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HomeMy WebLinkAbout2001 Special Provisions Project T1K042 T1K002CITY OF BAKERSFIELD R CALIFORNIA NOTICE TO CONTRACTORS, SPECIAL PROVISIONS, BID PROPOSAL AND CONTRACT FOR TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD, 2001 BID OPENING: DATE: MAY 30, 2001 TIME: 1 i :00 A.M. FEDERAL PROJECT N4.: CML-5109(058) COB PROJECT NO.: T1 K042 & T1 K002 CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT ~pFESSl~ ANNEX BUILDING, 2ND FLOOR ~O~ ~ l 1501 TRUXTUN AVENUE ~`~,~t~Q~ A F ~c2 BAKERSFIELD, CALIFORNIA 93301 R ,t, Project Engineer: NICK FIDLER ~ Na.323o0 Telephone: (661) 326-3944 °~X~ f=ilename: P:1CML5109(058)Uetters\{058)specs.wpd t►~~ G+~~,~, CiP+s,1rr c. Prepared from form document T:\Specs-Boile~SP BASIC ALL 03_22_01.wpd TABLE O~ CONTENTS PART A . NOTICE TO CONTRACTORS . , A-1 SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS 1=1.01 General~ A-3 i -1.02 Definitions and Terms A-4 SECTION 2 -PROPOSAL REQUIREMENTS 2-1.01 General Information A-5 2-1.02 Approximate Estimate A-5 2-1.03 Examination of Plans, Specifications, Special Provisions, and Site of UVork . . A-5 2-1.04 Rejection of Proposals Containing Alterations, Erasures or irregularities A-5 2-1.05 Proposal Farm A-5 2-1.06 Bidder's Guarantee A-6 2-1.07 Required Listing of Proposed Subcontractors ~ A-6 2-1.08 Bid Submittal Items , A-6 2-1.09 Omissions in S ecifications and Drawings • • • • • • • • • • • • • • • • • • A-6 p A-6 2-1.10 Withdrawal of Proposals 2-1.11 Public Opening of Proposals A-6 2-1.12 Relief of Bidders A-6 2-1.13 Disqualification of Bidders , ~ A-7 2-1.14 Disadvantaged Business enterprise (DBE} _ A-7 2-1. i 4A DBE Goal for this Project A-9 2-1.14BSubmission of DBE Information . A-~ 2-1.15 Federal Lobbying Restrictions • . , . A-10 SECTION 3 -AWARD AND EXECUTION OF CONTRACT 3-1.01 General A-11 3-1.02 Award of Contract . A-11 3-1.03 ~ Contract Bonds A-11 3-1.04 Execution of Contract . A-~ 1 3-1.05. Return of Bidder's Guarantees A-11 SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 General A-12 SECTION 5 -GENERAL 5-1.01 State Contract Act Nat Applicable . A-13 . 5-1.02 Alteration in Quantity of work A-13 5-1.03 Control of Work A-13 5-1.04 Prevailing Wages A-13 5-1.05 Payroll Records A-14 5-1.06 Labor Nondiscrimination . A-14 5-1.07 Apprentices A-14 5-1.08 Trench Safety A-14 5-1.09 Sound Control Requirements A-14 5-1.10 Permits and Licenses A-15 5-1.11 working Hours . A-15 5-1.12 Laws to Be Observed . A-15 5-1.13 Contractor's Insurance A-15 5-1.13a Indemni A-15 ty... . ..a 5-1.13binsurance A-15 5-1.14 Contractor's Authority > A-15 5-1.15 Work in City Streets A-15 5-1.16 Rightof way A-15 5-1.17 Suspension of Contract A-15 5-1.18 Temporary Suspension of Work A-16. 1 i. Y CITY BA~(BRS~~E~.D DEPARTMENT OF Pi~BL1C UVOR~CS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Ha11,1501 Truxtun Avenue, Bakersfield, California, until 11:x0 o'clock A.M. on the date indicated an the cover sheet of these special provisions to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS 1N THE CITY +DF BAKERSFIELD, 200 Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of zero dollars x$0.00} far each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one X21 }days from date of bid opening and the documents are in reasonable good condition. The City assumes na 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. This project has a goal of 16.0 percent disadvantaged business enterprise DBE} participation. THIS- PROJECT IS SUBJECT TO THE "BUY AMERICA" PROVISIONS OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT O F 1991. No bid will be considered unless it is made on a proposal farm furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal .Requirements and Conditions", of the Standard Specifications and these special provisions. . The City of Bakersfield reserves the right to reject any ar all bids. Bids are required on the entire work described. herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the farm entitled "Escrow Agreement far Security Deposits in Lieu of Retention", included in the Sample Contract section of these special provisions. .The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded. The Contractor shall ensure that all .subcontractors are properly licensed for the work they are to perform. The ro ased work shall be done in accordance with the Standard Specifications of the Department of Transportation, P p Business, Transportation and Housing Agency, dated July,1992, insofar as the same may apply. This project is federally funded. Minimum wage rates far this project as predetermined by the Secretary of Labor are set forth in the special provisions. Pursuant to Part 7 of Division 2 of the California Labor Cade (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 Direc#or's schedule-of prevailing rates is an file and open for inspection at the City of bakers#ield, Department of Public works,1501 Truxtun Avenue, Bakersfield, California. The Ci of Bakersfield hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant - to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Y,, Pursuant to Section 17?3 of the. Labor Cade, the general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing wage Rates forthis project, available at Cityof Bakersfield, Public vllorks Department,1501 Truxtun Avenue, Bakersfield, California and available from the California Department of Industrial Relations' Internet web site at httpalwww.dir.ca.gov. The Federal. minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in these special provisions, and in copies of this book that may be examined at the City's Purchasing Officer office described above. Addenda to modify the Federal minimum wage rates, if necessary, wil! be issued to all plan A-1 GEIUERAL DESCRIPTION t3F w~Rl( The work to be performed consists, in gAneral, of installation of conduit, pull boxes,. conductor cable, modems and traff is loop detectors. CITY OF BAKERSFIELD JACQUES R. LaROCHfLLE Interim Public UVorlCS Director r A-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 o'clock A.M. an the date indicated on the cover sheen of these special provisions sealed proposals far: TRAFFIC SIGI~A~ INT~E~RCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFlELD, 2001 The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In addition to the subcontractors required to be listed in accordance with Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications, each proposal shall have listed therein the name and address of each. DBE subcontractor to be used far credit in meeting the goals, and to wham the bidder proposes to directly subcontract portions of the work. The list of subcontractors shalt also set forth the portion of work that will be done by each subcontractor listed. A sheet far listing the subcontractors is included in the Proposal. . The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In accordance with Public Contract Code Section 7106, a Nancollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The Contractor, sub-recipient or subcontractor shall not discriminate an the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the .award .and administration of DOT assisted contracts. Failure by the contractor to carry out. these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 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.~3 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 farms. 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 prc~osal 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 maybe rejected if they show any alterations of form, additions not called for, conditional or alterna#ive 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 praposals and waive any irregularity. 2-x.05 PROPOSAL FOR~II. All praposals must be made upon blank farms to be obtained from the Purchasing Officer, the form of which appears herein immediately following these special provisions. All praposals must give the prices proposed. Thebidder shall include all unit prices, extended prices and total prices an the proposa(form.. ' If any of those prici3s are excluded, the submitted bid maybe deemed non-responsive. Uvhere indicated an the . various forms, the proposal must be signed by a person duly authorized by the bidder to bind the bidder to a contract. 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 Warne of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretaryand treasurer. A-5 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 1 ~ 00, 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 eligibi{ity 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 ~n this section within the preceding three X87 years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.i3 DISQUALIFICATION ~F 81DDERS. More than one proposal from an individua{, firm, partnership, corporation, orcombination thereof underthe same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereo# is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corpora#ion or combination thereof Es Enterested. If there 1s reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced maybe rejected. 2-i.14 DISADVANTAGED BUSINESS ENTERPRISE MDSE). This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Prag~rams." The Regulations m their entirety are incorporated herein by this reference. Bidders shall befullyinfarmed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE gay participate as a .prime contractor, subcontractor, joint .venture partner with a prime or subcontractor, vendor of material or• supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with anon-DBE, will be required to document one. or a combination of the fallowing: 1. The bidder will meet the goal by performing. work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking .companies.. 3. The bidder, prior to bidding, made adequate goad faith efforts to meet the goal D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own farces. The .DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE information form required in the Section entitled "Submission of DB E Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible forthe execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising . ~ the work; F. DBEs must be certified by either the Galifornia Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the fallowing sources:. A-7 of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 1. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this can#ract and may result in termination of the contract or other appropriate remedy far a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation an federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca._ aq_v_Ihg/bep to verify the current availability of this service. 2-1.14A DBE .GOAL FC}R THIS PROJECT. The City has established the fallowing goal for Disadvantaged Business Enterprise DBE} participation for this project: Disadvantaged Business Enterprise DBE}:16.0 percent Cal#rans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction protects. Bidders and potential subcontractors should check the Caltrans website at httpa/www.dot.ca.q~ovlhglbep to verify the current availability of this service. 2-i .14B SUBMISSION OF DBE INFORMATION. The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER -DBE INFORMATION" form included in the Proposal. if the DBE information is not submitted with the bid, the DBE Information #orm shall be removed from the.documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts. to do so, 'If DBE information is not submitted with the bid, the .apparent success#ul bidder flow bidder},the second low bidder and the third low bidder shall submit DBE information to the City of Bakersfield, Purchasing Officer,1501 Truxtun Avenue, Bakersfield, Califarnia.so the information is received by the City of Bakersfield no later than 4:00 p:m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Pas#al Service certified main.-with return receipt and certificate of madmg and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted .even if it is received after the fourth day #ollowing~ bid opening. Failure to submit the required DBE information by the time specifiied will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to da so by the City of Bakersfield. ~ r. _ . . ; The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met ar that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate goad faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met. The bidder's DBE information shall, include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract: when 100 percent a# a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed ar furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its awn farces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. A-9 .:.SECTION 3 -AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible .bidder whose ra osal conplies with all the requirements prescribed and who has met the goal for DBE participation or has p P demonstrated, to the satisfaction of the City, adequate goad faith efforts to do so. Meeting the goal far DBE participation or demonstrating to the satisfaction of the City, adequate goad faith efforts to do sa is a condition for being eligible for award of contract. The language 'lowest responsible bidder' 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 0~ CONTRACT. The award of the contract, if awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set #orth in Title XIV, Chapter 2, Article 0 of the California Code of Civil Procedure. Cne of the ..said bonds shall guarantee the faithful ,.performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent X100%} of the contract price. The other of the said bonds shall guarantee payment to laborers, mechanics and material workers employed on the fob under the contract, shall satisfy the requirements specified in Section 3248 of the Califomia Civil Cade and. shall be far an amount not less than one hundred percent (100%} of the total amount payable by the Perms of the contract. W henever an sure ar sureties on any such bands required by Law for the protection of the claims of laborers and y ~ 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 bythe successful bidder and returned, together with the contract bands and required insurance documents, within ten X10) days, not including Sundays, a#ter th.e 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 bands and submit acceptable insurance documents as provided herein within ten ~1U~ days, not including Sundays, after the bidder has received notice that the contract.has been awarded, shall be jest cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURhI OF BIDDER'S GUARANTEES, within ten X10} days after the award of the contract, the City of Bakersfield will return any monies or forr~:for deposit of money that are not. to.be considered in :making: theaward.. _ All other proposal. guarantees will be held until the contract has been finafiy executed, after which they will be returned to the respective bidders whose proposals they~accompany. A-11 SECTION 5 -GENERAL ~-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 1-1.44, "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 Speci#ications in the performance of the work called for in this contract shat! not be construed as an election by the City to proceed under Section 20396 of the Public Can#ract 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 ALTERATIQN l~N QUANTITY aF WORK. Increases or decreases in work exceeding an amount of ten- thousand dollars ($14,000} or which, together with ail other previously approved change orders for that contract exceeds twenty-five percent (25%} of the original contract amount, must be authorized by the City Council. 5-1.03 CONTROL 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 fallowing 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 fallowing paragraph after the first paragraph: Three consecu#iv~e points shown on the same rate of slope must. be used in common, in order to detect any . variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. 1# 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 notifythe 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 Cantractar varies the period during which work is carried on each`day, he shall give due notice . ~ . - to the Engineer, sa that proper inspection may be provided. Any work done in the absence. of. the. Engineer will. be subject t0 rejection. ~-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Lobar Code (commencing with Section 1720}, -Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours labor shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep an accurate . record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Cade. The Contractor and all Subcontractors shall pay not less #han the general prevailing rate of per diem wages and the general. prevailing rate for h~l~day and overtime to all workers employed in the construction of this project. The prevailing rate .for each craft, classification or type- of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at anytime 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. Cantractar shall farf~eit to the City for each worker employed far each calendar day or portion thereof: A-13 The noise le+~el from the Contractor's operations, between the hours of 9:00 p.m. and 0:00 a.m., shall not exceed eighty-six 486} db at a distance of fifty.450} feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the jab or related to the job, including but not limited to trucks, transit mixers or transient equipment that may ar 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 fog conforming to the requirements of this section shall be considered as included in the prices paid #or the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.14 PERMITS ACID 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 €ield working hours from ?:00 a.m. to 4:30 p.m. Monday through Friday. Any deviations must be requested in vuriting 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 #or more than a nine and one-half X9.5} hour work day or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges maybe 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 Paws and ail municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged ar 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 Ct3NTRACTOR'S INSURANCE. The. Contractor shall notcommence 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. The Contractor shall provide the indemnity required by the contract. 5-1.i3B INSURANCE. The Contractor shall provide the insurance required by the contract. 5-1..14 CONTRACTt3R'S AUTHORITY. At the. preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.i 5 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. S-1.1fi 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. Before staring equipment or ' stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the. Contractor the use of his property. The letter shall be filed with the Engineer. 5-1.17 SUSPENSION OF CONTRACT. If at anytime in the opinion of the City Council, the Contractor has violated .any terms of this contract, failed to supply an adequate working force, ar 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 A-15 "NQTICE Qf COMPL'`TIQN" 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 per#ormance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed ~a to bean 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 far 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 contractor any alteration thereof. 5-1.21 INCREASED QR 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 Sectian 24-1.11, "PAYMENT". Eleventh paragraph of Section 39.8.02, "P~AYMENT». 5-1.22 HAZARDQUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's uveil-being and their education of handling hazardous materials when hazardous materials are encountered during this project. 