shall be removed to a depth sufficient to allow lateral extension. The resulting hole shall be backfilled with acceptable imported borrow or material from excavation. Abandonment of existing manholes which do not have sewer laterals or where laterals will not be extended to new trunk line shall conform to Section 15-2.OSA "Frames, Covers Grates and Manholes", of the Standard Specifications and these Special provisions. The remaining structure shall be backfilled with a two sack slurry to a depth of three feet below finished grade. The Contractor shall perform his operations to minimize damage to existing sewer frame and covers. Undamaged frame and covers shall be delivered to the City of Bakersfield Waste Water Plant #3. MEASUREMENT AND PAYMENT: Full compensation for furnishing all labor, material, tools, equipment, and incidentals, and for doing all the work involved in Abandon Sewer and Manholes, including extension of lateral sewer lines, shall be paid for at the lump sum contract price and no additional compensation will be allowed therefor, 7-1.12 COLD PLANE ASPHALT CONCRETE PAVEMENT. Existing asphalt concrete shall be cold planed at .the locations and to the dimensions shown on the plans and in accordance with these special provisions. The planing machine shall be self propelled and especially designed and built for grinding flexible pavements. It .shall plane without tearing or gouging the underlying surface and blade material in a windrow. Drum lacing patterns shall permit a grooved or smooth surface finish as selected by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened material into adjacent work areas. A zero (0) inches to three (3) inches deep cut to predetermined grade may be required on one (1) pass. The machine shall be adjustable as to crown and depth. The equipment shall meet the standards set by the Air Quality Act of 1949 for noise and air pollution. The Contractor shall provide smaller machine to trim areas inaccessible to the larger machine at manholes, curb returns and intersections. The smaller machine shall be equipped with a twelve (12) inch wide cutting drum mounted on a three (3) wheel chassis allowing it to be positioned without interrupting traffic or pedestrian flow. Jack hammering areas not accessible to grinding machine is not allowed. ~r The surface tolerance produced shall be such that a ten foot straight edge laid laterally will indicate variances of less than three-eights (3/8) inch. The contractor shall remove all loosened material from the roadway each day before leaving the site of the work. All milled material shall remain the property of the City of Bakersfield. The milled material shall be delivered the sand pit located on Watts Drive, as directed by the Street Maintenance Division. The Contractor shall. contact Luis Peralez, Street Maintenance Division at 326-3111, to coordinate the delivery of the milled materials. S- 6 The Contractor shall protect structures and provide necessary traffic control and barricades as required by the Engineer. Temporary oil-sand ramps shall be constructed at intersecting streets, and along longitudinal joints, immediately after cold planing and prior to opening the lanes to traffic. Cold planing operations shall not commence until temporary oil-sand is on site with workers to place material. Cold planing cuts across travel lanes shall be the last cuts made at each side. After removal of loosened material from such cuts, temporary ramps shall be consfiruucted ofoil-sand at the deep end of cuts before opening the lane to traffic. n Irregular, gouged, ripped or damaged areas, as determined by the Engineer, shall not be accepted. All such areas shall be repaired by methods approved by the Engineer, prior to resurfacing operations. The Engineer, at his discretion, may . require substitution of planing machine and/or operating personnel if the cold planed surface does not meet these specifications. _ Existing traffic detector loops damaged during cold plane operations will be returned to their original condition. PAYMENT. Full compensation for .conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.13 SAWCUT ASPHALT CONCRETE PAVEMENT. Existing asphalt concrete at the edge of the trench shall be sawcut as required and as directed by the engineer to obtain a clean, undamaged vertical face prior to placing new Asphalt Concrete. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so as not to damage the .integrity of the edge of the saw cut pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.14 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15, "Existing Highway Facilities", Section 1 b, "Clearing and Grubbing", and Section 19-1.04, "Removal and Disposal of .Buried Man-Made Objects", of the Standard Specifications and these special provisions. Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of way", of the Standard Specifications. MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Abandon Sewer and Manholes and no additional compensation will be allowed therefor. 7-1.15 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing", of the Standard Specifications and these special provisions. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Clearing and Grubbing, and no additional compensation will be allowed therefor. 7-1.16 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. S- 7 ' b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In residential areas, a self contained, pick-up type, power broom with water distribution system shall be used. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. ry 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. 7-1.17 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork", of the Standard Specifications and these special provisions. Surplus material shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 7-1,13, "Disposal of Material Outside the Highway Right of Way", of the Standard Specifications. When asphalt concrete is to be placed on the grading plane, the grading plane at any point shall not vary by more than 0.05 foot above or below the grade established by the Contractor, and approved by the Engineer. The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent)", of the Standard Specifications are amended to the limits shown on the plans and typical cross sections and shall be determined by: California Test Methods 216 or 231, or ASTM (current edition) D1557 and one of the following D2922 or D 1556. The subgrade must be smooth, uniform and true to the required grade. Impact equipment shall not be used in areas developed with buildings unless authorized by the Engineer. In areas where existing bituminous surfacing is to be placed in embankments more than two (2.0) feet below finished grade or where embankment is to placed over existing bituminous surfacing more than two (2.0) feet below finished grade, the surfacing shall be broken up and mixed with the underlying or embankment material to produce a dense, compact embankment, In areas where existing bituminous surfacing is to be placed in embankments within two (2.0) feet of the finished grade or where embankment is to be placed over existing bituminous surfacing within two (2.0) feet of finished grade, the surfacing shall be broken that no lumps greater than 3" in maximum dimension remain. If required for pipeline backfill imported borrow must be clean and; free from vegetable matter and other deleterious substances and must conform to the following requirements: Tests Test Method Test Results Sand Equivalent 217 18 min. Resistance (R-Value) 301 40 min. The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of twenty-five (25) or more. In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a ,a suitable gradation to produce a firm and stable surface. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Sanitary Sewer (Various Sizes) and no additional compensation will be allowed therefor. 7-1.18 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in excavation which he has reason to believe may be hazardous waste, as defined by Section 25117 of the "Health and Safety Code", he shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling S- 8 operation, the Contractor will be granted an extension of time as provided in Section 8- l .07, "Liquidated Damages", of the Standard Specifications. If such suspension delays the current controlling operation more than two (2) working days, the delay will be considered a right of way delay and the Contractor will be compensated for such delay as provided in Section 8-1.09, "Right of Way Delays", of the Standard Specif cations. a The Department reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area. n 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. 7-1.19 TRENCH EXCAVATION. The excavation of trenches for piping laid in the ground shall be in open-cut from the surface of the ground except where boring is required. The trenches shall be of width as shown on City of Bakersfield Standard ST-22 for proper pipe installation. The holes for bells and fittings shall be excavated by hand, to a width providing uniform bearing of at least sixty percent (b0%) of the pipe I.D. It is the intention of these requirements to provide firm, uniform bearing for the pipe. When additional gravel, crushed rock, or imported backfill material is required to stabilize a soft, wet, or spongy foundation, such gravel, crushed rock, or imported backfill material shall be furnished at the Contractor's expense. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit. prices paid for Sanitary Sewer and no additional compensation will be allowed therefor. 7-1.20 TRENCH SHEETING, SHORING AND BRACING. Excavation shall be supported as set forth in the rules, orders, and regulations of the State Division of Industrial Safety. If the Contractor desires to deviate from the safety orders, he shall submit data by a registered civil engineer to the State Division of Industrial Safety, justifying the alternate procedures to be used. Failure to comply with any of these rules, orders and regulations shall be sufficient cause for the State Division to immediately suspend all work. Compensation for losses incurred by the Contractor by such an emergency suspension shall not be allowed. During backfilling, the bottom of the shoring shall be kept above the level of the backfill at all times. Attention is directed to Section 5-1.02A, "Trench Excavation Safety Plans" of the Standard Specifications. Section 6422 of the California Labor Code required the Contractor to submit to the Engineer a detailed plan, drawing the design of shoring, bracing, sloping or other provisions to be made by the Contractor for the purpose of worker protection from the hazard of caving ground during the excavation of trenches necessary for the construction of the project. If such plan varies from the shoring system standard established by the Construction Safety Orders, the plans shall be prepared and certified by a registered civil or structural engineer; however, use of systems that are less effective then those required by the Construction Safety Orders is prohibited on this project. Nothing in this requirement, or within Section b422 of the Labor Code, shall be construed to impose tort liability to the Owner, City, or Employees. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the lump sum price paid for Trench Sheeting, Shoring and Bracing and no additional compensation will be allowed therefor. 7-1.21 TRENCH BACKFILL. Trenches shall not be left open farther than three hundred (300) feet in advance of pipe laying operations or two hundred (200) feet to the rear thereof, unless otherwise permitted by the Engineer. BEDDING AND BACKFILL. All work shall conform to the applicable sections of the Standard Specifications, dated July,1992. Shaped bedding shall conform to Section 19-3.025 "Culvert Bedding" of the Standard Specifications dated July 1992. S- 9 Backfill materials in the pipe zone shall be placed in layers not to exceed twelve (12) inches simultaneously, on each side of the pipe, in such a manner as not to damage or disturb the pipe or its alignment and grade. Backfill material above the pipe zone shall be free of deleterious materials and lumps or stones exceeding three (3) inches in greatest dimension and shall be placed in layers not exceeding eighteen (18) inches. Each layer shall be thoroughly compacted by vibratory or mechanical tamping, or by a combination of these methods. Flooding and jetting shall not be allowed. There must be at least one foot of cover over the pipe before compaction above the pipe zone will be allowed. ACHIEVING FIRM BEDDING BELOW PIPE SPRINGLINE. Contractor shall provide "firm bedding" support a for the pipe below the springline. . Bell or coupling holes shall be carefully excavated at proper intervals, so that no part of the load is supported by the bells or couplings. During bedding and backfilling, consolidation of material around and under bells and couplings shall be avoided. Contractor shall shovel-slice or hand tamp bedding in the haunch areas, as this will minimize voids beneath the pipe and in the haunch areas. Shovel-slicing or hand tamping shall be done before the bedding is brought up to the quarter point of the pipe. INITIAL BACKFILL. After the pipe has been properly laid and inspected, initial backfill shall be placed on both sides and over the pipe to such a depth that, after thorough consolidation, the final depth shall be at least to the elevation shown on the plans. The. material shall be consolidated by vibratory or mechanical tamping and the equipment and manner of tamping must be approved in writing by the Engineer prior to commencing operation. Impact equipment may be allowed under the direction of the Engineer. However, the Contractor is responsible for .any damage resulting from the use of this equipment. Hydra-Hammer will not be permitted. SUBSEQUENT BACKFILL. Above the level of initial backfill, the trench may be backfilled with native material resulting from trench excavation, or at the option of the Contractor, select imported materials may be used. Native material or imported material may be compacted by tamping and/or rolling, using equipment and methods approved by the Engineer. When the Contractor compacts by tamping and/or rolling, the backfill material shall be placed in layers not exceeding eighteen (18) inches in loose depth, each layer being thoroughly compacted by tamping and/or rolling before succeeding layers are placed. Compaction of subsequent backfill within two and one-half (2-1/2) feet of finished permanent surfacing grade shall be accomplished by tamping and/or rolling as specified above. Where the trench is within the pavement on existing streets,. the backfill within two and one-half (2-112) feet of finished permanent grade .shall be compacted to ninety- fivepercent (95%) relative compaction. Subsequent backfill placed by tamping and/or rolling shall be free from stones or lumps exceeding three (3) inches in greatest dimensions, vegetable matter, or other unsatisfactory materials. In no case shall jetting be allowed for backfill compaction within the street. When approved by the Engineer, jetting may be used in landscaped areas. BACKFILL TESTING AND COMPACTION. Testing of backfill materials and compaction shall be in accordance with Section 6-3, "Testing", and Section 19, "Earthwork", of the Standard Specifications, State of California, and the Standard Specifications of the Department of Public Works, Division of Highways. Each layer of backftll shall be thoroughly compacted to the relative compaction of not less than is shown on City of Bakersfield Standard ST-22. Relative compaction shall be determined by California Test Methods 216 or 231, or ASTM (current edition) D1557 and one of the following D2922 or D1556. Each layer of backfill material shall meet the compaction, sand equivalent, and gradation requirements before the next layer is placed. 5-10 If the relative compaction, as determined by testing, fails to meet the specified percentage, the trench shall be re- excavated and re-compacted. The initial compaction test and one retest, for each location, will be paid for by the City. The Contractor shall pay for any subsequent tests. a PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Sanitary Sewer and no additional compensation will be allowed therefor. 