5-1.23 HIGHWAY GQNSTRUGTlON EQUIPMENT. Attention is directed to Sectian 7-1.01 D, "Vehicle Code," and Sectian. 7-1.02, "vU~ight Limitations," ~f 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 inSection 591 that this section shall not relieve him or any person from the duty of exerc~s~ng due care. The Contractor shall take alf necessary precautions for safe operation a# his equipment and the protection of the public from injury and damage from such equipment. 5-1.24_ BUY AMER{GA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1.982 (Section 165} and the Intermodal Surface Transportation Efficiency Act of 1991. (ISTEA} Sections 1041 (a} and 1048(a}, and the regulations adopted. pursuant thereto. In conformance with the ,law and regulations, all manufacturing processes far steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced, iron ore manufactured outside of the United States maybe used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy -coo#ing; galvanizing, painting, and tither coating that protects or enhances the value'of~steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, uCertif icates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specificat'rans, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The re uirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron q materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 ercent} of the total, contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer p acceptable documentation of the quantity and value of the foreign steel and iron poor to incorporating the .materials into the work. 5-1.25 SUBCQNTRACTQR AND DBE RECQRDS. The Contractor shall maintain records showing the name and business. address of each first-tier subcontractor. The records shall also show the name and business address a# every DBE subcontractor, DBE vendor of materials and DBE trucking company, re ~ardless of tier. The records shall show the dateof payment and the total dollar figure paid to each of the .g firms. DBE prime contractors shall also show the date of work performed by their own forces along with the A-17 The Contractor shall not be entitled to any payment far such work or material unless it is performed ar supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 5-1.28 SUBC0~4TRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions. l Pursuant to the provisions in Section 1?~?.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at httpa/www.dir.ca.govldi rlLabar_IawIDLSE1Debar.html. Th.e provisions in fhe #hird paragraph of Section 8-1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not Less than 50 percent of-~he original contract price, is changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" (Form FHWA 1273} in Part B of these special provisions that the Can#ractor perform not less than 30 percent of the original contract work with the Contractor`s own organization. Each subcontract and any lower tier subcontract that may in.turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" (Form FHVVA 1273} in Part B of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination o~ the contract. In conformance with the Federal DBE regulations Sections 26.53(f}(1 }and 26.53(f}(2} Part 26, Title 49 CFR: .The Contractor shall not terminate for convenience a DBE subcontractor listed in response to .Section 2-~ .148, "Submission of DBE lnformationN, of these special provisions, and then perform that work with its own farces, or-those of an affiliate without the written consent of the City, and If a DBE subcontractor is terminated or fails to complete its work far any reason, the Contractor will be required to make gaol faith efforts to substitute another DBE subcontractor for the original DBE subcontractor, to the extent needed to meet the contract goal The requirement in Section 2-1.14, "Disadvantaged Business Enterprise (DBE}," of these special provisions that DBEs must be certified on the date bids are opened does not apply to DBE substitutions after award of the contract. 5-1.29 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. The Contractor shall pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Contractor receives from the City. Any delay ar postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. 5-1.30_ PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The Contractor shall release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed, even rf the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract", of the Standard Specif nations and with these special prov~s~ons. > Any delay or postponement of payment farm the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to bath DBE and non-DBE subcontractors. This requirement shall not be construed to limit or impair any contractual, administrative, orjudicial remedies otherwise available to the Contractor or subcontractor in the. event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. A-19 SECTION fi - 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 speci#ications. fi-1.02 BORROW, ©IS~OSAL AND MATERIAL SITES, The operation of any borrow or disposal sites used by the Contractor to pro~Ioce 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 #~e work, all such sites and haul roads sha11 be graded and treated so that, at the time of #inal inspection of thecontract, they will drain, will blend with surrounding terrain, and will have a potential as a source of -blowing dose or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal ar material sites from the authority having .jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requ~rernents in the first and second paragraphs of this section, the requirements of the permits .shall govern ewer 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 allawed.therefor. s-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. 7 A-21 [Y .1 . Local Assistance Procedures Manual EXHIBIT ~~-E PS&E Chec~Iist Instructions Attachment A t, SE+CTi~N I4. FEDERAL REQUIREMENTS FOR FEDERAL-AID C+~NSTRUCTIQN PROJECTS GENERAL. The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the (This form need not be filled in if all joint venture firms are statutes,. rules and regulations promulgated by the Federal Gov- minority owned,} ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, ~ l • Name of joint venture "Form FHwA 1273, are included in this Section 14. whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be 2. Address of joint venture construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.--In , ad- 3. Phone number of joint venture dition to the provisions m Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following; 4, Identify the firms. which comprise the joint venture. (The. The bidder shall execute the CERTIFICATION wlTl~ RE- MBE partner must complete Schedule A.) CARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE Et~UAL OPPORTUI*IITY CLAUSE AND THE FILING OF REQUIRED REPORTS located-in the proposal. No request for subletting or assigning any portion of the contract in ex- cess of $10,044 wilt be considered under the provisions of a. Describe the.. role of the MBE firm in the joint venture, Section VII of the required contract provisions unless such .request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.--The provisions in this section are. applicable to all contracts except contracts for b. Describe very briefly the experience and business ' Federal Aid Secondary projects. ~ ~ ~ , Title 23, United States Code, Section 112,. requires as a qualifications of .each non-MBE joint venturer: condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder f le a sworn statement executed by, ar an behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, .certifying that., such person, firm, association, or , corporation bas not, either directly or indirectly, entered into 5. Nature. of the joint .venture's business any agreemen#, participated- in any collusion, or otherwise taken any action in restraint of free: competitive bidding in .connection with the submitted bid. A form to make the non- collusion affidavit statement required by Section 112 as a b. Provide a copy of the joint venture.agreement. certification under penalty of perjury rather than as a sworn . _ . , . statement as permitted by Z8, USC, Sec.174b, is included in the 7: what is the claimed percentage of MBE ownership? proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING.-Part 23, Title 49, S. Ownership of joint venture: (This need not be filled in if Code of Federal Regulations applies to this Federal-aid project, , , , Pertinent se~etions of said Code are incorporated in part or in its described in .the point venture agreement, provided by entirety within other sections of these special provisions. question 6.}. . Schedule D-Information for Determining Joint Venture Eli- gibility Revised 3.95 48-0?-93 FR-1 Attachment A ~ Page,1~-63 ~o~,~s~ ~ ~ ~~~t i- LYa YN\ 7 .R' a/./ V Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instruc#ions Attachment D REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts} Disputes within the meaning of this clause include disputes page between the contractor (or any of its subcontractors} and the I. General contracting agency, the DOL, or the contractor s employees or 3 their representatives. II. Nondiscriimination 3 III. Nonsegregated Facilities 5 6.5election of Labor: During the performance of this ,1V. Payment of Predetermined Minimum Wage b contract, the contractor shall not: V. Statements and Payrolls 8 . - VI. Record of Materials, Supplies, and Labor 9 a. discriminate against labor from any other State, posses- • sion, or tenitor of the United States exce t for em to meat 9 y P Py VII. Subletting or Assigning the Contract . reference for A atachian contracts when a Iicable, as VIII. Safety: Accident Prevention a 0 P pp ~ PP specified in Attachment A}, or IX. False Statements Concerning Highway-Project....... 10 ~ . X. Implementation of Clean Air Act and Federal Dater b, em to convict labor for any purpose within the limits Pollution Control Act.. 10 of the ra'ect unless it is labor performed by convicts who are XI. Certif cation Regarding Debarment, Suspension, on arole~ supervised release, or probation. P Ineligibility, and Voluntary Exclusion 11 . XII. Certification Regarding Use of Contract Funds for II. NOh1DISCRIMINATION Lobbying 12 ~ {Applicable to all Federal-aid construction contracts and to ATTACHMENTS all related subcontracts of $10,000 or more.) A. Employment Preference for Appalachian Contracts ~I..Equai Employment Opportunity:- Equal employment (included in Appalachian contracts only} opportunity (EEO} requirements not to dtscrirninate and to take af~rmatzve action to assure equal opportunity as set forth under I. GENERAL laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 4l CFR 60} and orders of the Secretary of 1. These contract provisions. shall apply to all work per- Labor as modified by the provisions prescribed herein, and im- formed on the contract by the contractor's own organization posed pursuant to 23 U.S,C. 140 shall constitute the EEO and and with the assistance of workers under the contractor's im- specific affirmative action standards for the contractor s project mediate superintendence. and to all work performed on the con- activities under . this contract.. The Equal Opportunity tract by piecework, station work, ar by subcontract. Construction Contract Specifications set forth under. 41 CFR GO-4.3 and the provisions of the American .Disabilities 2. Except as otherwise provided for in each section, the con- Act of 1990 (42 U.S.C. 12101 et seq:}.set forth under 28 CFR 35 tractor shall insert in each subcontract all of the stipulations and 29 CFR 1630 are incorporated by reference in this contract. contained in these .Required Contract. Provisions, and further In the execution of this contract, the contractor agrees to comply require their inclusion in any lower tier subcontract or with the following. minimum spedf c requirement activities of ,purchase order that may in turn be made.. The. Required Contract EEO: Provisions shall not be incorporated by reference in any case. _ The prime contractor shall be responsible for compliance by any a. The. contractor will work with the State highway agency, _ ~ subcontractor or lower tier subcantractorwith-these Required - - (SHA}-and the~F~deral.Government;. m. carrying::out EEU Contract Provisions. ~ ~ ~ obligations and in their review of hislher activities under the contract.- 3. A breach of any of the stipulations contained in these Re- uired Contract Provisions shall be sufficient grounds for b. The contractor will accept as his operating policy the ermination of the contract. following statement: 4. A breach of the followin clauses of the Re wired Contract "It is the policy o f phis Company to assure that applicants Provisions ma also be rounds for debarment as rovided in are employed, and that employees are treated during emplay- y g P ment, without regard to their race, religion, sex, color, na- 29 CFR S.I2: tional origin, age or disability. Such action shall inchrde: Sec#ion I, paragraph 2; employment, upgrading, demotion; or transfer; recruitment or Section IV, paragraphs 1, 2, 3, 4, and 7; recruitment advertising;. layoff or termination; rates of pay or Section V, paragraphs I and 2a through 2g, other forms of compensattorr;.ands~lection for tra~nrng, in- . chiding apprenticeship, preappretrticeship, andfor vn-the-fob . S. Disputes arising out of the labor standards provisions of ~ training." Section IV (except paragraph 5}and Section V of these Required The contractor wilt designate and make Contract Provisions shall. nvt be subject to the general 2. EEO Officer: disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer wh~ eill resolved in accordance with the procedures of the U.S. De- .have the responsibility for and must be capable of effec t y partment of Labor (DOL} as set forth in 29 CFR 5, 6, and 7. Form 1173 --Revised 3.95 as-ot•9s FR-3 Page 12-~5 February 1,1998 Attachment B Laca1 Assistance Procedures Manual EXHIBIT Ia-E PS&E Checklist Instructions Attachment ~ tY 1. Unions: if the contractor relies in whole or in part upon 9. Records and Reports: The contractor shall keep such unions as a source of employees, the contractor will use his/her records as necessary to document compliance with the EEO best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained for a period of opportunities for minority groups and women within the three years following completion of the contract work and shall unions, and to effect referrals by such unions of minority and be available at reasonable times and places for inspection by au- femaleemployees. Actions by the contractor either directly or thorized representatives ofthe SHA and the FHWA. through a contractor's association acting as agent will include . the procedures set forth below: ~ a. The records kept by the contractor shall document the fallowing: a. The contractor will use best efforts to develop, in coop- . eration with the unions, joint training programs aimed {1}The number of minority and non-minority group toward qualifying more minority group members and women members and women employed m each work classification for membership in the unions and increasing the skills of on the project; minority group employees and women so that they may qualify for higher paying employment. {2} The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- b. The contractor will use best efforts to incorporate an portunities for minorities and women; EEO clause into each union agreement to the end that such - union will be contractually bound to refer applicants with- (3}The progress and efforts being made in locating, hir- out regard to their race, color, religion, sex, national origin, ing, training, qualifying, and upgrading minority and fe- . age or disability. male employees; and c. The contractor is to obtain information as to the referral (4}The progress and efforts being made in securing the practices and policies of the labor union except. that to the ex- services of DBE subcontractors ar subcontractors with tent such information is within the. exclusive possession of ~ meaningful; minority and female representation among their the labor union and such labor union refuses to furnish such employees. information to the contractor, the contractor shall so certify to the SHA and. shall set Earth what efforts have been made to b. The contractors will submit an annual report to the SHA obtain such information. each 3uly for the duration of the pro}ect, indicating the num- ber of minority, women, and non-minority group employees d. In the event the union.is unable to,provide the contras- currently engaged in each work classification requiredby the tar with a reasonable flow of minority and women referrals contract work. This information is to be reported on Farm within the time limit set forth in the collective bargaining FHVVA-1391. If an-the-job training is being required by agreement, the contractor will, through. independent recruit- special provision, the contractor will be ,required to collect merit efforts, fill the employment vacancies without regard to and report training data, race,.-color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable mi- III NONSEGREGATED FACILITIES nority group persons: and women. (The DOL has held that it -shall be no excuse that the union with which the contractor (ppplicable to all Federal-aid construction contracts and to has a collective bargaining agreement providing for exclusive- all related subcontracts of ~ I0,000 or more.} referral failed to refer minority employees.} 1n the event the union referral practice prevents the contractor from meeting a. By submission of this bid, the execution of this contract the obligations pursuant to Exeeutwe Order .11246, as or subcontract or the consummation. of this material su 1 amended, and theses ecial rovisions, such contractor shall ~ pp y p P agreement ar purchase order, as appropriate, the bidder, irr~mediately notify the SHA.. Federal-aid construction contractor, .subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does 8. Selection of Subcontractors, Procurement of Materials not maintain or provide for-its employees any segregated . and :...:Leasing of . Equip.ment:. The contractor _ ,shall not facilities at any- of its establishments, and that=the firm does discriminate on the grounds ~ of race, color, religion, sex, not permit its employees to perform their services at any national origin, age or disability in the selection and retention location, under its control, where segregated facilities ale of subcontractors, including procurement of materials and leases maintained. The firm agrees that a breach of this certification of equipment. is a`violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to a. The contractor shall notify .all potential subcontractors adequate facilities on the basis of sex or disability. . and suppliers ofhis/her EEO obligations under this contract. b. As used in this certification, the term "segregated facili- b. Disadvantaged business enterprises (DBE}, as def ned ties" means any waiting .rooms, work areas, restraoms and in 49 CFR 23, shall have equal opportunity to compete for washrooms, restaurants.. and other eating areas, time clocks, and perform subcontracts which the contractor enters into locker rooms, and other storage or dressing areas,, parking .pursuant to this .contract. The contractor wi11 use his best lots, drinking fountains, recreation or entertainment areas, . efforts to solicit bids from and to utihae DBE subcontractors transportation, and pausing facilities provided for employees or subcontractors with meaningful minority group and female which are segregated by explicit directive, ar are, in fact, seg- representation among their employees. Contractors shall regated on the basis of race, color, religion, national origin, obtain lists of DBE construction firms from SHA personnel. age or disability, because of habit, local custom, or otherwise. The only exception will be far the disabled when the c. The contractor will use his best efforts to ensure subcon- demands for accessibility override (e.g. disabled parking). tractor compliance with their EEO obligations. Form 1213 - Revisal 3-95 48-fl?