7-1.22 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing A Roadway", of the Standard Specifications and these special provisions. In addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard Specifications, the following shall apply: The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations. .The Contractor may use any method, approved by the Engineer, that does not create a dust problem to 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. The first paragraph in Section 22-1.03, "Payment", of the Standard Specifications, is amended to read: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing .the entire project, whether inside or outside the highway -right of way, and all other areas, ..whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on the plans,. and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, shall be considered as included in the lump sum price paid for Finishing Roadway and no additional compensation will be allowed therefor. 7-1.23 AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases", of the Standard Specifications and these special provisions. A gregate base shall be compacted. to ninety-five percent (95%) relative compaction. Compaction will be determined g. by the following test methods: California No. 216, California No. 231, or ASTM (current edition) D1557 and one of the following D2922 or D1556. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.24 ASPHALT CONCRETE. Asphalt concrete shall be Type "B" and shall conform to the provisions in Section 39, "Asphalt Concrete", of the Standard Specifications and these special provisions. Aggregate for Type "B" asphalt concrete shall conform to the requirements for three-fourths (314) inch maximum, medium grading, as specified in Section 39-2.02, "Aggregate", of the Standard Specifications. For the final 0.10' lift of Asphalt Concrete the aggregate maybe reduced to 112 inch. Aggregate for median treatment may be reduced to 3/8 inch. 7 When directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2. , "Aggregate", of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt concrete are being constructed. 5-11 Asphalt concrete Type "B" shall have a bituminous binder of paving grade asphalt of AR 4000 viscosity grade, unless otherwise directed by the Engineer, and shall conform to the requirements shown in the table for "Steam-Refined Paving Asphalt" in Section 92-1,02, "Grades", of the Standard Specifications. Prior to commencing work on the project, the Contractor shall provide to the Engineer the following information: 4 a. The aggregate and asphalt source; b. Documentation that aggregates conform to Section 39-2.02, "Aggregate", of the Standard Specifications and these special provisions. Material sieve analysis and sand equivalent results should not be older than six (6) months. The other test results required in Section 39-2.02, "Aggregate", of the Standard Specifications should not be older than one (1) year. c. An asphalt concrete .mix design determined by California Test 367. The laboratory test results on which the design is based shall be included for review. The asphalt concrete mix shall also meet the requirements of Section 39-2.02, "Aggregate", of the Standard Specifications. If the submitted data shows that the materials are substantially the same as when the design was prepare, the design may be up to three (3) years old. The asphalt binder in the concrete shall be four and one-half percent (4.5%) to five and eight-tenths percent (5.8%) based on the weight of the dry aggregate only. The asphalt concrete shall be compacted so that the void ratio of the completed mix is between six percent (6%) and eight percent (8%}. Paving joints shall be placed at either stripe location or the center of the lane. If the finished surface of the asphalt concrete does not meet the specified surface tolerances, it shall be brought within tolerance by either: a. Abrasive grinding with equipment utilizing diamond blades (with fog seal coat on the areas which have been ground), b, Removal and replacement, or c. Placing an overlay of asphalt concrete. The method will be selected by the Engineer. The corrective work shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either Asphalt Rejuvenating Agent or Asphaltic Emulsion as directed by the Engineer. If abrasive grinding is used to bring the finished surface to specified surface tolerances, additional grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from, and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline, within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance. Abrasive grinding shall conform to the requirements in the first paragraph and the last four paragraphs in Section 42-2.02, "Construction", of the Standard Specifications. Where the compacted thickness is 0.15 foot or less, half width surfacing operations shall be conducted in such a manner that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing operations. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conforms to facilitate the removal of the conforms when paving operations resume. Where the compacted thickness is more than 0.15 foot, the Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each 5-12 work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than ten (10) feet.. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform feathers to facilitate the removal of the feathers when paving operations resume, a The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. A prime coat will not be required on subgrade prior to placement of asphalt concrete. Intersections and tapered shoulders shall be surfaced as directed by the Engineer. At road connections and private drives, shown on the plans and as directed by the Engineer,, additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth, tapered connections. The compaction after rolling shall be ninety-five percent (95%) of the density obtained with the California Kneading Compactor per California Test 304. The field density of compacted asphalt concrete shall be determined.by: a. A properly calibrated nuclear asphalt testing device in the field, or b. ASTM D 1188 when slabs or cores. are taken for laboratory testing. Zinc stearate may be substituted with paraffin. In case of dispute, method b above shall be used. If the test results for any lot of asphalt concrete indicate that the relative density is below ninety-five percent (95%), but above ninety-two and nine-tenths .percent (92.9%), the Contractor will be advised that he is .not attaining the required relative .density and that his materials, or procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction. If the tests results for any lot of asphalt concrete indicate that the relative density is less than ninety-three percent (93%), the asphalt concrete represented by that lot shall be removed, except as otherwise provided below. Asphalt concrete spreading operations shall not continue until the Contractor makes significant adjustments to his materials, or procedures, or both in order to meet the required compaction. The adjustments shall be as agreed to by the Engineer. However, if requested by the Contractor and approved by the Engineer, asphalt concrete with a relative density . of ninety. percent (90%) or greater may remain in place and the Contractor shall pay to the City the amount of reduced compensation for such lot with low compaction. The City may deduct an amount of reduced compensation from any .monies due, or that may become due, the Contractor under the contract. The amount of reduced compensation the Contractor shall pay to the City will be calculated using the total tons represented in the lot with low compaction, times the .contract price per ton for the contract item of asphalt concrete involved, times the following reduced compensation factors: Relative Reduced Relative Reduced Density Compensation Density Compensation n (Percent)Factor (Percent)Factor 93.0 0.000 91.4 0.062 92.9 0.002 91.3 0.068 92.8 0.004 91.2 0.075 92.7 0.006 91.1 0.082 92.6 0.009 91.0 0.090 92.5 0.012 90.9 0.098 92.4 .0.015 90.8 0.108 5-13 92.3 0.018 90.7 0.118 92.2 0.022 90.6 0.129 92.1 0.026 90.5 0.142 92.0 0.030 90.4 0.157 91.9 0.034 90.3 0.175 91.8 0.03 9 90.2 0.196 91.7 0.044 90.1 0.225 91.6 0.050 90.0 0.300 91.5 0.056 Where new asphalt concrete is to conform to existing paved surfaces, the existing pavement shall be sawcut. . PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.25 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs, median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk", of the Standard Specifications and these special provisions. Concrete curbs, median curbs, curb and gutter may be constructed by the fixed form method or by extrusion or slip forming. However, it is required to use equipment which is controlled automatically for alignment, grade, and cross slope by sensing from preset string lines for construction using the extrusion or slip form methods. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.26 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs", of the Standard Specifications and these special provisions. Foundations shall conform to dimensions shown on County of Kern Standard Plan R-66. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.27 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement markings shall. be (Alkyd type) thermoplastic and shall conform to Section 84-2, "Thermoplastic Traffic Stripes and Pavement Markings", of the Standard Specifications, and these special provisions. The first sentence of Section 84-2.01, "Materials" shall be revised to read: .The thermoplastic material shall conform to State Specification 8010-21 C-19. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 7-1.28 TRAFFIC SIGNAL DETECTOR LOOPS. Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and these special provisions. Location and layout of replacement of damaged or destroyed detector loops shall be as directed by the Engineer. CONSTRUCTION MATERIALS: Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Consruction Materials", of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: 5-14 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. DETECTOR LOOP INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86- 5.01 A (S), "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 the pavement, 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 (1 /8) inch of the pavement surface. The sealant shall be at least one-half (l l2) .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 may be 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. 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. See Appendix for specification for Asphaltic Emulsion Inductive Loop Sealant. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for Roadway Reconstruction and no additional compensation will be allowed therefor. 5-15 ~-2 SANITARY SEWER 7-2.01 GENERAL. Sewer pipe shall conform to the plans and these special provisions. The Contractor's attention is directed to the fact that all existing sewer lines and manholes are currently in use. It is the Contractor's sole responsibility for providing continued sewage service without creating a condition adverse to public health and safety. The Contractor shall provide pumping and piping facilities and plugs or pigs for necessary temporary diversion to isolate tie-in points. In addition, the Contractor shall provide any necessary traffic control associated with placement of said facilities. Handling of Materials. All pipe, fittings, specials and castings must be carefully handled at all times. Only suitable and proper equipment and appliances shall be used for the safe loading, hauling, unloading, handling and placing of . materials. Special care shall be exercised so that preformed resilient joints on pipe and fittings will not be damaged. Any pipe or fittings with a joint that is damaged or flattened will cause that pipe or fitting to be rejected. Pipe Laying. No pipe shall be laid until the Engineer inspects and approves the condition of the bottom of the trench. Pipe shall be installed in strict accordance with the manufacturer's recommendations. Pipe laying shall begin from the downstream end of the trunk sewer or as directed by the Engineer. Pipe laying shall proceed with each piece laid true to line and grade, and in such manner as to form a close concentric joint with the adjoining pipe and to prevent sudden offsets in the flow line. As the work progresses, the interior of the pipe shall be cleared of all dirt and debris of every description. Pipe shall not be laid when the condition of the trench or the weather is unsuitable. At times when work is not in progress, open ends of pipe and fitting shall be closed. With belled end pipe, bell holes shall then be excavated at each joint to facilitate the joint operations, and shall be only of sufficient size for that purpose. Not more than six (6) bell holes shall be excavated ahead of actual pipe laying. Cutting Pipe. The Contractor shall perform all work of cutting pipe and special castings necessary to the assembly, erection, and completion of the work. All pipe shall be cut to fit accurately, with smooth edges and faces. The Contractor shall be responsible for the correctness of cutting and no additional compensation will be allowed for any materials which are damaged or incorrectly cut. Cleaning Pipe Lines. Care shall be exercised in laying of pipe lines to exclude dirt and any other foreign materials. When pipe laying is interrupted, as at night, the pipe ends shall be suitably closed. Upon completion, and before placing into service, all lines shall be flushed and balled to remove any dirt or foreign material which would clog pumps, equipment, etc. The Contractor shall make provisions for preventing foreign material from being flushed into an existing sanitary sewer hne. Pipeline Testing. All sewers shall be tested for tightness when completed and ready for service. Testing shall be conducted in accordance with the Uniform Plumbing Code Air Test Method UPC Section 318-6(4), or the water exfoliation test or air pressure test per Section 306-1.4, "Testing Pipelines", of the Standard Specifications for Public Works Construction, current edition. 7-2.02 SANITARY SEWER (PVC LINED RCP). Reinforced concrete pipe shall conform to the provisions in Section 65, "Reinforced Concrete Pipe", of the Standard Specifications and these special provisions. RCP shall contain a PVC lining as specified in these special provisions. RCP shall meet ASTM C 76 for strength, ASTM C 361 or AWWA C302 except test pressure shall be 5 psi for rubber gaskets. Pipe shall be wet cast, vibrated and steam or water cured. Joints shall be bell and spigot design with a contained 0-ring gasket, unless otherwise noted. The D-Load is indicated on the plans for each given length of pipe. The D-Load shall be clearly marked on each section of pipe. Except as otherwise designated by classification on the plans or in the specifications, joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. 5-16 Hydrostatic tests specified by Section 65-1,08, "Laying Siphon and Pressure Pipe", of the Standard Specifications will not be required. Reinforced concrete pipe shall have rubber gasketed joints conforming to Section b5-1.06B, "Rubber Gasketed Joints", of the Standard Specifications. Reinforced Concrete carrier pipe in casing -Reinforced Concrete carrier pipe inside casing pipe shall be smooth outside walled with no bells. v PVC Lining. The PVC liner shall beAmer-Plate T-Lock as manufactured by Ameron Protective Lining Division., or approved equal . by the Engineer. Alternates will be considered after the award and execution of the contract. Alternates shall be submitted to the Engineer in writing. PVC liner shall be cast into the wall of the RCP and shall cover 360° of the pipe. All work for and in connection with the installation of the lining in concrete pipe and field sealing and welding of joints shall be done in strict conformity with all applicable specifications, instructions and recommendations ofthe lining manufacturer. l.e. Installation of Lining. Installation of the lining, including preheating of sheets in cold weather and the welding of all joints, shall be done in accordance with the recommendations of the liner manufacturer. Coverage of the lining shall not be less than 3d0°. The lining shall be installed with the locking extensions running parallel with the longitudinal axis of the pipe. The .lining shall be held snugly in place against inner forms. Locking extension shall terminate not more than 1-1/2 inches (3 8 mm) from the end of the inside surface of the pipe section. Joint flaps when. used shall extend approximately 4 inches (100 mm) beyond the end of the inside surface. Concrete poured against lining shall be vibrated, spaded or compacted in a careful manner so as to protect the lining and produce a dense, homogenous concrete, securely