-9S FR-5 Page 12-67 _ _ . k ebruary i, i9m Local Assistance Procedures 1Vlanual IJxH~B~T PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona ~4} In the event the Bureau of Apprenticeship and Train- fide fringe benefit or an hourly case equivalent thereof. ing, ar a State apprenticeship agency recagn~zed by the Bureau, withdraws approval of an apprenticeship program, b. If the contractor or subcontractor, as appropriate, does the contractor ar subcontractor ~vill no longer be permitted not make payments to a trustee or other third person, he/she to utilize apprentices at Tess than the applicable predeter- mayconsider as apart ofthe wages of any laborer or mechanic mined rate far the comparable work performed by regular the amount of any costs reasonably antfcjpated in providing employees until an acceptable program is approved. bona fide fringe benefits under a plan or program, provided, that the Secretary of -Labor has found, upon the written b. Trainees: request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may {I) Except as provided in 29 CFR 5.16, trainees will not require the contractor to set aside in a separate account assets be permitted to work at less than the predetermined rate far for the meeting of obligations under the plan or program. the work performed unless they are employed pursuant to and individually registered to a program which has 4. Apprentices and Trainees {Programs of the U.S. DQL) received prior approval, evidenced by formal certification and Helpers: - by the DOL, Employment and Training Administration. a. A rentices: ~ (2} .The ratio of trainees to journeyman-level employees PP on the job site shall not be greater than permitted under the { 1 }Apprentices will be permitted to work at less than plan approved by the Employment and Training Adminis- the predetermined rate for the work they, performed when tration. Any employee listed on the payroll at a trainee they are employed pursuant to and individually registered rate who ~s not registered and parttc~pating m a tracning in a bona f de apprenticeship program registered with the plan approved by the Employment and Training Adminis- . DQL, Employment and Training Administration, Bureau of. ~ tration shall be paid .not less than the applicable wage race A renticeship and Training, or with a State apprentice- on the wage determination for the class~Fcation of work ac- pP tually performed. In addition, any trainee performing work .ship agency recognized by the Bureau, or ~f a person is em- on the job site in excess of the ratio permitted under the ployed cn his/her first 9~ days of probationary employment registered program shall be paid not. less than the applica- as an apprentice in such an apprenticeship program, who is blc wage rate on the wage determination for the work actu- not individually,registered to the program, but who has oily performed been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropri- 3 Ever trainee must be aid at not less than the rate ate} to be eligible far probationary employment as an ap- (c) led in the. a roved ro am for his/her level of prentice. spe t PP P ~ progress, expressed. as a percentage of the. journeyman-level 2 The allowable ratio of ap rentices to journeyman- hourly rate specified in the applicable wage determination. { , eon the 'ob site~n an craft classi#ication , Trainees shall be paid fringe. benefits zn accordance with Ievel employes ~ Y, the provisions of the trainee program. If the trainee shall not be greater than the ratio permitted to the contras- ro ram does n©t mention fringe benefits, trainees shall be for as to the entire work force-under the registered program. P g An em to ee listed on a payroll at an apprentice wage `Paid the -full amount of fringe benefits listed` on the wage y p Y determination unless the Admtnastrator of the Wage and rate, who is not registered or otherwise ernpioyed as stated ::Hour Division determines that there is an apprenticeship above, shall be paid not. less than the applicable wage rate ro ram associated with the comes ondin ourne man listed in the wage determination for the classification of p g 'p ti n which rovides -.work actually performed. In addition, any apprentice per- level wage rate on the wage deterrntna o p formin work on the job site in excess of the raga permuted for less than full fringe benefits for apprentices, ~n which g case such trainees shall receive the same fringe benefits as under the registered program shall be paid not less than the - applicable wage rate on the wage determination for the ~ apprentices. work actually performed. Where a contractor or (4} In the event the Employment and Training Adminis- _ subcontractor-ys performtng construction on a project in a tration withdraws approval~of a training program, the can- locality other than that in which its program is registered, tractor or subcontractor will no lon er be permitted to uti- the ratios and wage rates {expressed ~n percentages of the lixe trainees at less than the a licable predetermined rate journeyman-level hourly rate} specified m the contractors PP or subcontractor's registered program shall be observed. for the work performed until an acceptable program is ap- proved. (3}.Every apprentice must be paid at not less than the c. Hel ers: rate specified ~n the registered program for the apprentices p level of progress, expressed as a percentage of the jour- neyrnan-level hourly rate specified m the applicable wage Helpers will be permitted to work on a project if the determination. Apprentices shall be paid fringe benefits in helper classification is specified and defined an the accordance with the provisions of the apprenttceship pro• applicable wage determ~nat~on or is approved pursuant to gram. If the apprenticeship program does not specify fringe the conformance procedure set Earth in Section IV.2. Any benefits, apprentices must be paid the full amount of fringe worker listed an a payroll at a helper wage rate, who is not benefits listed on the wage determination for the applicable a helper under an approved definition, shall be paid not classification. If the Administrator for the VV'age and Hour less than the applicable wage rate on the wage • Division determines that a different practice prevails for the ~ determination for the classification of work actually applicable apprentice classification, fringes shall be paid performed. in accordance with that determination. Form 1213 Revised 3.95 08-01.95 FR-7 Page 12-b9 February 1,1998 Local Assistance Procedures Manual EXHIBIT 1~-E PS&E Checklist ~nstrucfions Attachment B q c. Each contractor and subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR 5.12. week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employ- VI. RECORD OF MATERIALS, SUPPLIES, AND ees (including apprentices, trainees, and helpers, described in LABQR Section 1V, paragraphs 4 and 5, and watchmen and guards en- gaged on work during-the preceding weekly payroll period}. 1.On all Federal-aid contracts on the National Highway Sys- The payroll submitted shall set out accurately and completely tem, except those which provide solely for the installation of all of the information required to be maintained under pars- protective devices at railroad grade crossings, those which are graph 2b ofthis Section V. This information may be submit- constructed on a force account or direct tabor basis, highway ted in any farm desired. Optional Form WH-347 is avatlab a beautification contracts, and contracts for which the total final for this purpose and maybe purchased frvrn the Superinten- construction cost for roadway and bridge is less than dent of Documents (Federal stock number 029-005-0014-1}, SI,QpQ,000 (23 CFR 635} the contractor shall: U.S. Government Printing Office, Washington, D.C. 20402. . The prime contractor is responsible for the submission of a. Become familiar with the list of specific materials and copies of payrolls by all subcontractors. supplies contained in Form FHWA-47, "Statement of Materi- als and Labor Used by Contractor of Highway Construction ~t d. Each payroll submitted shall be accompanied by a Involving Federal Funds," prior to the commencement. of work Statement of Compliance, signed by the contractor or sub- under this contract. contractor orhis/her agent who pays or supervises the pay- . meat of the persons employed under the contract and shall b, Maintain a record of the total cast of all materials and certify the following: ~ supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies (1) that the payroll for the payroll period contains the listed on Form FHWA-47, and. in the units shown on Form information required to be maintained under paragraph 2b FHWA-41. ofthis Section V and that such information is correct and complete; c. Furnish, upon the completion of the contract, to the SHA resident. engineer on Farm FHWA-4T together with the data (2) that such laborer or mechanic (including each helper, required in paragraph 1b relative to materials and supplies, a apprentice,-and trainee} employed on the contract during final labor summary of all contract work indicating the total the payroll period has been .paid the full weekly wages hours worked and the total amount earned. earned, v~►ithout rebate, either directly or indirectly, and .that no .deductions have been made either directly or 2. At the prime contractor's option, either a single report indirectly from the full wages earned, other than covering all contract work or separate reports for the contractor permissible deductions as set forth in the- Regulations, 29 and for each subcontract shall be submitted. CFR 3; (3 that each laborer or mechanic has been paid not less VII• SUBLETTING UR ASSIGNING THE CON- } e a 'ca le wa a rate and frin~ a benefits or cash TRACT that th Ppl~ b g g .equivalent for the classification of worked performed, as specified in the applicable wage determination incorpo- 1. The contractor shall perform with its own organization ..rated into the contract, contract. work amounting to not less .than 30 percent (or a ' greater percentage if specified elsewhere in the contract) of the e. The weekly submission of a properly executed certifica- total original contract price,. excluding any specialty items des- lion set forth on the reverse side of Optional Form WH-34? ignated by the State.. Specialty items may be performed by sub- shalt satisfy the requirement for submission of the "Statement contract and the amount of any. such specialty items performed of Compliance" required by paragraph 2d of this Section V. maybe deducted from the total original contract price before computing the amount of work required to be performed by the f. The faisif cation of any of the above certifications may contractor's own organization (23 CFR 635}. subject the, contractor to civil or criminal prosecution under . _ . _ . a: Its-own organization shall be construed to include - 18 U.Q.C.1001-.and 31 U.S.C. 231. only workers employed and paid directly by the prime con- g. The c©ntractor or subcontractor shall make the records tractor and equipment owned or rented by the prime eontrac- - required. under paragraph 2b ofthis Section V available for tor, with or without operators.. Such term does not include ,inspection, copying, or transcription by authorized employees or equipment of a subcontractor, assignee, or agent representatives of the SHA, the FHWA, or the DQL, and of the prime contractor. shall .permit such representatives to interview employees during .working hours on the job.. If the contractor or b. "Specialty items" shall be construed to be limited to subcontractor fails to submit the required records or to make work that requires highly specialized knowledge, abilities, them available, the SHA, the FHWA, the DOL, or all may, or equipment not ord2narily available in the type of con- . after written notice to the contractor, sponsor,. applicant, or tract~ng organizations quah~ed and expected to bid on the owner,. take such .actions as may be necessary to cause the contract as a whole and. in general are to be limited to minor suspension of any further payment, advance, or guarantee of components of the overall contract. funds. Furthermore, failure to submit the required records upon request or to make such records. available may be <x Form 1273 --Revised 3.95 08-47.95 FR-9 5 ~ Page 11-?1 FPhrnarv 1.1998 • r~1I ~N\ 1 ~I/y Local Assistaatce Procedures Manual EXHIBIT 12-E p PS&E Checklist Instructions Attachment B far the contract is under consideration to be listed on the EPA g. The praspective primary participant further agrees by List of Violating Facilities. submitting this propasal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibil- 4. That the firm agrees to include or cause to be included the . ity and Voluntary Exclusion-Lower Tier Covered Transac- requirements of paragraph 1 through 4 of this Section X in every lion," provided by the department or agency entering into nonexempt subcontract, and further agrees to take such action as this covered transaction, without modification, in all lower the government may direct as a means of enforcing such re- Tier covered transactions and in ail. solicitations for lower tier quirements. covered transactions. XI. CERTIFICATION REGARDING DEBARMENT, h. A participant in a covered transaction may. rely upon a SUSPENSION, INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov- EXCLUSION Bred transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless 1. Instructions for Certification -Primary Covered it knows that the certification is erroneous. A participant Transactions. - may decide the method and frequency by which it determines .the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the tApplicable to all Federal-aid contracts - 49 CFR 29} "Lists of parties Excluded From Federal Procurement or hlonprocurementProgroms" ~Nonprocurement List) which is a. By signing and submitting this proposal, the prospec• compiled by the General Services Administration. tive primary participant is providing the certification set out below. i. blothing contained in the foregoing shall be construed to require establishment of a system of records in order to render b. The inability of a person to provide the certification set in good faith the certification required by this clause. The out below will not necessarily result in denial of pastic- knowledge and information of participant is not required to ipation in this covered transaction. The prospective par- exceed that which is normally possessed by a prudent person ticipant shall submit an explanatifln of why it cannot provide in the ordinary course of business dealings. the certification set out. below. The certification or explanation will be considered in connection with the de- j, Except for transactions authorized under paragraph f of partment or agency's determination whether to enter into this these instructions, if a participant in a covered transaction transaction. However, failure of the praspective pnmary knowingly enters into a lowertier covered transaction with a participant to furnish a certification or an explanation shall person who is suspended, debarred, ineligible, or voluntarily disqualify such a person from participation in this excluded fram participation in this transaction, in addition to transaction. other remedies available to the Federal Government, the de- parhnent or agency may terminate this transaction for cause or c. The certification in this clause is a material represents- default, tion of fact upon which reliance was placed when the depart- meat ar agency determined to enter into this transaction. If it ~ * * * ~ is later determined that the prospective primary participant . knowingly i;endered an erroneous certification, in addition to Certification Regarding Debarment, other remedies available to the Federal Government, the de• Suspension, Ineligibility and Voluntary partment or agency may terminate this transaction for cause of Exclusion--Primary Covered Transactions default. 1. The prospective primary~participant certifies to the best d. The prospective primary participant shall provide im- 4f its knowledge and belief, that it and its principals: mediate written notice to the department or agency to -whom - ~ . this rv osal is submitted if an time the ros ective rimar . p ` y , , p ded .proposed for - arts i aaat learns that i.ts cerhfcation'was erroneous when a Are t ot.eC~ s~ rill i eii able or voiuntaril~~ excluded p p debarmen , d a ed n g y submitted or has become erroneous by reason of changed fram covered. transactions by any Federal department or circumstances. agency; r. ►I e. The terms covered transaction, .debarred, suspended, b. Have not within a 3-year period preceding this rl' !1 N II 11 rl ineligible, lower tier covered. transaction, participant, propasal been convicted of or had. a civil judgment ren- II I~ II ~ it tr n . ,person, primary covered transaction, principal, dered against them for commission of fraud or a criminal "proposal," and "voluntarily excluded," as used in this clause, offense in connection with obtaining, attempting to obtain, have the meanings set out in the Definitions and Coverage ar performing a public Federal, State or heal) transaction sections of rules tmplementing Executive Order 12549. You or contract under a public transaction; violation of Federal may contact the department or agency to which this- proposal or State antitrust statutes or commission of embezzlement,. is submitted for assistance in obtaining a copy of those theft, forgery,. bribery, falsification or destruction of regulations., ~ records, making false statements, or receiving stolen property; f. The prospective primary participant agrees by submitting this pri~posal that, should the proposed covered transaction ~ c, Are not presently indicted for or otherwise criminally be entered into, it shall not knowingly enter into any tower or civilly charged by a governmental entity (Federal, State tier covered transaction with a person who is debarred, or local) with commission of any of the offenses enumerated suspended, declared ineligible, or voluntarily excluded from in paragraph l~b of this certification; and participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Form } 273 Revised 3-43 08.01-95 FR-11 Page 12-?3 February 1, 1998 Local Assistance Procedures Manual ~ EXHIBIT 12-E PS&E Checklist Instructions Attachment B A grant, loan, or cooperative agreement, the undersigned shall certification shall be subject to a civil penalty of not less than complete and submit Standard Form-LLL, "Disclosure Form to $10,000 and not more than $100,000 for each such failure. Report Lobbying," in accordance with its instructions. 3. The prospective participant also agrees by submitting his 2. This certification is a material representation of fact upon or her bid or proposal that he or she shall require that the lan- which reliance was placed when this transaction was made or guage of this certification be included in ail lower tier subcon- entered into. Submission of this certification is a prerequisite tracts, which exceed $100,000 and that all such recipients shall for making or entering into this transaction imposed by 31 certify and disclose accordingly. U.S.C. 1352.. Any person who fails to .file the required FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of 177 Sacramento, CA. "Required Contract Provisions Federal-aid Construction Contracts" the following are the`goals~for female utilization: SMSA Counties: 6920, Sacramento, CA...........: 16.1 Goal for women ~ CA Placer; CA Sacramento; CA Yalo. (applies nationwide} ..............