anchoring the locking extensions into the concrete. In removing forms, care should be taken to protect the lining from damage. Sharp instruments shall not be used to pry forms from lined surfaces. when forms are removed, any nails that remain in the lining shall be pulled, without tearing the lining, and the resulting holes clearly marked. All nail and tie holes and all cut, torn and seriously abraded areas in the lining shall be patched. Patches made entirely with welding strip shall be fused to the liner over the entire patch area. Larger patches may consist of smooth liner .sheet applied over the damaged area with adhesive. All edges must be covered with welding strip fused to the patch and the sound lining adjoining the damaged area. Hot joint compounds, such as coal tar, shall not be poured or applied to the lining. The contractor shall take all necessary measures to prevent damage to installed lining from equipment and materials used in or taken through the work. l.f Application to Concrete Pipe -Special Requirements. The lining shall be set flush with the inner edge of the bell or spigot end of a pipe section and shall extend to the opposite end or to approximately 4 inches (100 mm) beyond the opposite end depending upon the type of lining joint to be made with the adjoining concrete pipe. Wherever concrete pipe orcast-in-place structures protected with lining, join structures not so lined (such as brick structures, concrete pipe orcast-in-place structures with clay lining or clay pipe), the lining shall be extended over and around the end of the pipe and back into the structure for not less than 4 inches (100 mm). This protecting cap may be molded or fabricated from the lining material but need not be locked into the pipe. 5-17 Where a pipe lateral (not of plastic lined concrete) is installed through lined concrete pipe, the seal between the lined portion and the lateral shall be per the manufacturer's recommendations. Care shall be exercised in handling, transporting and placing lined pipe to prevent damage to the lining. No interior hooks or slings shall be used in lifting pipe. All handling operation shall be done with an exterior sling or with a suitable fork lift. On pipe having a 3d0° liner coverage, the longitudinal edges of the sheet shall be butt welded. When pipe tubes are furnished, these are shop-welded joints. No pipe with damaged lining will be accepted until the damage has been repaired to the satisfaction of the engineer. l.g. Field Joints in Lining for Concrete Pipe. The joint between sections of lined pipe shall be prepared in the following manner: If required, the inside joint shall be filled and carefully painted with cement mortar in such a manner that the mortar shall not, at any point, extend into the pipe beyond the straight line connecting the surfaces of the adjacent pipe sections. Pipe joints must be dry before lining joints are made. No joint shall be welded until the lined pipe or structure has been backfilled and 7 days have elapsed after compaction has been completed. All mortar and other foreign material shall be removed from lining surfaces adjacent to the pipe joint, leaving them clean and dry. Field joints in the lining at pipe joints may be either of the following described types: Type P_ 1: The joint shall be made with a separate 4-inch (100-mm) joint strip and two welding strips. The fl- inch (100-mm) joint strip shall be centered over the joint, heat-sealed to the lining, then welded along each edge to .adjacent liner sheets with a 1-inch (25-mm) weld strip. The 4-inch (100-mm) joint strip shall lap over each sheet a minimum of 1/Z inch (13 mm). Type P-2: The joint shall be made with a joint flap with locking extensions removed and extending .approximately 4 inches (100 mm) beyond the pipe end. The joint flap shall overlap the lining in the adjacent pipe section a minimum of 1/2 inch (13 mm) and beheat-sealed in place prior to welding. The field joint. shall be completed by welding the flap to the lining of the adjacent pipe using 1-inch (25-mm) weld strip. Care shall be taken to protect the flap from damage. Excessive tension and distortion in bending back the flap to expose the pipe joint during laying and joint mortaring shall be avoided. At temperatures below 50°F(10°C), heating of the liner may be required to avoid damage. The joint flap or strip on beveled pipe shall be trimmed to a width (measured from the end of the spigot) of approximately 4 inches (100 mm) for the entire circumferential length of the lining. All welding of joints is to be in strict conformance with the specifications and instructions of the lining manufacturer. Welding shall fuse both sheets and weld strip together to provide a continuous joint equal in corrosion resistance and impermeability to the liner plate. 5-18 Hot-air welding tools shall provide effluent air to the sheets to be joined at a temperature between 500° and 600°F (260° and 316°C). Welding tools shall be held approximately 1 /2 inch (13 mm) from and moved back and forth over the junction of the two materials to be joined. The welding tool shall be moved slowly enough as the weld progresses to cause a small bead of molten material to be visible along both edges and in front of the weld strip. _ The following special requirement shall apply when the liner coverage is 360 degrees: When groundwater is encountered the lining joint shall not be made until pumping of groundwater has been discontinued for at least three days and no visible leakage is evident at the joint. When welding the downstream side of a joint strip or flap, do not weld 6 to 8 inches (150 to 200 mm) at the pipe invert to provide relief of potential future groundwater build-up. l.h. Application to Cast-in-Place Concrete Structures -Special Requirements. Liner sheets shall be closely fitted and properly secured to the inner forms. Sheets shall be cut to fit curved and warped surfaces using a minimum number of separate pieces. Unless otherwise shown on the plans,., the lining shall be returned at least 3 inches (75 mm) at the surfaces of contact between the concrete structure and items not of concrete (including manhole frames, gate guides, clay pipe or brick manholes and clay or cast iron pipes). The same procedure shall be followed at joints where the type of protective lining is changed or the new work is built to join existing unlined concrete. At each return, the returned liner shall be sealed to the item in contact with the plastic-lined concrete. If the liner cannot be sealed with adhesive because of the joint at the return being too wide or rough or because of safety regulations, the joint space shall be densely caulked with lead wool or other approved caulking material to a depth of 2 inches (50 mm) and finished with a minimum of 1 inch 925 mm) of an approved corrosion resistant material. l.i. Testing and Repairing Damaged Surfaces. After the pipe is installed in the trench, all surfaces covered with lining, including welds, shall be tested with an approved, contractor supplied, electrical holiday detector (Tinker & Rasor Model No. AP-W with power pack or approved equal) with the instrument set between 18,000 and 22,000 volts. All welds shall be physically tested by a nondestructive probing method. All patches over holes, or repairs to the liner wherever damage has occurred, shall be accomplished in accordance with Section 7-2.02(l.e}para. 8 above. Each transverse welding strip which extends to a lower edge of the liner will be tested by the purchasing agency. The welding strips shall extend 2 inches (50 mm) below the liner to provide a tab. A 10-pound (5 kg) pull will be applied to each tab. The force will be applied normal to the face of the structure by means of a spring balance. Liner adjoining the welding strip will be held against the concrete during application of the force. The 10- pound (5 kg) pull will be maintained if a weld failure develops, until no further separation occurs. Defective welds will be retested after repairs have been made. Tabs shall be trimmed away neatly by the installer of the liner after the welding strip has passed inspection. Inspection shall be made within 2 days after the joint has been completed in order to prevent tearing the projecting weld strip and consequent damage to the liner from equipment and materials used in or taken through the work. Shop Drawings. Contractor shall submit manufacturer information showing dimensional, material and joint criteria to the Engineer for review. PAYMENT. Reinforced Concrete Pipe shall be paid for at the contract unit price per lineal foot, which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all work in installing sewer pipe as specified. Partial payment shall be administered as follows: 65% - at the completion of excavation and placement of pipe 20% - at the completion of backfill and compaction 5-19 10% - at the completion of the various tests required according to the various types of pipe 5% - at the completion of pipe cleaning and video inspection. No additional compensation will be made if an adjustment, when directed by the Engineer, of as much as one (1) foot is made to the elevation of the pipe flowline. 