(percent) 6.9 The following are goals for minority utilization: Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CALIFORNIA ECONOMIC AREA CA Nevada; CA Sierra; CA Sutter; CA Yuba. Goal (Percent} 178 Stockton-Modesto, CA: 174 Redding, CA: SMSA Counties: Non-SMSA Counties 6.8 51?0 Modesto, CA.......:................................... 3 2.3 CA Lassen; CA Modoc; CA Stanislaus. CA Plumas; CA Shasta; 8120 Stockton, CA 24. CA Siskiyou; CA Tehama.~ CA San Joaquin. Non SMSA Countaes 19, . 175 Eureka, CA: CA Alpine; CA Amador; . CA Calaveras; CA Mariposa; Non-SMSA Counties 6.6 CA Merced; CA Tuolumne. CA Del Norte; GA Humboldt; CA Trinity. 179 Fresno-Bakersfield, CA: 176_ San Francisco-Oakland-San Jose, CA: SMSA Counties: 0680 Bakersf:eld, CA.:.,..:............: 19.1 SMSA Counties: CA Kern... 7120 Salinas-Seaside- ~ 2840 Fresno, CA 26.1. Monterey, CA ~ 28:9 _ CA Fresno. Y~ Non-SMSA Counties:: 23.6 CA Montere CA CA Kings; CA Madera; . 7360 San Francisco-Oakland, 25.6 CA Alameda; CA Contra Costa; CA Tulare. CA Morin; CA San Francisco; CA San Mateo. 1SO Los Angeles, CA: 7400 San Jose, CA 19.6 CA Santa Claw. _SMSA Counties: 74$5. Santa Cruz, CA 14.9 0360 Anaheim•Santa Ana-Garden CA Santa Cruz. Grove, CA 11.9 7500 Santa Rosa, CA 9.1 CA Orange: CA Sonoma. 4480 Los Angeles-Long 8720 Vallejo-Fairfield- Napa, CA 17. i . Beach, CA 2 , CA Napa; CA Solano CA Los Angeles. 6000 Oxnard-S~mi Valley- Non-SMSA Counties 23.2 Ventura, CA.................................................... 21. CA Lake; CA Mendocino; CA Ventura. CA San Benito. Form 1173 --Revised 3-95 ~ 08.07.95 FR-13 Page 12-75 February 1,1998 GENERAL DECISION CAfl 10032 04I27~2001. CA32 Date: April 27, 2001 General Decision Number CA010032 Superseded General Decision No. CA000032 h State: California Construction Type: BUILDING DREDGING HEAVY HIG~IWAY County~ies}: KERN BUILDIlVG CONSTRUCTION PROJECTS; DREDGING PROJECTS does not - includehopperdredge work}; HEAVY CONSTRUCTION PROJECTS does not include oil well drilling or water well. drilling}; HIGHWAY CONSTRUCTIt~N PROJECTS Modification Number Publication Date 0 010212001 1 0109/2001 _ 2 03123/2001 _ 3 ~ 04113/2001 ~ . 4 04/2712001 - COUNTY(ies}: _ KERN ASBE0005B 01101/2000 Rates Fringes . INSULATORIASBESTOS WORKER Includes the :application of all ~nsulatmg matenals, protective - coverings, coatings, and finishings to all types of mechanical systems 30..46 7.65. ASBE0208B 46/01/1996 Rates Fringes ASBESTOS REl1~OVAL WORKER/ HAZARDOUS 1VIATERIAL HANDLER Includes preparation, wetting, . stripping, removal, scrapping,- vacuuming, bagging and d~spos~ng of all insulation materials from . mechanical systems, whether they contain asbestos or not 19.70 4.81 . BOIL0092F 1010112000 Rates Fringes BOILERMAKER 30.06 9.81 TUBE WELDER 31.56 ~ 9.81 B-~ Rock barge ar scow 26.78 6.38 Scaffold builder 21.OQ 6.38 FOOTNOTE : ' work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in ,conjunction with steel H-Beams driven orplaced inpre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0003H 07/01 / 1999 Rates Fringes 1VIODULAR FURNITURE INSTALLER 13.08 3.98 LOw ~'VALL MODULA>'~ TECHNICIAN 17:80 3.98 . FULL WALL TECHNICIAN 21.88. 3.98. ELEC0011 G 1210112000 . Rates Fringes COMMUNICATIONS AND SYSTEMS ~VflRK: COMMUNICATIONS & S YSTEMS Installer 21.08 _ 3°Io + 4?5 Technician 22.93 ~ 3°10 + 4.25 - SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and . entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page; school ,intercom and sound, burglar alarms, fire alarm (see last par~.graph below} and low voltage master clock systems in commercial buildings: Communication Systems that transmit or receive information . - and/or control systems that are intrinsic to the above listed _ systems; inclusion or exclusion of terminations and testings of J conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Installation or maintenance of all sound and communications work performed at China Lake Naval Ordnance Test S Cation, Edwards Air Force Base, Elk Hills Naval Petroleum Reserve, or at new or existing federal or state prisons shall be performed at the inside wireman wage rate and fringe benefit amount. Fire alarm work shall be performed at the inside wireman wage rate and fringe benefit amount. ELECO428A 12/0112000 . . Rates Fringes ELECTRICIANS: B-3 GROUP 11 28.83 ~ 9.85 GROUP 12 28.93 9.85 GROUP 13 28.96 .9.85 .GRGUP 14 29.44 9.8 5 GRGUP 15 29.16 9.$5 GROUP 16 29.33 9.85 . GROUP 17 29.43 9.85 GROUP 18 29.54 9.85 GROUP 19 29.66 9.85 GROUP 20 29.83 .9.85 GROUP 21 30.93 9.85 GROUP 22 30.04 9.85 GROUP 23 30.16. 9.85 GROUP 24 30.83 9.85 CRANES, PILEDRNING & HOISTING EQUIPMENT: GROUP 1 27.00 9.8 5 GROUP 2 28.78 9.85 GROUP 3 ~ 28.07 9.85 GROUP 4 28.21 9.85 . GROUP 5 28.43 9.85 GROUP 6 28.54 9.85 GROUP 7 28.66 9.85 GROUP 8 ~ 28.83 9.85 GROUP 9 29:00 9.~5 GROUP 10 30.00 9.85 GROUP 11 31.04 9.85 GROUP 12 32.00 9.85. . GROUP 13 33.00 9:85 TUNNEL WORK: GROUP 1 27.Sa 9.85 GROUP 2 28.28 9.85 . GROUP 3 28.57 9.85 GROUP 4 28.71 9.85 . GROUP 5 - 28.93 9.85 . GROUP 6 29.04 9.85 GROUP 7 29:16 9.85 FOOTNOTES: workers required to suit up and work in a hazardous material environment: $1.00 per hour additional..... _ . . Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. .POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator -inside, ' engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Asphalt-rubber pant .operator. nurse tank operator}, concrete mixer operator - skip type, conveyor operator, .fire person, hydrostatic pump. operator, oiler crusher asphalt or concrete lint}, skiploader (wheel type up to 3i4 yd. without P attachment}, tar pot fire person, temporary heating plant operator, trenching machine oiler GROUP 3: Asphalt-rubber blend operator, equipment greaser (rack}, Ford Ferguson (with dragtype attachments}, helicopter radio ~~r®und}, stat~anary pipe wrapping and, cleaning machine operator B-5 equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck), rubber-tired earth- b moving equipment operator (multiple engine ~up to and including 25 yds. struck}, rubber-tired scraper operator (self-loading paddle _ wheel type -Jahn Deere, 1040 and similar single unit), self- h propelled curb and gutter machine operatar, skiplaader operator (crawler and wheel type over 1-1.12 yds. up to and including 6-112 yds.}, sail remediation plant operator, surface heaters and planer operator, tractor compressor drill combination operatar, tractor operator (any type larger than D-5 -1001`~lywheel h.p. and over, ar similar -bulldozer, tamper, scraper and push tractor single engine), tractor operatar (boom attachments}, traveling pipe wrapping, cleaning and bending machine operatar, trenching machine operator (over 6 ft. depth capacity, manufacturer s rating), ultra high pressure waterjet cutting tool system rnechanic GROUP 8: Heavy-duty repair person (multi-shift) GROUP Drilling machine operator, bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or-5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 1~5' maximum), dual drum mixer, dynamic compactor LDC35~ (or similar types}, heavy-duty repair-welder . combination, monorail locomotive._ operator (diesel, gas or electric), motor patrol -blade operator (single engine}, multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.}, rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck}, rubber-tired earth-moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 y+~. and up to 50 yds. struck}, tower crane repair person, tractor loader operator (crawler and wheel type over 6-1I2 yds.}, moods mixer operator (and similar Pugmill ..equipment} GROUP 10: Heavy-duty repair-welder combination (multi-shift} GROUP 11: Auto grader operatar, automatic slip form operator, drilling machine operator, bucket or auger types (Calweld, auger. 200 CA or similar types -Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar. types -drilling depth of _ 175' maximurn~, hoe ram or similar with compressor, mass excavator ~ ~ operator, mechanical finishing machine operatar, mobile form traveler operator,. rnotor patrol operator (multi-engine},pipe mobile machine operator, rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck}, rubber-tired self-loading scraper operator (paddle-wheel-auger type self loading - two (2} or more units} GROUP 12: Rubber-tired earth-moving equipment operator operating equ~p~nent with push-pull .system (single engine, up to .and including 2~ yds. struck} GROUP 13: Canal liner operator, canal trimmer operator, remote- control earth-moving equipment operator (operating a second piece of equipment: X1.0 per hour additional}, wheel excavator operator GROUP I4: Rubber-tired earth-moving equipment operator, B-7 GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck}, rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck} d GROUP 24: Concrete pump operator -truck mounted, rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck} CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes toed, lull or similar types} GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Rass carrier operator ~jobsite} GROUP Bridge-type unloader and turntable operator; Helicopter hoist operator. GROUP 5: Stinger crane (Austin-Western or similar type}; Tugger hoist operator (1 drum} GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types}; Material hoist operator; Polar gantry crane. operator; Shovel, backhoe, dragline, clamshell operator (aver 3/4 yd. and up to 5 cu. yds. rnrc}; Tugger hoist operator GROUP 7: Pedestal crane operator; Shove, backhoe, dragline, clamshell operator (over 5 cu. yds. i~rc}; Tower crane repair; Tugger hoist operator (3 .drum) GROUP 8: Crane operator (up to and Including 25 ton capacity}; Crawler transporter operator; Derrick barge. operator (up to and including 25 ton capacity); Hoist- operator, stiff legs, Guy . derrick or similar type (up to and including 25 ton capacity}; Shovel, backhoe, dragline, clamshell operator (over ~ cu. yds. mrc} GROUP 9: Crane operator (aver 25 tans and up ~o and including 50 tons mrc}; Derrick barge operator (over 25 tons up to and ..including 50 tons rnrc}; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc}; K-crane operator; Polar crane operator GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc}; Derrick barge operator (over 5o tons up to and including 1ot3 tans mrcj; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc}, Mobile tower crane operator (aver 50 tons, up to and including 100 tons M.R.C.};Tower crane operator and tower gantry GROUP 1 l: Crane operator (over 100 tons and up to and including 200 tons mrc}; Derrick barge operator (over 100 tons up to and including 200 tons mrc}; Hoist operator, stiff legs, Guy derrick B-9 Fence erector 25.19 14.575 ~Ornament~rl, reinforcing and structural 26.08 14.575 FOOTNOTE: work at China Lake Naval Test Station and Edwards Air Force Base: $3.00 per hour additional. LABO0001 B 09/0112000 Rates Fringes ~RIC~ TENDER 19.67 9.10 FORK LIFT OPERATOR 19.82 9.10 LAB00002H 0710112000 Rates Fringes IABORERS: GROUP 1 18.82 9.65 GROUP 2 19.27 9.65 CROUP 3 19.62 9.65 CROUP 4 20.92 9.65 CROUP 5 ~ 21.67 9.65 TUNNEL LABORERS : GROUP 1 21.73 9.65 CROUP 2 21.95 9.65 GROUP 3 22.21 9.65 GROUP 4 - 22.65 9.65 . GUNITE LAB ORERS : . GROUP 1 21.69 11.8$ GROUP 2 20.74 11.8 8 CROUP 3 17.Zo 11.88 HOUSEMOVERS ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A . CONSTRUCTION CONTRACT}: Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREN[IU1V1 PAY: workers working from a Basn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing. applicable classification rates. ''porkers doing gunite andlor shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable ±classification rates, paid on a portal-ta-portal .basis: .Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' 0" above base level and which. work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0'' level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a B-11 laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe ~n the ditch until completion of operation, including any and all forms of tubular material, v~hether pipe, metallic ornon-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of matenal from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster tnozzle person}, water blasting, . Portashot-Blast; welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading hales, placing and blasting of all powder and explos7ves of whatever type, regardless of method used far such loading and placing; Driller:. All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power;. Toxic waste removal TUNNEL LAB~JRER CLASSIFICATIONS GROUP 1: Batch lant laborer; Bull gang mocker, track person; P Chan ehouse person; Concrete crew, including rudder and spreader; g Dump person; Dump person toutside); Swamper (brake person and switch person on tunnel work}; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading . agitator cars; Nipper; Pot tender, using mastic or other materials tfor example, but not by way of limitation, shotcrete, etc.}; Vibrator person, jack hammer, pneumatic tools (except driller} GROUP 3: Blaster, driller, powder person; Chemical grout jet, person; Cherry picker. person; Grout gun person; Grout mixer. person; Grout pump person; ~ackleg miner; 3umbo person; Kemper and other pneumatic concrete,placer operator; Miner, tunnel Shand or machine}; Nozzle person; Operating of troweling andlor grouting machines; Powder person (primer house};Primer person; Sandblaster; Shotcrete person; Steep form~rai~ser an ..setter; Timber person, retimber person, wood or steel; Tunnel Concrete f Wisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS _ GROUP 1: Nozzle person and rod person . GROUP 2: Gun person GROUP 3: Rebound person ~ - ~ LABOO22oF o814212000 Rates Fringes PLASTERER TENDER: Plasterer tender 21.08 9.62 Plaster clean up ~abarer 18.53 9.62 B-13 including 3 stories in height, such as small shopping centers, small stores, small office buildings and smell food establishments}; Small new industrial work (defined as light metal buildings, small warehouses, .small storage facilities and tilt-up buildings); Repaint work (defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate - commercial establishments as part of hotel service, and sports facilities); Tenant improvement work ~ . (defined as tenant improvement work not included in conjnnctian with - theconstruction ~f the building, and all repainting. of tenant improvement . projects 17.80 5.52 All other work 19.9+0 5.52 - PA.IlV0036J I4f4111999 Rates Fringes DRYwA1JL FTI~1~R: Work on wood fr.e structures 15.00 3.71 All other work 21.25 6.88 PAIN0169B 014112000 Rates Fringes . GIAZIER 23:55 8.52 FOOTNOTE: . 'fielding in connection with glazing work: $1.00 per hour additional. PAIN 1247A 14 111997 Rates ~ Fringes SOFT FLGOR L~~R 19.~7~ 5.66. PLAS 0200A 0'4~6~' 1997 Rates Fringes PLASTERERS 23.33 ~.0~ PLASOSOOB 4~141~1999 Rates Fringes B-15 and Weldon 25.67 8.87 Encompasses the far eastern side of Kern County, which includes Edwards Air Force Base, Rosamond, Boron, China Lake Naval 'Weapons Center and Ridgecrest 27.67 8.87 FOOTNOTE: . 'Work from a swinging scaffold, swinging basket, spider or from a bosun chair: 10°10 above the regular rate of pay for that day. ROOF0027A 0910111998 Rates Fringes ROOFER 20.15 6.30 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and itchers are used ~n the application of a built-up roof or tear off: 2.00 per hour additional. . SFCA,0669C 04/0112001 Rates Fringes SPRINKLER FITTER AFIRE} 28.35 6.00 SHEE0102D 02101/2001 Rates Fringes EAST OF HwY. #395 FROM RED NIOUNTAIlV TO THE INYO COUNTY LINE: . COMMERCIAL SHEET METALWORKER: . work on all commercial HVAC for . creature comfort and computers clean rooms, architectural metals, . metal roofing and lagging, over insulation 28.60 10.39 . SHEE0102E 02/0112001 Rates Fringes . EAST OF H~VY. #395 FR0.11~ RED MOUNTAIN TO.THE 1NY0 COUNTY LINE:., INDUSTRIAL SPECIALTIES SHEET METAL. WORKER:. work on ail air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated . a ceilings 24.91 13.62 SHEE0108A 01101/2001 Rates Fringes WEST OF H~~IY. #395 FROM RED MOUNTAIlV TO THE INYO COUNTY LINE: B-17 CROUP 8: Dump truck, 25 yds. to 49 yds. water level; Tr<.ick repair person; water pull -single engine; welder Y CROUP 9: Truck repair person/welder; Lo~v bed drl ver, 9 axles or aver GROUP 10: Durnp truck - 50 yds. or more water level; 'dater pull -single engine with attachment +GROUP 11: Water pull -twin engine; Water pull -twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments WELDERS -Receive rate prescribed for craft performing operation to which welding isincidental. - Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided ~n the labor standards contract clauses X29 CFR 5.5~a}(1}(v}}. In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.}Has there been an initial decision in the matter? This can be: * an existing published wage determination ~ . * a survey underlying a wage determination a wage and Hour Division letter setting. forth a position on a wage determination matter * a eanformance additional classification and rate} ruling On survey related matters, initial contact, including requests ~ ~ - for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have respons~bihty for the Davis-Bacon survey program. If the- response from this initial contact is not satisfactory, then the process described In 2.} and 3.) should be followed. 'With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction wage Determinations. Write to: Branch of Construction Wage Determinations wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.} If the answer to the question in 1.} is yes, then an interested party (those affected by the action}can request review and reconsideration from the'~Vage and Hour Administrator B-19 STATE OF CALIFORNIA ~ DEPARTMENT 4F TRANSPORTATION ENCROACHMENT PERT TR-0120 (R:EV. 2198 Permit Na Os00•NUB-093 Dist(ColRtefPM (KP) In compliance with {check one): 051KER199122.11 Your application of November 1, 2400 Qate tilit Notice No. Of December 2G, 20a0 ~ y Fee Paid Deposit Agreement No. Of $ Exempt $ Exempt ❑ Performance Sond Amount (1} Payment Band Amount (2} Your Reference No. CI~L5109 {458 $ NSA $ NSA Bond Company Bond Number ~1) fond Number (2} To; cITY OI: eAKER~~~ELo 1501 TRUXTON AVENUE BAKERSFIELD, GA, 93301 ATTENTION; . NICK 1=1DLER .PHONE {6~1 } 32f --39A4 J l ~ PERMiTTEE And subject to the follow~n~, PERMISSION IS HERESY GRAFTED to: enter u on State hi hwa ri tit-of way of KER-99 at PM 22.E ~ tnorth side of the Wilson Raad 0. C. 50-250} to place trafriclpedestrian P 9 Y 9 controfi, and install approximately 250' of ~ 9 AWG ~fipair) traffic signal interconnect within an existing 2" PVC conduit that is placed through an existing utility duct located underneath the sidewalk on the .northern side of the 0. C.) to connect City of Bakersfield .facilities located on each side of the~KER-99 Wilson Road 0'. C. . NOTICE PRIOR TO CONI~IENCEMENT OF 1NORK: PERMITTEE SHALL NOTIFY CALTRANS FIELD INSPECTOR TWO ~2) 1NORKING DAYS PRIOR TC~ STARTING WORK WITHIN STATE RIGHT-OF-WAY. NOTIFY CALTRANS FIELD REPRESENTATIVE ZACt~YALORA AT fi69-395-2576. ~AD'DITIONAL CONTRACTOR RESPONSIBILITY SEE PAGE TVIlO). ADDITIONAL NOTIFICATION: NOTIFY CALTRANS ELECTRICAL SUPERVISOR CLIFF TFRRYAT fi6~-395-2595 five t5} working days prior to initial start of work. The followin attachments are also included as part of this permit ~ In addition to fee, the permittee will be billed 9 Check applicable): ~ actual costs for. Yes ~ No General Provisions ~ ~ Yes ~ N4 Review ® ❑ . Yes No UtiErry Maintenance Provisions ~ Yes ®No Inspection Yes N~ Special Provisions ~ ®Yes ❑ No Field UUork YeS ~ Nv A Cal-OSHA permit required prior to beginning work; # if an excavation exceeds 5 ft. in depth. (!f any Cat~rans effort expended . Np The information in the environmental documentation has been reviewed and is considered prior to approval of this Yes . rm~t. This permit is void unless tt~ irk is complete before JUNE 29, 2001 . This permit is to be strictly construed and no other work other than speciftcally mentioned is hereby authorized. Na ro ect work shall be cornrnenced until all other necessa ermits and environmental clearances have been obtained. abh (4) - APPROVED: cc: D0, RAS, STM ~2), C. Tent' (So. Region Electrical), R1V11 Utility Bart Bohn, Director, Distric# 6 -Central Re ion Attach: TR-0163, T-11, TA 5-fi, K-29, Permittee's Drawing, BY: Lane Closure Data Reporting dorm } { + 1 ~ Kevin L. Brodie, Chief Permit Branch FM 91 1436 U I of 5 Ofi00-~1UB-0953 City of Bakersfield ~ ~ . December 2fi, 240 TRAFI'IC CONTROL AND PUBLIC SAFETY work re uirin traffic control shall be conducted between 9:00 AM and 3:00 PM or as otherwise authorized q 9 by the discretion of the Galtran's ,Field Representative except as follows: • NO UVORK SHALL 8E CONDUCTED WITHIN THE STATE HIGHWAY RIGHT-OF-VI1AY DURING INCLEMENT WEATHER CONDITIONS OR WHEN VISIBILITY IS LESS THAN 305 METERS X1,000 FT.