7-2.03 BOREDIJACKED PIPE. Casing shall be installed so as to prevent formation of waterways underground. It shall have even bearing throughout its length and shall slope toward one end. Space between casing and pipeline shall be backfilled with (2) sack slurry. The strength of pipe designated in the plans or specifications is determined for vertical load only any additional strength required by BoringlJacking operations shall be furnished by the Contractor. a The Contractor shall submit to the Engineer for approval all plans of boringljacking operations prior to boring or jacking. Boring/jacking operations shall be conducted in a safe and efficient manner, consistent with current accepted procedures. Water boring shall not be permitted. The casing pipe shall be jacked with such precision that will allow the placement of the pipeline to the line and grade as indicated on the Plans. Upon completion of the installation of the casing and installation of the pipeline to grade, the void between the casing or RC pipe and the excavation shall be completely filled with (2) sack slurry. Pipe laid within the jacking pit area, but not within the casing or structures, shall be cradled with concrete. It is the Contractor's responsibility to maintain a safe operation at all times. Should the tunnel heading operations result in dangerous or unreasonable sloughing of each material which may jeopardize the safety of workers or the stability of the soil and roadway above, the Contractor shall furnish and install breastboarding and/or face closure with sufficient jacks to inhibit the sloughing and/or closing the work face. The Contractor, before resuming work, shall furnish the Engineer with a detailed plan of proceeding with the work, for his review and approval. Any and all expenses therefor will be considered as included in the bid price and no additional compensation will be made therefor. PAYMENT. The contract price paid per linear foot for Bored/Jacked Pipe shall include full compensation for furnishing the RCP, excavating, boring/jacking, furnishing and placing backfill material, constructing jacking pits and backfilling all pits after the pipe is bored/jacked, and all incidentals necessary to boring/jacking the pipe, complete in place, as specified. 7-2.04 POLYVINYL CHLORIDE PLASTIC (PVC) SMOOTH WALL. PVC pipe shall conform to the provisions in Section 64, "Plastic Pipe", of the Standard Specifications and these special provisions. Extensions of sewer lines shall conform to Section 15-2.OSC of the Standard Specifications, dated July 1992. (PVC) Smooth Wall shall be a minimum of SDR 35. Pipe and fittings shall be homogeneous throughout and free from cracks, holes, foreign inclusions or other injurious defects and shall be manufactured and tested in accordance with ASTM F-679 (T-1 wall). Series 10 permalock storm drain pipe will not be accepted. Gaskets shall meet the requirements of ASTM F477 and be molded into a circular form or extended to the proper section and then spliced into circular form and shall be made of a properly cured high grade elastomeric compound. The basic polymer shall be natural rubber, synthetic elastomer or a blend of both. The lubricant used for assembly of gasket joints shall have no detrimental effect on the gasket or on the pipe. Contractor shall have the manufacturer furnish a certificate of conformance to these specifications. Manhole connections shall include sealing gaskets similar to joint gaskets or apre-formed, self bonding, self sealing plastic gasket recommended by the pipe manufacturer and approved by the Engineer. S- 20 DEFLECTION MEASUREMENT OF PLASTIC PIPE, Thirty (30) days after the completion of laying pipe the Contractor shall measure pipe deflection by pulling a go-no-go five percent (5%) mandrel. The mandrel diameter will be calculated using the following formula: Mandrel Diameter =Base Pipe I.D.-(Y/100 x Base Pipe I.D,) where Y =Allowable Deflection in percent, five percent (5%) Base I.D. =Actual inside pipe diameter (provided by pipe manufacturer) The mandrel shall have an odd number of vanes with seven (7) minimum. Any section of installed pipe that fails the mandrel test shall be excavated, re-backfilled, re-compacted and retested until the mandrel test can be passed. Re-rounding will not be allowed. PAYMENT. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing PVC Pipe shall be considered as included m the contract price paid for Abandon Sewer and Manholes and no additional compensation will be made therefor. 7-2.05 MANHOLES (PVC LINED) Portland cement concrete manholes shall conform, in design, materials, and construction, to the provisions of Sections 51 and 70-1.02 H of the Standard Specifications and these Special Provisions. Pre-cast manholes shall conform to a combinations of the details shown on the plans and manufacturers details. Contractor shall submit shop drawings for approval by the Engineer prior to fabrication or installation. Cast in Place Manholes shall conform to the City of Bakersfield Standards S-7 and S-8, and details shown on the plans. Concrete manholes shall be lined on the interior in its entirety (including base and channels) with an approved PVC lining system as specified herein in Section 7-2.02. The manhole precast cylinder, taper, and eccentric cone sections shall meet the strength requirement of ASTM C- 478. Each successive manhole section shall be set on a bed of Portland Cement grout. or "Kent Seal" to make a watertight joint, which will allow the liner to be sealed between joints. Precast units shall be set plumb. MEASUREMENT AND PAYMENT. The contract unit price paid per each for Manholes (PVC Lined) shall be full compensation for furnishing all labor, materials, tools, equipment, and incidentals including excavation, backfill, metal frame and cover and lining. Cast in place manholes constructed in lieu of precast manholes shall be paid for at the contract price paid for Sewer Manhole (PVC lined), Precast, and no additional compensation will be made therefor. 7-2.06 CONNECTION TO EXISTING MANHOLES. The Contractor shall connect to existing manholes where shown on the plans. Contractor shall make a neat, circular cut in the wall of the existing manhole for the new connection and provide concrete encasements (collar) around sewer pipe as shown on the plans. The diameter of the cut shall be no larger than necessary for passing the pipe through the opening. The pipe shall be placed so that the end of the pipe projects a minimum of 3 inches beyond the outside face of the manhole. The void between the outside of the pipe and the manhole wall shall be filled with mortar, The completed connection shall be PVC lined, and watertight and free from infiltration. PAYMENT. Full compensation for conforming to the requirements for this article, including concrete collar, shall be considered as included in the contract price paid for various items of work and no additional compensation will be made therefor. S- 21 APPENDIX STATE OF CALIFORNIA SPECIFICATION ASPHALTIC EMULSION INDUCTIVE LOOP SEALANT 1.0 SCOPE. This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing J 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 toproduce aone-component product to meet the properties specified herein. 