} Whenever there is work within six feet of a traffic lane, the permittee shall close the lane by placing appropriate advance signs, flag trees, reflective cones and furnish all necessary safety devices including: flagmen, flashing arrow boards, and changeable message signs to properly .protect and direct highway traffic. Traffic control and construction zone s~gn~ng shall be performed in accordance with the appt~cabie Caitrans Standard Plans for traffic control {see attached} or as approved by and under the direction of the Caitrans Inspector The full width of the traveled wa shall be open far use by public traffic on Saturdays, Sundays and designated legal y holidays, after 3:00 PM on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress. Desi Hated fe al hol~da s are: January 1st, the. third Monday in January, the third Monday in February, the last 9 9 Y Monday in May, July nth, the first Monday in September, the second Monday in October, November 11th, Thanksgiving Day and the day after and December 25th. When a designated holiday fails on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a designated legal holiday. . When traffic cones or delineators are used to delineate a ~temparary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the permittee shall not reduce the width. of an existing lane to less than 3.3 meters X11 feet}without the written approval of the State Inspector. Sus ended loads or equipment shall not be moved nor positioned over the public traffic or pedestrians. p Irian Access: Unobstructed access shall be provided continuously to pedes#rians. I~hen the work area Pedes encroaches upon a sidewalk, walkway, or crosswalk area,. special consideration .must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning -and guidance devices. ,and signs must be utilized so that the passageway for pedestrians, especially the blind and other physically .handicapped, is safe .and well defined. sidential and Business Access: Unobstructed access shall be provided continuously to .local- residential and R.~.. commercial driveways and other residential and commercial access points. Whenever necessary, trenches and excavations shall be bridged to permit an unobstructed flow of traffic. Steel plate bridging shall conform to the attached Steel Plate Provisions {K 29}. . eelPlate Provisions: Steel laces shall conform to the attached Steel Plate Provisions ~K-29}. Prior to St. P commencement of wodc, the contractor shall obtain approval for any span larger than 1.6 m (5.35 ft.} from the Caitrans En ineer or Iris ector. The Permittee shall be responsible for the maintenance of the steel plates, shoring, .and asphalt 9 p concrete ramps. EXISTING FACILITIES Existin im rovements shall be rotected or relocated as required by .the work authorized by this permit. If existing 9 p p improvements are damaged or their operation impaired by this work, they shall be replaced or restored to the satisfaction of the Caitrans representative. Such work shall be done immediately if requested by the Caitrans representative. IT SHALL BE THE PERMITTEE'S RESPQNSIBILITY TO FULLY INVESTIGATE THE PROPOSED wORK AREA FOR POSSIBLE CONFLICTS WITH EXISTING UTILITIES AND FACILITIES, INCLUDING BUT NOT LIMITED TO SEUVERS, ELECTRICAL CONDUCTORS, GAS LINES, WATER PIPES AND TRAFFIC SIGNAL FACILITIES, THE PERMITTEE AGREES To ACCEPT ALL LIABILITY FOR DAMAGES DONE TO EXISTING FACILITIES CAUSED BY THE WORK AUTHORISED BY THIS PERMIT. of 5 0600-NUB-095~ City of Bakersfield December 2fi, 2~OOa Rama es: Any damages to private ar public facilities shall be immediately reported to the Caltrans inspector or Permit Engineer and repaired ar replaced to Caltrans Standards andlor then facility owner requirement, at the ex ense of the Permittee. The Permittee shall be responsible far locating and protecting all underground fac~l~t~es P that ma be in the work areas. Before any excavation, the permittee shall call ~lSA UNDERGROUND ALERT Ph:1- Y goo-g42-2444. CALTRANS DOES NOT SUBSCRIBE TO USA UNDERGROUND. SIGNAL DETECTION~.lGHTING FACILITIES SHALL BE REPLACED IN KIND BY A t.1CENSED ANY DAMAGE TO ELECTRICIAN 1NITHIN 24 HOURS OF DAMAGE. SPLICING OF DAMAGED FACILITIES wILL NOT BE ALLOWED. Coordination with Others: In the event there is construction work or maintenance work within the permitted area, the Permittee shall coordinate work with the appropriate agency. . i ! Gom liance: Permittee shall provide a Certifcation of Compliance for all material used in the State right- Mater a p of--way including asphalt concrete. . lndemnifcation of State: The State of California and its officers and employees shall not be liable for any death, in~u or roe damage .claims which arise from any activities which are the subject of this encroachment permit ~ rY P P ~y that mi ht have been reasonably prevented by the Permittee or those persons employed by ar acting in behalf of the 9 Permittee. If any claim arises out of the foregoing, the Permittee shall defend, indemnify and save harmless the State of California and its officers and employees from same. ure Hi hwa !rn rovement in Conflict with Permittee's Facili : In the event of future highway improvements or Fut g V p maintenance along KER199, Permittee will be respons~bie far and bear all costs of the relocation or removal of any or all of this permitted facility. onsible for the develo meat and implementation of a State approved Storm U1later Pollution Prevention Perrn~ttee ~s resp p Plan. WATER POLLUTION CONTROL: Water pollution control work shall conform to the requirements in the STORM Construction Permittee's Guide and Specifications of the Caltrans Storrs Water Quality Handbooks, dated April 1997,- and an recent addenda or updates. Copies of the Handbook may be obtained from the Department of Transportation, y -IUlaterial Operations Branch, Publications Distribution Unit, 1900 Rayai Oaks Dave, Sacramento, California 95815, Telephone: X91 fi} 445-3520. . The Permittee shall became full informed of, and comply with, the applicable provisions of,the Handbook and Federal, State and local regulations that govern the Permittee's operations and storm water discharges from both. the project site and areas of disturbances outside the project limits during construction.. ee shall be res onsible for the costs and any liability imposed by law as a result of the Permittee's failure to The Perm ~tt p corn 1 with the re uirements set forth in this section uWater Pollution Control" including, but, not limited to, compliance Py q with the applicable provisions of the Handbook and Federal, State and local regulations. For the purposes of the ara raph, costs and liabilities include, but are not limited, to fines, penalties and damages whether assessed against p 9 the State or the Permittee, including those levied under the Federal Clean Water Act and the State Porter Cologne water Quality Act. shall be res onsible throu hout the duration of the project for installing, constructing, inspecting and The Pemn~ttee p 9 .maintaining the control measures included the Water Pollution Control Program ~1NPCP} and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Caltrans Re resentative or specified in these special provisions, the Permittee's responsibility for WPCP implementation shall p continue throughout any temporary suspension of work ordered in accordance with Section 8-1.05, "Temporary Suspension of Work", of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the Handbook and these special provisions. Notice of Com letion: Immediately following completion of the work permitted herein, the Permittee shall fill out and mail the Notice of Completion attached to. this permit. ~ of K . ~J STATE. 4F CALIFORNIA, DEPARTMENT OF TRANSPORTATION Specif cations for traff c control systems. These General Provisions ENCROACHI~'iENT PERIIIIT GENERAL PRA iIONS ant not intended to it -upon the permittee, by third parties, any TR-0045 (R£V.10198) duty or standard of c. grater than or different from, as~ required . by taw. 1. AUTH+DRITY: The Dcparxmnnt's authority to issue encroachrncnt permits is provided under, Diw. 1, Chpt. 3, Art. 1, Sect. 5b0 to 73d of 15. , NIINi1~~iUM INTERFERENCE WITH TRAFFIC: Permittce shall the Streets and Highways Code.. Sian and conduct work so as to create the least possible ~ inconvenience to the traveling public; traffic ahali not be 2. REVOCATION: Encroachrrreent permits arc revocable on fi~•e days unreasonably delayed. On conventional highways, permitter shall notice unless otherwise shed on the permit and except as provided dace properly attired flagger(s) to stop or warn the traveling public by law for public corporations, franchise holders, and utit~ties. These rn compliance with the Manual of Traffic ContraIs and lnswctions to General Provisions and the .Encroachment Permit Utility Pro~•isions Flappers Pamphlet. " are subject to modif cation or abrogation at any time. Permittees' joint use agreements. franchise rights, reserved. rights ar any other lb. STORAGE OF EQUIPMEN'T' AND MATERIALS: Equipment and agreements for operating p~poses rn State highway tight of way are material storage in State right of way shall comply vv~th Standard exceptions to this nvocauon. Specifgtions, Standard Plans, and Special Provisions. Whenever the ptrnuttce piaoes an obstacle within 3.b3 m {12`} feet of the traveled 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit way, the permittee shall place temporary railing (Type K}. fees when due can rcsnlt in rtjaxion of future applications and denial of ptrruits. 17. CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility m 4. ASSIGNMENT': No party other than the pernvttee ar permittee's compliance with the Standard Specifications, Standard Plans andlor authorized agent is allowed ~ urork under this permit. as directed by the Ikparurtcnt's trpresentativc. S. ACCEPTAIrCT: OF PROYISIONS: Permitter understands and 18. RESTORATION AND REPAIRS IN RIGT3T OF WAY: Pcrmittee agrees to accept these Gerscral Provisions and all attachments to this is responsible for tatoration and repair of State highway right of pcrcnit, far any work to be p+crfornted render this permit. way resulting tram permitted wank (State Streets and Highways Code, Sections 610 et. seq.). BEGTNNTNG OF WORK; When traffic is not impacted {see Number 3S}, the permittce shall. notify the Department's 19. RIGHT OF WAY CLEAN UP: Upon completion of work, representative, two (2} days before the intent to start permitted pzrmittee shall remove -and dispose of all scraps, brush, timber, - work. Permitter shall n~if~r Department s Regrescntattvc~ tf the materials, etc, off the right of way. The aesthetics of the highway work. is to be intesruptcd fur a period of five (5) days or more, unless shall be as it was before work started. otherwise agreed upon. AR work shall be performed on weekdays . .during regular work hours, excluding hobdays, unless otherwise 20. COST OF WORK: Unless stated ip the permit, or a separate written specified in this permit. agreement, the permittee shall bear all costs incurred for work within the State right of way and waives all claims for 7. STANDARDS OF COI'RUCTION: All work performed v~•ithin ~ indemnification or contribution from the State. highway .right of way shall t~onforn m recogniud conswctian standards and current Ocpartment Standard Specifications, Il. AC'T'UAL COST BILLING: When specified in the permit, the Department Standard Plans High and Law Risk Facility . Department will bill the permittce actual costs at the currently set Specifications, and Utility Special Provisions. Where reference is haurty rate for cnemachmcnt permits. made to "Contractor and F.ngrneer," these an amended to be readas "Permittee and Departmcut rcpresentanve. 22 AS-BUILT PLANS: When ttquirtd, permittee shall submit one (1) set of as•built plans rn compliancx with Department s requirements. 3. ~ PLAH C'HA1tiGES: Chn tD plans, specifcations, and permit Plans shall be submitted within thirty (30) days after completion and provisions arc not allowaa ~vitlaut prior. "approval from the Stair approval of work. representati~•e. . As-Built plans or accompanying correspondeace shall not include . 9. IIVSPECTIO` AND A.P`1'ROYALs All work is subject to disclaimer statements of any kind. Such statements shall constitute monitoring and inspection. Upon completion of work, pertnittee shall - non-compliance with these provisions, Failure to provide complete request a final inspection for acceptance and approval by .the and signed As Built plans shall because for bond or deposit retention Department. The local agency pcrmittee shall not give final by the Department. construction approval t4 hs t~ntractor -until final acceptance and approval by .the Departn~t is obtained. ?3. PERIVIITS FOR RECORD PURPOSES ONLY: When work in the right. of way is within an area under a Joint Usc Agreement (JUA} or 10. PER14ilT AT WORICSI'~'E: Pernuttee shalt leap the permit a Consent to Common Use Agreement (CCUA}, a fee exempt permit package or a copy thereof, at the work site and show it upon request is issued to the perrnittee far the purpose of providing a notice and . to any Dcpartmrnt rcpntitative or law enforcement off ter. if the record of work. ,The Pnrnuttee's prior rights shall be preserved permit package is not kept and made available at ~ work site, the without the intention of creating new or different tights or work shall, be suspended. obligations.. "Notice and Record Purposes Only" shall be stamped across the fact of the, permit. Il. CONFLICTTIti~ ENCR(1~hC'IIMENTS: Perrnittct shall yield start of work to ongaiag, prior au~oriud, work adjacent to or within the 24: BtJNDiNG: The permittee shall fill bond(s), in ~ advance, in the limits of the project site.' existing encroachments conflict with amount set by the Department. Failure to maintain bond(s) in full new work, the permittee slralI bear all cost f~ rearrangements, force and effect will result in the Department stopping of all work (c.g.> arocation, alteratiar+, ~rrtoval, etc.).. and revoking ....permit(s). Bonds are not ttiquiced of public corporations or privately ownai utilities, unless. permitter failed to 12. PERMITS FROM OTHER AGENCIES: This permit is invalidated comply with the provision and conditions under a pnor permit. The if the permittce has eat obtained all pernnits naxssary and required ,surety. company is responsible for any latent defects as provided in by law, from the Public Utilities Commission of the Stott of California Code of Civil Procedures, Section 337.1 S. Local agency California (PI,iC), Caiifi~rnia Occupational Safety and -Health premiere shall comply with requirements established as follows: In Administration (CaI.OSHA3, or any other public ~agcncy having Rcognition that project construction work dons on State property will jurisdiction. not be directly funded and paid by Stott, for the ,purpose of protecting stop nouce claimants and the rnttrrsts of State rdativc to 1,3. PEDESTRIA:1 AND 1IICYCLISf SAFETY: A safe minimum successful project completion, the local agency pernuttee agrees ro passageway of I.21 meter shall be maintained through the work t+equire the conswction contractor furnish both a payment and area at exrstin~ pedestrian or bicycle facilities . At no time shall ~ performance bond in ~ local agency's name with both bonds pedestrians be ~ivertcd ~a a portion of the street used for vehicular complying with the t~equircments set forth in Section 3- I.02 of ~ State's traffic. At laauons where safe alternate passageways cannot be current Standard Specifications before performing any project pra~~ided, appropriate signs and barricades shall be installed at the conswction work. The local agency pernuttee shall defend, limits of concwction and in advance of the limits of construction at indemnify, and hold. harmless the State, its officers and empbyecs the nearest crosswalk mr intersection to detour pedestrians to from all .project eonstrutxion related claims by contractors and ail facilities acrocc the strca. ~ stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's sas~sfaction, any 14. PUBLIC TR~IFFIC CONTROL: As required by taw, the perrnittee latent defects occurring as a result of the project construction work. shall provide traffic cxrntrdl protection warning signs, h'ghts, safety devices, etc.,. and twice all other measures necessary for traveling 15. FUTURE MOVIIVG OF INSTALLATIONS: Pcrmiaee understands public's safet~~. Day acrd night time lane closures shall comply with and agrees to rearrange a permitted installation upon request by the the Manuals of Traffic Controls, Standard Plans, and Standard Ikpartmcnt, for State construction, tecanstructian, or maintenance Imp, .ter : - STAT£ OF CALIFORNIA • T 1RTMENT OF TRANSPORTATION . ~l~CROAC~MEI~T °~~r~.RM~T DNDERGROU~D tIT~LITY 1~~.~~I SONS TR - oI b3 t R ev. 8198) UGI_ CROSSING ROADWAY BY BORING AND JACKING order to f`il! an ti~oid OR FUNNELING. y s caused by the ~'~'ork covered under this permit. 1~he ir1crements for grout holes Pipes shall normally be bored and jacked car tunneled rns~de she pike shall be 2.43 m staggered and d underneath pavement ufithout disturbing same. Pavement or located 22- l~2 degrees from vertical axis of the roadway shall not be cut unless speci~jcally allowed by the easing. Pressure Steal) not exceed 3.47 kPa t5 psig} permit. Service pipes wit) not be permitted inside of for a duratic>n sufficient to #ill all ~~oids. cuh~erts used as drainage structures. Schedule o! contractor's work hours shall be submitted prior to the start of work. F~ The inst3ilation of multiple casings shall be installed with a minimum of 1-112 diary}eters The Department allows the installation of uncased high- clearance between casings, but not less than X5.72 pressure natural gas pipeline crossings under specific cm ()8"}. The clearance between casings ,crossing circurrrstances (see Encroachment Permit Manual, Appendix freeways Shall be two (2} diameters minimum, but not H } less than b0.9b cm (24"}. All bores shall be accomplished by the d -boFe method. G. Thecasings placed within freeway right-of-way shall ~ extend to the access control Lines. Other methods of boring are prohibited unless specifically . approved by the Department's engineer. Bentonite may be used as a lubricant only. Wing cutters, i~ used, shall be a maximum of 2.54 cm (1 larger than the casing. Voids caused by the use of - .Casing shall be a steel conduit with a nurvmum inside wing Darters shall be grouted in accordance with "E" diameter sufSiciently larger than the outside diameter of the above. pike ar ducts to accommodate placement and removal. The casing can be either new or used Steel pipe, or any other l- A band welded to the leading edge of the casing . approved connector system. Used pipe, shall be approved ~ .Should be placed square to the alignment. The band by the Department's engineer or representative before- should not be placed on the bottom edge. Flaring the installation. lead section on bores over .30.4$ m (l00'} shall not be permitted. CasinPS; ~ . All casing lengths shall equal to the auger length. A. Alt pipes ]5.24 cm {b") or larger in diameter shall be _ K. The casings within conventional highways shall - placed within a steel casing. Installation of multiple extend pipes or ducts, regardless. of diameters, shall require a 1.52 m (S~ beyond the back of curb or sietl casing. pavement, or to the nght of way line if less. Where - - PCC crass-gutter exists, .the casing shalt extend at B. Minimum wall thickness. for steel i - .casin for least 1.S2 m (S'} beyond the back of ..the cross-gutter, p ~ g or to the right of way line if less. different sized pipes are as follows: . Bare pit and receiving pit normally shalt be: Minimum Wall Thickness . A. Located at least 3.04 m { 1 Q'} or mare from the edge of • Casjng Pipe Up to 46 rn (Length) over 46 m (Length). avement on conventional hi hwa s i a ar (Diameter} P g y n cur 1 eas. - . 15.24 cm to 71.12 cm .0.63 crn - p.63 cm B. Located. ,l a2 in (5~ behind ~ the concrete .curb or AC (6" to 28"} {ll4" I/4" dike on conventional highways in urban areas. ( ) 76.2 cm to .96.52 cm 0.95 cm I.Z? cm Located 1.52 m S outside. the toe of. slo of { ~ { Ind embankment areas. lQl .6 cm to 152.4 cm ].2? crn 1.9 cm E4Q" to (1I2"} (3I4"~ D- Located outside freeway right of way. 157.48 cni, to l $2.$8 cm 1.9 cm 1.9 cm ~ . . (62" to 72»} 3!4 E. Adequately fenced andlorhave aType-K barrier plaee~ E (3l4"~ around them. C. Spiral welded casing is authorized provided the ~ F. Adequately shored in accordance with -Cal-OSHA casing is new and-the weld is smooth. requ1rements. Shoring far hacking and receiving pits - ~ ~ ~ ~ ~ located within 4.51 m (1ST of traffic Lanes on a State D- The ,.ends of the casing shall be plugged with highway shall not extend more than 91.44 cm (3b") • ungrouted bricks or other suitable material approved abOV~ the pavement Bade unless otherwise by Department's' representative. authorized by Department`s representative. Reflectors shall be affixed to the shoring on .the sides E• When required by the Department's representative, facing traffic. A I.$2 m (6'} chain link fence shall be. - the permittee shall at his expense, pressure grout the installed around the perimeter of the pets dunng non- area between the pavement and the casing ~`rom working hours. Within the casing andlor from the top of pavement i n ~1 ~o~~ ~ t..,~ ' UG1o DAt~tAGE ?G ~ ~tEE ROf?TS: lf, at th, .ld of the wanking day, b3ckfilli n` operairons have not been properly completed_ steel bridg;t~n . required to make the entire hi hwa facilit r ~ halt be No tree roots over 7.62 cm (3"} will be gut within the tree g y y available to the drip Line .when trenching or other underground work is traveling public. ~ The pavement shill be cold depth equal to the thickness to the plating and to paned to a necessary adjacent to roadside trees. The roots that are 7.62 ~ a width and cm (3"} or more in diameter inside the tree clri line shall be length equal to the plating dirrzensions. tunneled under anti wrapped in burla and k Pt moist until ? A p tG17. PA~YEn1ENT RE~1pvt1L: the trench is refilled. Trenching machines may not be used under trees if the trunk or limbs will be damaged by their ACC pavement to ~e removed shall s use. be ~aw Ct3t at a minimum depth of 10.16 cm (4"} to provide a neat and straight pavement break along bath sides of the trench. AC If She trees imfolti~ed are close together and os such size that pavement shall be saw cut to thF rt is impractical to protect ail roots over 7.b2 cm (3") i n full depth. diameter, or when roots are Less than lQ.l6 cm (4") in ~'Vhere the edge of the-trench i w' diameter, outside tree drip line, special arrangements may be existing curb and utter or s rthtn. O.bO m of made whereby pruning of the tree tops to balance the root concrete avement betwe pavement edgy' the asphalt loss can be done by the perrnittee under the close avement Fd a en the trench and the curb or A g shad be removed. supervision of the District Landscape Specialist or District Tree h~aintenanee Supervisor. Manholes shall not be UGI&- 1~lA1NTAIN ACCESS: installed within 6.0~ m (20'} of any trunk. 1'~here facilities exist, a minimum sidewalk and bike ath UGI3. PIPES ALONG ROADWAY: width of 1.21 m 4' must p be maintasned at all times for safe Pipes and conduits para11e1itt the avement shall be Iocat passage through the work area. g p ed as shown on the plans or located outside of pavement as UG»• SIDES OF OPEN-CUT TREN close as possible to .the right-off way line. Sides of open-cut trenches in paved areas shall be ke t as UGl2. BORRUW AND WASTE: p nearly vertical as possible. Trenches shall not be more the O.6Q m ~2') wider than the outside diameter of the i to be Borrow and .waste. will be allowed within the work lirni is Iaid therein, p ~ ..plus the necessary width to accommodate only as specif}ed in the permit. shoring. UG~3. MARKERS: UG24. EXCAVATION UNDER FACILITIES: The permittee shall not place any markers which create a ~ here it is necessary to excavate under existing curb and safety hazard for the traveling public or Departmental gutter, or under round fa employees. $ ctht~es, the void shall be backfiUed • with two ~2) sack cement-sand scurry. UGI4. CATHODIC PROTECTION: UG2l. PERMANENT REPAIRS TO FCC PAVEMENT: The permittee shall perform stray current interference tests Repairs to PCC pavement shall be made of Portland Cement on underground utilities under cathodic- protection. The Concrete containin a minimu permittee snail notify the Department prior to the tests.. The sack} of cement ~ ~ m °f 298.46 kg (658 Ibs or 7 perrnrttee shall perform. any necessary corrective measures pCC av ~ Q-gl cubic meter (cubic- yard). Replaced and advise the Department. p ement. shall equal existing pavement thickness. The concrete shad be satisfactorily cured and protected from 'U~1S. 77If-BACKS: disturbance for not less than ~ forty-eight. (48~ hours. hVhere . necessary to open the area to traffic, no more than two ~2%) A. Tie-backs shall be placed for tie sole purpose of percent by weight of calcium chloride may be added to the ~ . supporting shoring and/or .soldier piles placed rni~ and the road opened to traffic-after six {fi}hours. outside State highway rights-of--way to facilitate UG22. REMOVAL OFPCCSIDE'W . permittee's excavation. ALKS OR CURBS: . Concrete sidewalks or curbs shall be saw cut to the nearest- :Tie-backs shall be disconnected from the shoring score marks a and/or soldier piles one EI) year prior to releasin the wit ~ replaced equal in dsmensron to that removed bond. $ h score marks matching existing sidewalk or curb. vG~~. ~vs~rAY.LAa~oN BY op t~Gr.;. sports: .EN c~rrMa~xon: ~Iten the t;mit out No earth or construction materials are to be dra ed or pe horszes installation by the .open cut scraped across the highwa avement and ~ v ted method, no more than one lane of the highway pavement earth shall be la y p ~ exca a shall be open•cut at any one time, Any exceptions shall be it can p or allowed to remain at a location where an writing by the Department's re resentative. ~ After t ~ tracked on the highway traveled way, or any public P he or private approach by the permittee's construction PjPe is .placed in the open section, the trench is to be a ui nien or b backfillcd in accordance with specifications, tem ra traveled w y traff c entersng or leaving the highway i~epalrs to the surfacing and that ion o ned ~ ay. Any excavated earth or mud so tracked onto port pe o the. highway pavement or public or private a roach shall traffic before the pavement is cut for the next section, be immediate) Pp y removed by the permrttee. ~~u~ ~ 3 . ~9 STD. 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CDt to mar ~ ° t.-,n °°`v ° W o0' v~o~ ~q~o }pot U'_'n Z _ t3 ~i v us . ~ ~ ...ellch 51Ima es1TA5-~6.' ~ htt .I~www.dot.c~ ov, 8o p ~ Jp~ ~PE~ image 41 ~x~60 p~~e~ p ~I ~ ~i~~t~~r~ ~~~r ~r~c ~~t ~~~~r ~~~r~~~~~~t w-~.t ra~i~3"~ 4t..~R,~. _ ~R,ar3~l'„4x.'1 F ~_Y'W >y' 'r~ f 1 ~Ly d4 s 4 ~ ,~s~~ta S M ~~~~~C~~~ t~" w 9 , ~ a, "a~' `ff `!'f rr. ~ ~~J ~ ? ~!f~ ! .k 1 $'Sl~r ~r s r ~ ` ~ S t++ ~ " ~ ` sue" ~ `n~ Tr~~~ Via. t~,~~~ „~y ~n~ Tyr E` r~~~ n 5 ~ ` f ~o~r~~n~►~~ . ` { E~ I j' b i3 l $ 1z8w~„ y ~ +~Y T7ccLL'~ ~av" aR~y ,~~t~ t>rfi''~ u'f - r tr t .~i~ .s: thin inn 3 1 -W7 A SfiEEL PLATE BRIDGING ASP) in addition to the attached General Provisions, the following special provisions are also agglicable: ~ , Effective July 1,199b, steel plate bridging installation shall confdrm to the following: Method 1 [For speeds more than 70 kmThr X45 mph)] The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. Method 2 [Far. speeds 70 km/hr X45 ~nph) or less] A roach late(s} and ending plate (if longitudinal placement) shall be attached to the roadway pP p by a minimum of 2 dowels pre-drilled into the corners of the plate and drilled 50 mm (2") into the pa i~ ~~ment. Subsequent plates are butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. when steel plates are removed, the dowel holes in the pavement shall be backfilled with either graded fines of asphalt concrete mix, concrete slurry or an a uivalent slurry satisfactory to the State's representative. q The contractor shall be responsible for maintenance of the sfeel plates, shoring, and asphalt concrete ramps. Unless s ec' 'call noted in the ermit's rovisions, steel~plate .bridging should not exceed 4 p p p consecutive working days in any given week. Backf filling of excavations shall be covered with a m~irumLUn 75 mm (3") temporary layer of cold asphalt concrete.. The f oliowin table shows the minimum thickness of steel. plate bridging required f or a given , g trench width: Trench 't~Vidth Minimum Plate Thickness _ 0.25 m X10"} 1.3 mm (1/2») 0.58 m (1'-11''} 19: mm (3/4„} 1.O rn (3'-5'} . _ 25 mm (1") . 1.6 m (5'_3„) 32 inm (11/4") Fors ins neater than 1.6 meters a structural desi shall be re ared b a California registered p g Sn p p y civil engineer and approved by the State. Steel late brill 'n shall be steel desi ell for H520-44 truck loadin er Caltrans Bridge Design p ~ g 8n g p Specifications 1Vlanual. The permittee shall maintain on the steel plate anon-skid surface Navin a minimum coefficient of friction equivalent to 0.35 as determined by California Test g . Method 342 (Encroachment Permits Manual Appendix H}. If a different test method.ls used, the ermittee ma utilize standard test laces with known coefficients of friction to correlate p Y p skid resistance results to California `Test N~ethod 342. These test plates are available from each Calfrans District Materials En ' eer. A 1Zough load sign (W33}, with black lettering on an orange background, maybe used in advance of steel late bridging. This sign is to be used along with any other required p construction signing. Rev. 4/97 k-29 Lane and shoulder closures shall conform to the applicable provisions in the "Manual of Traffic Controls for Construction and Maintenance Work Zones", dated 1996, and/or in the State of California Department of Transportation "Standard Plans" dated July 1999. FAX any and all intended shoulder or lane closure data to Caftrans District 6 TMC, via phone (559) 445-5990, using the attached Lane Closure Data Reporting Form. Notification of temporary lane closures or traffic detours shall be faxed WEEKLY into the District Traffic Man men Center (TMC), (559) 445-5990, telephone (5 9) 445-6166. Notification shall be submitted by 4:00 PM th prior to the proposed closure or detour, but in no case shall the notification be given less than 7. days prior to these events NO WORK SHALL BE ACCOMPLISHED ON, OVER OR -NEAR THE HIGHWAY TRAVELED WAYS OR SHOULDERS DURING INCLEMENT WEATHER CONDITIONS WITHOUT APPROVAL OF THE DISTRICT PERMIT ENGINEER, OR HIS REPRESENTATIVES. FAILURE TO PROPERLY PROVIDE TRAFFIC CONTROL IN ACCORDANCE WITH CALTRANS STANDARDS SHALL BE GROUNDS FOR REVOCATION OF THIS PERMIT. MING AVE. L~CATIflN ~F ENCROACHMENT A ~ Q J V1 ~ W W ~ Y Q Q ~ ILS❑N RD. o•C. ~ 5o-z5o - T!;«sa plans Nova bean uppr ved ~ncr ach ent Pzrmit N A!?y~nlu J/~ i W~ ^ W Z PLANZ RD. ~ A W Q' _ - ~ z W J Pal 3 WHITE LN. 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NOTES. ~ ;il t l I I r~t'- ;fll Iil Ili fi IiIfS'Ti1LL t~,C t~ (NQ 6) III1H DfTa11S~All~ 1 I I I I t f 1 I{ll Ill Ill ® >NSrAU BRaf : i I I i i 1 I I 1 {Ntr1 3~ MI1H FXTENSIRAhL I t i III ill t~avrxAC>~R tMtt FU~.S~1 AND NVSTA[L AlpaAf III III I i i (t~9'AL AENJbES ~ NVS1hKA11EN1'~y 11'QgEL i I 1 III I t I JN Ait G1owlNgLtt7P CAt~S► t I I I I l I l i Ilt i11 111 aau~lECr ~Vltl~iQIYII~CT ~ iii III StAE PAAE'r, NQ ~ lF>E GIQNTRQLLER r uJ uJ ~ ~ Rtrw ~ sv~cr t~ETAK. 1t7i!MlIGt 8C . t~ANIG NV acs ~ ~ SHiut ~ ~ ~ l~rx ~ Qarou►r at:rtlmv ~xr. Luc nbr ~ ~ ~r Q r.n' s~Au ~ air It11lD Putt t~s (~i n~ rDrAt ANaucAlr ate c~ aa~car e~rllm+r ~it~aes sHUC NDr ~ rep a~arl~ Q ~ caavn~AC~ ~or>~s ~,rltil ,,,w 3 ~aws~ucnaw a~A 11f1H A 111tW RA~Ap iUEF t~REIVr ADA ~ ~ ~ r~srAU ~w c~}ryoixr arD aQS~c pxr~ax r ~ ~ 3 f S TRUXIUN AVENUE SFlEE.D. CA 93301 CITY QR ~A KFRSFf FL D CAL tM N CT s~,~r TO HUGHES LANE) 1 OF 1 U~~~~ P~~~Fl~ R~AILRC~A~ C~N~P~~'Y Real Estate Department R. D. Uhrich J. L. Hawkins i' Assistant Vice President Director-Operations Support J. A. Anthony M. E. Heenan Director-Contracts Director-Administration & Budgets 0. D. Brown ~ D. H. Lightwine .Director-Beat Estate Director-Real Estate M. W. Casey T. K. Love General Director-Special Properties 1800 Famam Street Director-Real Estate P. Gade Omaha} Nebraska 88142 Oirector-Facility Management Fax: (402} 997-3601 January 24, 2001 Folder No: 1936-14 To the Contractor: Before the Railroad .Company can permit you to perform work on its right of way for the installation of a wireline crossing for CITY OF BAKERSFIELD, it will be necessary to complete the enclosed Contractor's Right of Entry Agreement as follows: 1. Fill. in the complete legal name of the contractor in the space provided on Page. 1 of the Contractor's fight of Entry Agreement. If a corporation, give .the state of incorporation. if a partnership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article vI, Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor. is a corporation, the person. signing on its behalf must .be an elected corporate officer. 4. Return allcopies of the Contractor's Right of Entry .Agreement, together with .your Certificate of Insurance, identifying Folder Na.1936-14, as required in Exhibit, B-1, in the attached self- addressed envelope. 5. Check, with Folder No. 1936-14 .written on the front, made payable to the Union Pacific Railroad Company in the amount of FICYE HUNDRED DQLLARS t$504.00}. If you require . ~ - formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad C+~mpany's correct Federal Taxpayer Identification Number and that Union Pacif c Railroad Company is doing business as a corporation. After approval of the Contractor's Right of Entry Agreement and the Insurance Certificate, . your fully-executed document will be returned to you, with instn~ctions to proceed. In no event should you begin work until you have received a copy of the signed Contractor's Right of Entry Agreement.. ~L ~&E ROE X0201 Form .Approved, A~'P ~.aw Folder Na: 193+6-14 CONTRACTOR'S RIGHT OF ENTRY AGREE~~ENT THIS AGREEMENT is made and entered into as of the day of ~ , 20 by and between IJIYION PACIFIC R~►ILROAD COMPANY, a Delaware corporation, thereinafter the `~tailroad"} .and , a corporationlpartnership, whose address is (hereinafter the "Contractor''}. RECITALS; The Cantractor has been employed by CITY OF BAKERSFIEIID for the purpose of construetin hereinafter "work"}~ only a underground traffic signal wireline crossing. on aid g~ across ro erty o~ the Railroad at or near Mile Past 3.12.91, Mojave Subdivision, near pp :Bakersfield, Kerr County, California. The Contra~ct~or has re nested the. Railroad to permit it to perform the work and Railroad q is a eeable thereto, subj ect to the following terms and conditions. AGREEMENT: . NO~V TFIEREFORE, it is mutually agreed by and bet~een the Railroad and Contractor, as follows: Article I. D~F~IITION OF CONTRACT(IR. For ses of this Agreement, a1~ references in this Agreement to the Contractor shall p include the Contrracctor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIG~IT GRANTED; PURPOSE, . The R.aiad hereby grants to the Contractor the right, during the term hereinafter stated and u on and s€~'eet to each and all of the terms, rovisions and conditions herein contained, to p ~ p enter u on and have in ess to and egress from the property described in the Recitals hereof and p ~ as shown on the shed print dated November 14, 2000, marked Exhibit "A", for the purpose of - erformin the work described in the Recitals above. The right herein granted to Contractor is p g . limited to Chase portions of the Railroad's property specifically described herein, or designated by .the Railroad repr~+er~tative named in Article V. B. Contractor warrants that ~ this Agreement has been thoroughly reviewed by its insurance a ent s roker s and that said agent{s}lbroker~s} has been instructed to .procure ~ ~ insurance coverage and an endorsement as required herein. C. All insurance corres ondence shall be directed to: Folder No.1936-14, Union Pacific . p Railroad +Co~npany, Real Estate Depar~nen#,1840 Farnam Street, amaha, Nebraska ~S 142. Article VIII. CHI~ICE ~F Ft~Rt~i. Litigation arising out of or connected with this... Agreement may be instituted aid maintained in the courts of the Slates. of Nebraska and California only, and the parties consent to 'urisdiction aver their ersan and over the subject matter of any such litigation, in those courts, J p and consent to service of process issued by such courts. ~ wTT:~E~S wHEREQF, the arties hereto, have .executed this Agreement in duplicate P as o~ the date hest herein written. UIYi(3N PACIFIC RAILROAD C011~PANY By Manager Contracts ~ . {Contractor Name} By Tine.: Telephone:. Faa~c: t, CT~'ILt'TIES X ~ E ROE 99070 Fam ApQwvo~ AVP-I,iw Section l . NOTICE OF ~Ilv~TCEMENT OF WORK • FLAGGING The Contta~ctor a uofiify the Railroad Representative at least 48 hca~rs in advance of Contractor ' 8 its work and at least 24 bolas isadvance of prapo~od ~rformance of any work by ~ Contractor in which aay person or equipment will be within ZS feet of any tn~ck, orwill be near eaaughto anytmcic~at any equipment exbeDS~i~ (suchas, but not limibod to, a crane boom) will reach to within 25 feel of aaytradc Uponrex~ipt of suchnotYt~ tbc~u~ad ~tative wdl determine and infonatbe Goritraetorwhetl~er a flagman Hood be p~aot and whether the Contractor need imptem~te~+'special protective or safexy . ffany flagmen ar other special protective or safetymea.