3.2 Characteristics ofthe 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 3.2.3 Firm set time, hours, ~ 4 maximum test atone (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 S 3.3.1 Flexibility No full depth use ASTM D2939, except air dry specimens to cracks constant weight at 75 5 deg. F. and 50 ten percent (10%) relative humidity. Condition mandrel and specimens S- 22 two (2) hours at 75 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 5 deg. F., 50 +/-ten percent (10%) relative humidity for minimum of sixteen (lb) 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 sealant 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. 4.0 QUALITY ASSURANCE PROVISIONS. 4.1 Inspection This material shall be inspected and tested 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. 5.1 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 S- 23 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. C( 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. b.l 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 clean up 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 processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of 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, in accordance with the provision of Section d-1.07, of California Department of Transportation Standard .Specifications, January 1988. S- 24 PROI'O~~1L I~OR TRUNK SEWER REPLACEMENT ALONG SOUTH CHESTER AVENUE FROM PI,ANZ ROAD TO E1~ SERENO DRIVE To the City~Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those << Tamed herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed propusect form af' contract and the plans thc;rein referred to; anti he proposes and agrees il'this proposal is accepted, that he will contract with the City ol't3akersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work a~1d furnish all the materials in accordance with the plans and specifications for the abuv~, filed in the uftice of the l~inance Director ut•the City of Bakerstield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: if this proposal is accepted and the undersigned tails to execute the afi~resaid contract and to provide surety honds rind evidence ul• insurance acceptably to the City as is required within ten (I U) days, nut including Sundays, after the; bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. Item Estimated Unii of Item Unit Price Extension Price No. Quantity Measure (In Figures) (ln Figures} 1. 1 LS Mobilization 2. 1 LS Traffic Control. 3. 6. Sb0 LF Roadway Reconstruction 4. 1 LS Abandon Sewer and Manholes 5. ( LS Clearing and Grubbing 6. I LS Finishing Roadway 7. 1 LS Trench Sheeting, Shoring and Bracing 8. 6,560 LF 42" Sanita sewer (PVC lined RCP-RGJ) Page f of 4 X-1 I'lZt)I'USAI. TOR: 'TRUNK SEWER REPLACEMENT ALONG SOUTH C~IES7'ER AVENUE FROM 1'LANL ROAD TO EL SERENO DRIVE Item Estimated Unit of Item Unit Price Extension Price No. Quantity Measure (In Figures) (ln Figures) 9. 13(~ LF fi0" Bored/Jacked Casing Pipe (RCP-RGJ, CL V) 10, h EA Sewer Manhole (PVC lined), Precast 1 I. 9 EA Sewer Manhole (l'VC lined), Cast in Place TOTAL $ Bidder acknowledges receipt of the following addenda: Clearly list any and all addenda numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope. 'The representations made herein arc 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 Page 2 of 4 X-2 1'1ZU1'USAL >~'OR: TRUNK SEWER REPLACEMENT ALONG SOUTH CfIES'l'ER AVENUE FROM PLANZ ROAD TO EL SERENO llR1VE The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the ~stimated Quantity shall be unity. The Bid Total is the sum ofall 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 Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the lollc~wing: a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the . estimated 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 Name Address (City, State, Zip) Description of portion of work subcontracted (attach additional sheets if needed) Page 3 ot'4 X-3 PROPOSAL FOR: TRUNK SEWER REPLACEMENT ALONC SOU'1'N CHESTER AVENUE FROM PI,ANZ ROAll TO EL SERENO DRIVE Accompanying this proposal is [NOTICE: In the blank above, insert the words "cash ~ "cashier's check," "certified check," or "bidder's bond," as the case may beJ, in an amount equal to at least ten percent of the total of the bid. The names of all 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 11~inleS In full. Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NOTE--Ifbidder 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 cif' the firm shall be set fii~rih ahcwc tugcthcr with the signature of the partner or partners authuriled to sign contracts un behalfof the copartnership; and if bidder is an individual, his signature shall be placed above. lfsignature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must he on file with the City C'Icrk of the City o1• I3akcrsticld prior to opening bids or submitted with the bid; othorwist, the bid will be disr~gardcd as irregular and unauthorized. Business Address Tcl~phonc. Nu. 1'lacc ul' Rcsidcncc )tit~~ Page 4 of 4 X-4 BIDDER'S BOND. ("1'u Accompany Proposal) (Nut necessary ifcash or certified check is with bid) KNOW ALL MEN BY THESE PRESENTS: 'hl-lA"1' Wt: as principal, and as surety, aro held and finely bound unto the City of Bakersfield, a body politic and corporate of the State ofCalifonlia, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. 7't~l H: CON DI`I'tON OF `f I~ tS UBI~ICA'1'ION tS 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 construct said improvements aforementioned, and shall execute and deliver the two bonds required bylaw, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and ~I'f~ct. 1N WITNESS WHEREOF, we have hereunto set out hands and seals this day of , 19 (Seal) (Seal) (Seal) Page 1 of 2 X-5 S'I'A'1'I: O1~ CALIFORNIA ) ) SS. couNTY of ) On before me, Date personally appeared Personally known to me 1'ruvcd to me un the b~lsis ufsatisiactury evide~~ce to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir 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 --------------------------------OPTIONAL----=---------__ 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) ❑ PARTNER S) ❑ LIMITED ❑ 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 X-b NONCOLLUSION AFFIDAVIT (To be Executed by Bidder and Accompany Proposal) `T'RUNK SEWER 1tEPLACEMENT ALONG SOUT11 CI~ESTER AVENUE FROM PLANZ ROAD'I'0 EL SERENO DRIVE STATE OF CALIFORNIA ) ss. COUNTY OF ) . _ hoinb first duly sworn, deposes and says that hu or Nallll' she is of Title Company the party making the foreboing bid; that the bid is not made in the interest of, or on behalfot; 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, cunspirc;d, connived, ur agreed with any hidder or anyone else to put in a sham hid, or that anyone shall refrain from bidding; that the bidder has nut in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her. bid price or any breakdown thereof , or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, .company, association, organization, -bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Under penalty of'perjury, the bidder declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been convicted of any offense referred to in the California Public Contract Code. Business Address Telephone No. I'lacc of Residence Subscribed and sworn to before me this day of , 19 X-7 AGREEMENT N0. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , b Y and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein and , (a California Corporation, Hawaii Corporation, Delaware Corporation, Individual, etc. ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CITY desires to employ CONTRACTOR to ("Project" herein), 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 to be erformed consists in p , general, . of . _ . _ _ - ("Project" herein} . The scope of work shall include all items and procedures~necessary to properly complete the task CONTRACTOR .has been hired to perform, whether s ecificall p Y included in the scope of work or not. The following shall be deemed to be part of this a reement as if full set forth . g Y herein: A. .Notice to Contractors B. Special Provisions C. Bid Proposal D. Bidder's Bond E. Performance Bond F. Material and Labor Bond G. Letters of transmittal, if any H. All provisions required by law to be inserted in this contract whether actually inserted or not. I. Current State of California DAS 140 Form (if required by Specifications} X-8 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Dollars )which shall be paid as follows: The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. A ten percent (10%}retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent (10%} retention required by the Bakersfield Municipal Code shall . be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. NO 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. LLCENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR-to practice its profession. 