~res m~ep~f xmad bythe Rail~roa~d, such se<vi,~will ~e ~ at Conttacto>'s ~ with the that if the Railroad p~~ ~Y g ~ other services the Co~racto9r shalt rmthe ~lieved of any of its respous~~ilities or liabilities set forth herein. Section 2. NO CE WITH RAILROA17s OPERATION. No workperfom~od~caor shall cause any interferencewith the coasteat, eontirnucx~s and uai~at~enupted use ofthe tradrsy, pity and facilities of the lrt~ui' .mad i~ees, licensees or others,unless specificallyp~~mit~ under #bus ag~emer~t, or s3x~ificallj'a~~h~ot~zod in sdv~mcx by the Railro~a~d Representative. Nothing shall be done or suffered to be done bythe at any time that would in any manner i~u'the safety thereof ~thett not in us+e~ tvontracto~s maihinety and noateriats shall be kept at least So feet from the c~~ aiRalr~'s nearest ~oradc, and #hete shall be no vehiwlar'+crossings of Railroad's tracks except at e~~S open Public crossings. Section 3. Iv~C~i~S LIENS. The Ca~ttactor is full all persons who perform labor or provide materials for ttbe work to be perfonm~od by Contractor. The Contzactorshallnot create, Pm'su~r anyn~echani~'s armat+erialmen's liens of anykind or na#une to be created or anypy of theRaifroad for any such . The ~;or shall iod~nifjr andhold harnnless~the Railroad from and against cony and all hitars, c}aims, d~ema~s, costs aofwhatsoeu~na~ue in aaywgy oa~mnoctod withac gmwin~ wt of such wok done, laborp~rfarm~od, otmateriels f~u~iished. se~~ pRaT~.rO~ ~F DER Orr~c cABLE s~sT~~s. a}. Fiber optic cable sus may be buried an the Railroad's p~rogerty. Protection of the fiber optic cable shstems is of extreme importance since any break could disrupt ~n~ice to users resulting is business interruption and loss of revenue and profits. shall telephone the Railroad at 1-goo-33G-9I93 #o +de~rmine if fiber optic cable is buried aayvvhere on the Railroad's premises to be used by the Contractor. ~f it is, Contrr wRl tel . die ~~cac»munic~tions ovmpany(ies) involved, a for a cable locator, make arrangements for relocation or other ~protectia~a of ~e fiber optic caall at Contractor's expense, andwill a no wok onthe right ofwayuntil all such p orreloca#ioa 1Jas bcea ~ i . _ v b}. Ia additi~antaotlieri~rd~anityp~ovisians m ~Ag~e~ the Co~actcx s~ltinrdeamify and hoidthcRa~+o~l hmm~~~n~d all cosh, liabilitya~nd expense.~oever (including; without limitation, attarn~eyi; foesy oaurt costs and e~~peases} arising out of any act or omission of the Contractot, its antra s andlor employees, that causes ar cxmtn~utes to (I} any damage to of destruction of any system onRailm®d's per, ~'or(2}any injury to sac death of ~nyPeason esnplayed by o~ oabebaif of ffiry t~lcatraas cx~peay, and/or its contractor, agents andla eaaploy+ees, on Radroad's property. Canttactor shall not have a seek recouise agamstRailroad for any clanm a cause of action for alleged Loss ofprofi#s or reven~we or loss of service or other. da®age t4 a telecomrntmic~tion eo9mpany using Ras property ~r a c~stomer,orusersesvices of the fiber optic cable onReilroad's property. Section 5. Ct3N~~L~NCE WTTH LAWS. with In the secutiort~~ewonc by this agrerment, the CantracCa shall secure any and all n~ypermits~d shall oomplY pm all applicable federal, a®d laws, rr;gnlations and anelcttneuts affec#ing the w+orlG The Contractrnr shall use only such m~hods as are coast wig safety, bothas~ the Contract~oc, the s agents a~ employees, the office'ts, agents, employees and prope~tyof the Railroad and the public inf. ~ Cow (without limitingthe genr~alityof~e foregoing} shall camplYwithall apphcable state and federal t~rcupationat and heal tads and r~rgulatians. AllFoderalRa~road 'on shall be followed wh+enwodcisp~~formod on ~a the R~silroad's . If a~r~e bythe Caabractar to eomplywi#h any such laws, ng~ions, sud shall result in any ~ pmahy, cast or charge being assessed, cased or charged aga~st the ~ th~eCantractar shall reimburse and in~Ythe Rar'Iroed far nay such fine, ~ ~ e, wi~out limitation atxomey~ fees, court costs and expea.~es. The Contractor fiather agrees inthc eat of any such a or to the Railroad. action, upon notice thereof behag provided by the Railroad, to defend such action free of cost, charg , e~~pense Paige I of 4 Exbu~t B il"~?fITT~ X 8~ E tt4E 99Q'101 F~a A~rovod, Ate'-Law Sec~ian 9. ~U'Ai~'R O~~IAC~i of the hreach of sny condition, coveiaant or herein ccmtained to be fit, obsc~d and perfanndd The waiver by the Rawl b the Contractor shall iano way lair the right of the Railroad to avail itself ofany remedy far any sub;sec~ent breach #hereof y Section 10. ASSIG1~rT - SU$CO~CTIl~TG ' sublet or snbcontxact this ement, or any interest therein, without the written oftl~ Railroad The shall notass~gn, and an to so assign, ~~vr sc~bcontiact without the written cc~sent of the Railroad shall be void. If the Railroad gives the Y ~t desai the Gong is and shall remain~ble far all w~c~c of ~~~to a1I orany~o[ticm of the and all w~ of snbccmnita~ctors sia~ be gov+~ated bythe terms of this r ,s .1 ~ ~ ~ 3 ~f4 F.~~B t, Y i a t • r~,~ ✓I, ~ S I ~fi~ _ y ~ ~ ~..~..~..m ,y~. t _ - i ~ _ i ~ i i t~S ' ' 5 ~ S ~ A ~ ~ ~ ,.Y.., ...r.~r ..........~..xu..ws..u. ~.nwrrww...-4..-..a+ ~......_...~ww w. fry-.+...~.... ........._..vwnaxzvnu~w~.x ~M~. mvM1.iV; L ~w.w.n:,~~y~ l ' ~ ~ { ~ ~ 2 i ~ : i ❑ f ~..r _ .~..N ....w ~ ~ ,w w. . ~4 i ~ i w w .v_ .w... _ _ . _ ~ ,u..-•• .w._V w .w w...... ~.w w ~ :.r. ..M E { ~ a. [['~°v k \ r _ ~ ~ i ~r N ~ o NOTES: p HSTAiL ~uu eou~ ~a. ~ ~ ~ p MsrAU PUl eax ~a ~ ~rn~ am~a~c „ p ahinrACraR ~ ~n ~h1STALL p ! et,~~s~r~ ~ra~o~a N A!L awr~au~ r. ~ ~ r~awacr w~raar~s ro Ae atoar r~-o aN SqE PAA~L MA 4 QF ~ G~11AQL[FR CA~h~E'T AT EAI~I FI1~? _ . aF ~ P~ w~ r~r~. ~wrvAC mars Nar ~osnr+~c w aca©e ~ s~+AU ~ suPrcm er n~ an: . p wu e~c~r uF r~a►t aEr~,v Pau ears on ~+u Mor ~ Sao ~r p dour ~ aE air ~ ~ aa~s ~ . PARAitEL T19 11hE D~'A~ ,S'M,~ (I'dAR1I~VTAf,~ . p ~ rnrAC AMaawR e®wcr ~ aa~or~rr v ~ Pratcea~s ~ Mares rao ox p ~ cavnwAC~ar~ ,~o~s c HANgICAP RAAfP a~vc ca~sn~racnoow o~iinra~ ~ RA~uw s~uu ~ ~AC~n war ~ ~r,4A~w c err AQA sPEa~rcAna~ p ® NIISTAt1. ~w aa~aut ~nrvc Pvcceaac TRUXIUN AVgVUE SFlELD, CA 93301 C~ T Y 0~ A ~C~RS~I~L D ~A ~~'tcx~~~' ~EfT nro. TO NiLES STREET) ~ OF 1 yl I9 .1 SECTION l - Ct~NSTRUCT10iU UETAII_S SECTION 7-1 GENERAL 7-1.131 RELATIONS wiTH RAILROAD C+0141PANY. The City has been issued a permit far wank within the Railroad Right of ~U'ay. 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 shalt be responsible for payment to the Railroad for permit, inspection services and insurance 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. 7-1.02 RELATIONS wlTi~ T1iE STATE OF CALIFORNIA. The City has been issued a permit for work within the State Highway right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name.. Any subcontractors which will do work within the State Highway right of way must be listed an the Contractor's permit or they will be requires to obtain their own permit. The Contractor shall comply with all the provisions of said permit. PAYMENT. Full compensation far conforming to the requirements of this article shall be considered as included in the prices paid f©r various items of work and no additional compensation will be, allowed therefor. 7-1.03 OBSTRUCTIONS. Attention is directed to Sections 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans,. and the special provisions. The Contractor will 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 of ,~►rticle 7-1.11,."Preservation of Property," and 7-1.1?, "Respansibiiiry~ for Damage," of the Standard Specifications, the Contractor will 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 impravements within the construction ,area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. ether forces may be eng►aQed in moving or removing utility facilities or other impravements . 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 wank 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 t~rith such delays may be allowed... Prior to commencetne~t of any -phase of construction involving landscaping or irrigation systems, the Contractor shall contact the City Parks Division at 32b-3117 for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities. Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines andlor wiring and replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation interruption. Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Due care shall be taken to minimize damage to existing stamped concrete. The Contractor shaIl be responsible for repairing damaged areas. Where pullboxes are installed within stamped concrete areas Contractor. shall insure a neat sawcut or in-kind replacement of stamped concrete area bounding the pullbox. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and; any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. . 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 prices paid for the various items of ~vork and no additional compensation ~vill be made therefor. C-1 placement of additional lifts. Temporary delineation shall then be replaced. Temporary delineation shall be placed in line with the new or existing striping alignment or as directed by the Engineer. All delineation or markings shall be replaced in-kind by the Contractor. b PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor. 7-LOG EXISTING HIGHV~AY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such suns and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway suns and street markers shall be placed in their permanent position bar the Contractor's farces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYIVrENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional .compensation will be allowed therefor. ~-i,07 SAWCUT ASPHALT CUNCRETE PAVEMENT. Where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. 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 >1y the Contractor by additional cutting prior to the start of paving . operations. ~'AYMENT. 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. - a-1.48 REIYIflVE Ct11~1CRETE. Removing concrete shall conform to the provisions in Section 15, "Existing Highway Facilities", Section 16, "'Clearing and Grubbing", and. Section 19-1.~4, "Removal and Disposal of Buried Man-Made (3bjects", 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 fox 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 ~refar. 7-1.09 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 1b, "Clearing ~d Grubbing", of the Standard Specifications and these special provisions. . Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional compensation will be allowed therefor.. ~-1.14 DUST CONTROL. Dust control shall conform to the provisions in Section 14, "Dust Control", of the standard - Specifications and these special provisions. It shall be the Contractor's responsibility to prevent a dust nuisance from - oriQinatin~ from the site of the work as a result of his operations, or the traveling public, during the effective period of this tr V V 4 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. C-3 Pilot bores are to be maintained within a window of one toot, up and down, of the centerline of the props}sed bore path with a minimum depth of cover of .915 m (3 v~ G. Pavement sections that buckle or heave 2 cm (3f4"}or more must be saw cut and replaced in kind as required by City of Bakersfield Engineer. Concrete sidewalk sections, median islands, above ground utilities, pull boxes that buckle or heave must be saw cut andlor replaced in kind. Sidewalk andfor curb and gutter must r be replaced to the nearest undamaged section. H. Traffic control for receiver operator shall be discussed at the pre job meeting if necessary. I. Contractor shall mark and provide to the inspector a set of plans containing the following information: 1. Location of entry and exit point. 2. Radius of curvature. 3. Depth of coverage at 10' intervals. '~-1.12A.1 DIRECTIONAL DRILLING PIT AND RECEDING PIT SHALL BE: A. Located at least 3.05 m (10'} from edge of pavement on conventional highways in rural areas for perpendicular crossings. B. Located at least 1.52 m (5~behind concrete curb or AC dike on conventional highways in urban areas for perpendicular crossings or on concrete sidewalk far longitudinal installation. C. Located at least 1.52 m (5'} outside toe of slope in embanlanent areas. . D. Directional baring and receiving pits deeper than five feet shall be in compliance with CAL-OSHA requirements. Shoring and bracing for pits located within 4.57.m (15'}of traffic lanes on the City highway shall not extend more than 1.0 m (3h")above pavement grade unless otherwise authorized by the City s inspector. 7-1.12A.2 EKCAVATIDN AND BACKI~ ILL: Excavation and backfiil not specifically covered by these provisions shall be governed by applicable provisions of Sectionl9 "Earthwork" of Caltrans Standard Specifications dated July 1995. Prior to placing successive structural layers, each layer shall be Graded and compacted, and shall: meet the grading tolerance specified by the appropriate provision of Caltrans, Standard Specifications, dated July 1995. Na excavation shall be left open after working hours. At -.the end of each working day if any excavation that leaves a drop off of more than 0. i 5' in depth within 12' of -the edge of pavement shall be sloped at a maximum 4:1, backfilled or covered with a steel plate at the end of each work day. Steel plates shall be of sufficient thickness. to support legal truck traffic.. 7-1.12A.3 DAIVIAGES:. , Any damages to private or public facilities shall be immediately reported to City of Bakersfield inspector and repaired or replaced to City of Bakersfield Standards or facility owner requirements, at the expense of the Contractor. The Contractor shall be responsible for locating and protecting all underground facilities that may be in the work areas. Before any excavation, the Contractor shall call USA UNDERGROUND ALERT Ph:1-800-22'~-2G00. 7-1.13. CI3NDUIT. Conduit shall conform to the provisions in Section 8b-2.05, "Conduit," of the Standard Sped cations. and these special provisions. Conduit shall be PVC Schedule 40 of Standard Iron Pipe Sizes or Schedule 40 HOPE conduit. High density polyethylene conduit (HOPE} shall comply with the following specifications: 1 _ -Conduit. shall be fabricated from polyethylene and shall be in conformance with NENIA standards and Article 347 of the National Electrical Code. Non-black polyethylene conduit shall contain not less than 250o parts per million (ppm) of a hindered amain ultraviolet light stabilizer. Ultraviolet stabilization additive for black polyethylene conduit shall consist of carbon black loading of 2.5~fc+O.S~I~ by weight. 2_ Conduit shall be manufactured from high density polyethylene resin designated as Type III, Category 5, C-5 7-l.?o TRAFFIC SIGNAL ~1TERCONNECT. Signal lnterconnect Cable shall be sic (61 pair conductor cable as shown on plans and shall conform to the following: x The conductors shall be solid #19 AW~G annealed copper in twisted pairs. The conductors shall be no less than three and one-half (3.5} turns per fourteen (14} inches for six(b}.pair cable. The cable shall have a corrugated copolymer-coated eight (5}nail. aluminum tape and applied longitudinally over the core wrap. These cables must meet the requirements of PE-39 and ANSUICEA S-3~-608-1958. A certificate of compliance to these special , provisions will be required from the manufacturer prior to installation. At Least 3 feet of slack shall be left for each conductor at each pull box. , PAYMENT. Full compensation for installing Traffic Signal Interconnect including 6 pairl9 A~IG Traffic Signal Interconnect cable shall be considered as included in the prices paid per linear foot for 19 A~VG G Pair Traffic Signal Cable and no additional compensation will be allo~red therefore. Blank PVC or HDPE conduit shall include signal interconnect cable where shown on the plans. 7-1.21 BORED/JAC'ED 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 sand. If the pipe and casing are installed by boring, the space around the casing also shall be backfilled with grout or sand. The ends of space between the casing and the pipe shall be sealed with grout. The strength of pipe desi~ated in the plans or specifications is determined for vertical load only any additional strength required by B oringlJacking operations shall be furnished at the Contractor's expense. The Contractor shall submit to the Engineer far approval all plans of boringljacking operations prior to boring or 'acking. Casing shall be Installed for all additional allowance will be made therefor. J BorinJ~ackina o eratons shall be conducted in a safe and efficient manner, consistent with current accepted J P . . rocedures. water bring shall not be permitted. The casing pipe shall be jacked with such prec~saon that will allow p the placement of the pipeline to the line and grade as indicated on the Plans. U on com letion of t~ installation of the casing and installation of the pipeline to grade, the void between the P P . casing or RC pipe aad the excavation shall be completely filled with sand, compacted by the use of air-blowing sand equipment or any ath~er means acceptable to the Engineer upon his approval. Pi e laid within the jacking pit area, but not within the casing or structures, shall be cradled with concrete in P accordance with the detail shown on the Plans. 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 andlor face closure with sufficient jacks to inhibit the sloughing andlor closing the work face. The Contractor, before resunung 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 rice paid per linear foot for Bored/Jacked Pipe (4" Steel Casing} shall include P full compensation for furnishing and installing the steel casing, pipeline pipe, excavating, boringljacking, furnishing and placing backfill Material, constructing jacking pits and backfill~ng all pits after the pipe is boredljacked, and all incidentals necessary to boringljacking the pipe, complete in place, as specified. 7-1.22 MISCELLANROUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, median curbs, ,3 sidewalks, handicap 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 extrusion or slip form methods: NIEASURE~►IENT Alm PAYMENT. Quantities. of Minor Concrete (curb and gutter} shall be paid for at the . contract price per linear foot for 1tilinor Concrete (curb and gutter} . C-9 7-1.25. GCJARANTE~. The Contractor shall furnish a written ;guarantee to the City on the .form attached; Quaranteein~ all systems, installed under this contract for a period of one (l }year from the date of acceptance of the work. The Quarantee, properly e~cecuted, shall be filed with the City before notice of completion and final acceptance A is made by the City of the work described on the plans and these special provisi~ans. 7-1.26 PAY1~IEl\1T. Payment for Traff c Interconnect System shall conform to the provisions in See~ion 8b-8, "Payment", of the Standard Specifications and these special pruv~szons. C-11 PART D PROPOSAL FOR TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSI=IELD, 2001 Wilson Road from Edgemont Street to Hughes Lane Brundage Lane from A Street to P Street Baker Street from Truxtun Avenue to Niles Street 34T"Street from Chester Avenue to Union Avenue 1Nhite Lane from Gosfard Road to Old River Road Various Locations in Downtown Bakersfield 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 ta; 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 suet #orth in the following schedule: If this proposal is acice~ted 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 beoorne the property of the City. City shall then be free to accept the bid of another bidder. NOTE: The contractor shall submit bids for the base bid plus bids for Additive Alternate 1 and Additive Alternate 2 items. H~w~ever, the award of the contract shall be based solely on the Total Base Bid. Either the base bid or the base bid plus any combination of additive alternate 1 and/or 2 will be considered for award. The additive alternate) and 2 bids are subject to the review and acceptance or rejection by the City of Bakersfield. FEDERAL AID ITEM ~~34t" Street from Chester Avenue to Union Avenue, Baker Street Interconnect conduit from Truxt~u~a Avenue to Niles Street, Brundage Lane from A Street to P Street, Various Locations in Downtown Bakersfield, White Lane from Gosford Road to Old River Road Item Estimated U~~t of Item Unit Price Extension Price No. Quantity Measure (In Figures) (In Figures) 1. 3000 LI` Conduit Installation (4" conduit with Innerduct) 2. 