6. .STANDARD OF PERFO-RMANCE. All work shall be performed in conformity with all legal requirements--a-nd~-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 supersedes all other oral or written representations. This contract may. bemodified only in a writing approved by the City Council and signed by all the .parties. 8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 9. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in X-9 force. 10. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the .A services set forth in this Agreement. 11. INSURANCE and BONDS. In addition to any other insurance or bond required under 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.: 11.1 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: 11.1.1 Provide coverage for owned, non-owned and hired autos. 11.1.1 Provide contractual liability coverage for the terms of this Agreement. 11.2 Broad form commercial General 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: 11.2.1. Provide contractual liability coverage for the terms of this Agreement. 11.2.2 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 11.3 workers' compensation 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 orself- X-10 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 it. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. 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 required hereunder shall be maintained until all work required to be performed by this Agreement is 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 and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. Full. compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be .required by extensions of the policies of insurance. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 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. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 12. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused 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 party indemnified hereunder, except as limited by California Civil Code Section 2782. X-11 13. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project herein, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project herein amounts sufficient to cover costs and fees, including without limitation attorney's fees, .incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: . CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-3724 CONTRACTOR: 16. FORUM. Any lawsuit pertaining to any matter arising under, or rowin out of, this contract shall be instituted in Kern County, California. g 9 17. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 18. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in an number of counterparts, each of which shall be considered as an original and be Y effective as such. 19. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, hoto ra hs and other a ers, or copies thereof prepared by CONTRACTOR pursuant p 9 p pp to the terms of this Agreement, shall, upon preparation, become the property of the CITY. X-12 20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate .accounting records and other written documentation pertaining to all costs incurred in ' performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, 'and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 21. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 22. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one. ) 23. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD By' By: Title: BOB PRICE Mayor Title: APPROVED AS TO FORM: BART J. THILTGEN City Attorney By' (Additional signatures on next page) X-13 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: RAUL ROJAS Public Works Director COUNTERSIGNED: By: GREGORY KLIMKO Finance Director Attachment -Exhibit "A" . x-14 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has on Date of Award , 1999, awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Proiect Name ;and WHEREAS, said Principal is required under the terms of said contract; and NOW, THEREFORE, WE, the Principal, and _ Leave Blank for Bonding Compan,~_, as Surety, are held and firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meeting_Dollars lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become. null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for. a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during .said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the .Surety hereunder shall continue so long as any .obligation of the Principal remains. And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) X-15 MATERIAL LABOR BOND . K1~TOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has, on Date of Council Meeting, ,19 ,awarded to Name of Contractor a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Project Name ;and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and Leave Blank for Bondin~Compan~,, as Surety, are held and firmly bound unto the Owner the penal sum of One hundred percent ,100%1 of the total amount paxable by the terms of the contract when the total amount payable does not equal or exceed five million dollars ($5000,000, ; Fifty percent ,50%1 of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars and does not exceed ten million dollars ($10,000,000; Twenty-five percent (25%1 of the total amount paya, ble bX the terms of the contract when the total amount payable exceeds ten million dollars l 0,000,000.00E Dollars ,lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. , THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable .attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to .give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) X-16 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (To be completed by the Contractor, if he elects to substitute securities in lieu of retention) 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". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ,and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market- accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all x-1~ securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of .all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: Title Title Name Name Signature Signature X-18 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: awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for 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 project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective 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 agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may 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 agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with 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 and/or 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 guarantee is made expressly for and tuns 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 X-19 GUARANTEE EQUIPMEN'~ CITY QF BAKERSFIELD Public Works Department Annex Building, 2°d Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: awarded on , between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for and under which contract the undersigned has .furnished and installed such system, the following guarantee of the said system is hereby made: Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which 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 City shall have the option to make any needed repairs or replacements itself or to have such replacements or 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 performed by the undersigned, the. undersigned agrees that the~repairs shall commence to be made and-such materials as are necessary shallcommence 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. 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 originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. Dated Contractor's Name Authorized Signature X-20 .a i, G