19100 LE Conduit Installation (2" conduit ) 3. 30250 ~E 19 AWG 6 Pair Traffic Signal Cabie 4. 173 t,E 6" Steel Casing 5. 44 t.E Minor Concrete (curb and gutter) 6. 340 SF Minor Concrete sidewalk TOTAL BASE BID $ Page 1 of 4 D-1 FEDERAL AID ITEM ADDITIVE ALTERN~A~'E 1(wilson Road from Edgernont Drive to Hughes Lane} . Item EstimatedUnit of Item Unit Price Extension Price No. Quantity Leasure ~In Figures} ~In Figures) 1. 10fi4a LF Conduit Installation (2" conduit } 2 11275 LF 19 AWG 6 Pair Traffic Si nal Cable TOTAL ADDITIVE ALTERNATE 1 $ NON-FEDERAL ITEMS ADDITIVE ALTERi~ATE 2 Street Li htin Condui# on Baker Street from Truxtun Avenue to Niles Street} Item Estimated knit of Item Unit Price Extension Price No. Quantity Leasure (In Figures) ~ln Figures) 1. 4160 LF Conduit Installation 2" conduit TOTALADDITIVE ALTERNATE 2 $ TOTAL BASE BID + ADDITIVE ALTERNATE 1 +ADDITIVE ALTERNATE 2 $ Bidder acknowies 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 are made under the penalty of perjury. Signed Bidder Company Address P.O. Box .City, State Zip Code Area Code Telephone No. License No./Expiration Date Page2of4 D-2 .PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIQUS LOCATIONS iN THE CIT~(OF BAItERSF1ELD, 2001 The Extension Price has been calculated by multiplying,the Estimated Quantity by the Unit Price. In the case ofi lum sum items the Estimated Quanta shall be unit .The Bid Total is the su f p t}r y m o all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Prices}and the respective Extension Prices} and/or the 8~d Total, the Unit Pnce(s} shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, pprovided, however, if the amount set forth as a Unit Price is unintelli able or omitted then the amount set #orth in the Extension Pace column for h i m h .g , . t e to s all be used to determine the correct Unit Price in accordance with the fallowing: 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 Ali persons ar parties submitting a bid proposal on the project shall complete the following form, setting Earth the name and the location of the mill, sho or office of each subcontractor who will. erform work or labor or render service to the Contractor in or aboutpthe construction of the work or im ~ ravement in ex p cess of one-half of one ercent 0.5% of rime Contractor's total bid or TEN THOUSAND DOLLARS 10 400 which p } p ever is greater, and t e 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 Address (City, State, Zip} Description of portion of work Name subcontracted (attach additional sheets if needed} Page 3 of 4 D-3 PROPQSAL FaR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD, 200 Accompanying this proposal is NOTICE: In the blank a [ « , t ~w~, insert t C war s cas , cas i~r s c cc , c~rti i~ check, or bidder s bond, as the case maybe , in an amount equal to at least ten percent of the tota 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 manygger thereof; if a copartnership, state true Warne of .firm, also names of ail individual co artners com osin firm• if bidder or h • p p g of er interested person is an individua! state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NCJTE--If bidder is a corporation, the legal Warne of the corporation shall be set forth above, together with the signature of the officer or officers authorized fo sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall beset forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. if si nature is b an a n g y e t, other than an officer of a cor oration or a member of a artnershi a Power of Attorne must be on fil- p p, y e wEth the Cit Clerk of the Cit of Bakersfield r~or to o enin . Y y p, p g ids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone Na. Place of Residence Date Page4of4 d-4 BIDDER'S BOND (To Accompany Proposal} (Not necessary if cash or certified check is with bid} KNOW ALL MEN B~' THESE PRESENTS. THAT UU E as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the surn 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. THE CONDITION OF T~IIS OBLIGATION IS SUCH: That if the certain prop®sal, 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, shat! 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 nul{and void, otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set out hands and .seals this day of 2~ (Seal} (Seal} (Seal} Page 1 of 2 D-5 STATE QF CALIFORNIA } } ss. CGUNTY OF } O n _ _ before m e , Date personally appeared Personally known to me Proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislherltheir authorized capacity(ies}, and that by hislher/their signatures} on the instrument the persons), or the entity upon behalf of which the persons} acted, executed the instrument. W ITNESS my hand and official seal. Signature of N~atary ________________0 PTIONAL=====________________________________ Thou h the data below is not required by law, it may prove valuable t~o persons relying on the document and 9 could prevent fraudulent reattachment-of this form. ~ . CAPACITY Ci~A1MED EY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE 01=FICER Title~or Type of Document Titles) ❑ PARTNERS ❑ LIMITED ® GENERAL Number of Pages ❑ ATTORNEY-IN-FACT ❑ TRUSTEES . ❑ GUARDIANICONSERVATOR ❑ OTHER: Date of Document SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(ES} Signer{s) Other. than Named above Page2of2 D-~ GERTIFICATE OF ASSURANGE WITH REGARD TO PARTICIPATION BY • DISADVANTAGED BUSINESSES IN SUBCONTRACTING (Complete and submit wi#h Proposal} TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD, 2001 POLICY. It is the policy of the City of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 26}shall have the maximum opportunity to participate in the performance of projects financed in whole or in part with Federal funds. The disadvantaged businesses requirements of 49 CFR Part 26 apply to this agreement and the work to be performed pursuant to this agreement. OBLIGATION. The Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 26}shall have the maximum opportunity to participate in the performance of subcontracts for work financed in whole or in part with the Federal funds provided pursuant to this agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged businesses have the maximum opportunity to compete for and perform subcon#ract-work. Additionally, Contractor agrees not to discriminate on the base of race, color, national origin, or sex in the award and performance of subcontracts for work financed, in whale or in part, with the Federal funds provided pursuant to this agreement. CERTIFICATION. The Contractor certifies that: In accordance with the above described policy and obligation and the DBE provisions of the special provisions of this contract, the Contractor has taken affirmative actions to seek out and consider disadvantaged businesses for the portions of the work which are intended to be subcontracted and that such affirmative actions are fully documented in Contractor's records and are available upon ,request. In addition, Contractor will .take such affirmative action On any future subcontracting relating to this contract. Dated Contractor's Signature: Printed Name: .Company Name: D-7 {THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder ,proposed subcontractor ,hereby certifies that he has _ , has not ,participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1 and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1 J{b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. D-8 Noncolluslon Affidavit Title 23 United States Code Section 112 and Public Contract Code Section 7106 To the CITY of BAKERSFIELD DEPARTMENT OF PUBLIC WORKS In conformance with Title 23 United S#ates Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corpo "ration; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, orthat anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder ar 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 in#erested in the proposed contract; that a!I 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 infarrnation or data relative thereto, or .paid, and will not pay, any fee to any corpora#ion, partnership, company association, organization, bid deposetory, or to any member or agent thereof to effectuate a collusive or sham bid. Note:The above Nor~col~usion Affidavit is part of the. Proposal. Signing this Proposal on the signature portion thereof shall also consti#ute signature of this Noncolius~on Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. D-9 DEBARMENT AND SIJ~SPENSION CERT1FtCATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currera~ly under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency witla~n the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction ~r~ any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For~yexception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing fare information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also cans#~tu#e signature of this Certification. D-10 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and be{ief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100;000 and that all such subrecipients shall certify and disclose accordingly. D-11 DISCLOSURE ~F LC~BBYlNG A~CTlVlTlES K-- Type of Federal 2 Status of Federal 3 Report Type: 1 Action: Action: a. contract a. bidlaffer/applica#ion a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Subawardee Enter Name and Address of Prime: Pri me Tier , if known Con ressional Dis#rict if known: Con ressional District if known: 6. Federal DepartmentlAgency: 7. Federal Program NamelDescription: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, address if different from No. 10a} MI) (last name, first name, MI} (attach Continuation Sheet(s) if necessary} 11. Amount of Payment (check all that 13. Type of Payment check all that apply} apply) $ planned a. retainer actual b. one-time fee 12. Form of Payment (check all that apply}: c. commission a. cash d. contingent fee b. in-kind; specify: nature a deferred - value f. other, specify - 14. Brief Description of Services Performed or to be performed and Dates} of Service, including officers}, employees}, or members} contacted, far Payment indicated in Item 11: (attach Continuation Sheet(s) if necessary} 15. Continuation Sheets} attached: No Yes. 16. Information requested through this farm is authorized by Title 31 Signature: U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the Title: reyaired disclosure shat! be subject to a civil penalty of not less than $10,000 and not more than $100,000 far each such failure. Telephone No.. Date: Authorized for Local Reproduction Federal Use Onl : Standard Form -LLL Standard Farm LLL Rev. 09-12-97 D-12 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure. form sfaall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The Ellin of a f r ' g, o m is required for such payment or agreement to make payment to lobbying entity for influencing. or attempting to .influence an officer or employee of any agency, a Member of Conggress an officer or employee of Congress or an emplo ee of a Member of Con ress in connection with a covered~Federal action. Attach a continuation sheet for additional info g rmation if the space on the form is inadequate. Complete all items that apply fc~r both the initial filing and material change report. Refer to the implementing guidance published b the Office of Maria ement and Bud et for additional information. Y 9 g 1. Identifythe type of covered Federal action for which lobbying activity isand/or has been secured to mfl ence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Ident~ly the appropriate classification of this report. If this is a follow-up report caused by a rnater~al change to the information previously reported, enter the year and quarter in which the chap a occurred. Enter the date of the last rev~ousl for th~ v ~ p y submitted report by this reporting entity s co erect Federal action. 4. Enter the full name, .address, city, state and zip code of the re orting entity. Include Congressional District if known. Check the a ro Hate classification o~the re artm pp p g entity that designs#es if it is or expects to be a rime or subaward reci lent. Identif the tier subawardee e.. the first subawardee of the rime i ~ p y . of the , p s the first tier. Subawards include but are not lirnited to subcontracts sub r g ants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "subawardee" then enter the full name, address cit state and zi code of the ri y, p p me Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the.award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States -Coast Guard. 7. Enterthe Federal program name or description for the covered Federal action (item 1 If known, enter the full Catalog of Federal Domestic Assistance (CFDA} number for grants, cooperative agreements, loans and loan commitments. 8. Enter. the most appropriate Federal identifyn number available for the Federal action identification in item 1(e.g., Request for Proposal RFP} number, Invitation for Bid (IFB}number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal a enc .Include refixes e.. "RFP-DE-90-001." 9 Y) 9 , . 9. For a covered Federal action where there has been an award or loan comm~tmen t by the Federal. agency, enter the Federal amount of the award/loan commitments for the prime entity identified m (tern 4 or 5. 10. (a} Enuter the full name, address, city, state and zip code of the lobbying entity engaged by the repo~t~ng entity identified in item 4 to influenced the covered Federal action. b Enter the full names of the individuals erformi ( } . { } p rig services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI}. 11. Enter the amount of compensation paid or .reasonably expected to be paid by the reporting emit (item 4} to the lobbying emity (item 10}. Indicate whether the payment has been made {actua or will be made tanned .Check all boxes that a I . If (p } pp y this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box{es}. Check all boxes that,apply. If payment. is made through an in- kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate boxes . Check all boxes that apply. If other, specify nature. 14. Provide a s ec~fic and detaile descri tion of the services that the lobb ist has p p y performed or will be expected, to perform and the dates} of any services rendered. Include all preparatory and related activity Hat dust time spent in actual contact with Federal officials. Identify the Federal officers} or employee{s} contacted orthe officer s em to ee s or Member s of Con ress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The~c~rtifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, includin time for reviewin instruction sear i g g ch rig existing data sources, gathering and maintainingg the data needed, and coin leting and reviewin the collection of information. Send comments re ardin tfie burden g, g estimate or an of eras ect of this co~ection of informs ' p tion, including sug estions for reducrng this burden, to the Office of Myana ernent and Bud et P g ~ erwork Reduction Pro ect 034 0046 Washin . 9 g p ( . gto n, D, C .20503. ~F-LLL-InstructEOns R v. - - » e 06 04 90 ENDIF D-13 This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second ar third low bidder, it must be submitted and received as specified m Section 2 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CITE( OF BAKERSFIELD PROJECT NAME: C0.-RTE.-K. P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: ,BIDDER'S NAME: DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION': CONTRACT ITEM OF ~IIORK AND DESCRIPTION OF DBE CERT. NAME OF DBEs DOLLAR ITEM N0. SERVICES TO BE SUBCONTRACTED N0. (Must be certified on the date bids are AMOUNT DBE3 OR MATERIALS TO BE PROVIDEDZ opened -include DBE address and phone number] IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are Total Claimed Participation $ required. Names of the First Tier DBE Subcontractors and their respective items s} of work listed above shall be .consistent, where app icable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the- . Subcontractors Listing Law and Section 2 of the. Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. Signature of Bidder DBE prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. 2. If 104% ofi item is not to be performed or furnished by DBE, Date Area Code} Tel. No. describe exact portion of item to be performed or furnished by DBE. Person to Contact (Please Type or Print} 3. See the Disadvantaged Business Enterprise section of Section 2 of the Special Provisions to determine the credit allowed for DBE firms. CT Bidder - DBE infarmatian (Rev 49-2$-99} d-~ ~ ' DBE INFORMATION -GOOD FAITH EFFORTS City of Bakers#ield Project Narne: r Federal-aid Project Number: Bid Opening Da#e: BidderName: The City of Bakersfield established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The above named bidder certifies that information provided herein shows that adequate good faith efforts were made. a. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Date of Advertisement - b. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited - Date of Initial Solicitation Follow Up Methods and Dates c. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work. items .(including those items normally performed by the bidder with its won farces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibilityto demonstrate that sufficient work to facilitate DBE participation was bade available to DBE firms. Items of Work Breakdown of Items d. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's resection of the DBEs Good Faith Effort Page 1 of 2 D-15 Names, addresses and phone numbers of firms selected for the work above: e. Efforts made to assist interested DBEs in obtaining bonding, lines of credit arinsurance, and anytechnical assistance'or information related to the plans, specifications and requirements for the work which was provided to DBEs: f. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services,. excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: g. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.: Name of Agency/~r~anizatian Method & Date of Contract Results h. Any additional data to support a demonstration of good faith efforts fuse additional sheets if necessary}: Signature of bidder: Good Faith Effort Page 2 of 2 D-1 ~ STATE ~F CALIFORNIA -DEPARTMENT OF TRANSPORTATION Page 1 of 2 SUBCONTRACTING REQUEST Exhibit 1fi-B, Local Assistance Procedures Manual} DC-CEM-1201 (REV. 4194}{OLD HC-45}CT#7541-3514-7 See Instructions On Page 2 RE4UEST NUMBER CONTRACTOR NAME COUNTY ROUTE BUSINESS ADDRESS CONTRACT N0. CITY/STATE ZIP CODE FEDERAL AID PROJECT NO. (From Special Provisions} CNECK IF: %OF BID (See Categories Below) DESCRIBE WORK WHEN $ AMOUNT SUBCONTRACTOR BID ITEM ITEM LESS THAN 100% OF WORK BASED ON BID $ (Name, Business Address, Phone) NUMBER(S) SUBBED {1) (2) (3) IS SUBBED AMOUNT Categories: 1}Specialty 2}Listed Under Fair Practices Act 3)Certified DBE/MBEIWBEIDVBE Certify That: a. The Standard Provisions for labor set forth in the contract apply to the subcontracted work. b. If applicable, (Federal Aid Projects only} Section 14 (Federal Requirements}of the Special Provisions have been inserted in the subcontracts and shall be incorporated in any lower-tier subcontract. Written contracts have been executed for the above noted subcontracted work. CONTRACTOR'S SIGNATURE DATE NOTE: This section is to be completed by the Resident Engineer 1. Total of bid items 2. Specialty items (previously requested} $ 3. Specialty items (this request} $ 4. Total (lines 2+3} $ 5. Contractor must perform with own forces (lines i minus 4} x °/o $ 6. Bid items previously subcontracted.. . 7. Bid items subcontracted (this request} $ 8. Total (lines 6+7} $ 9. Balance of work Contractor to perform (lines 1 minus 8} $ $ ...r ~a.:.:... ,........r...... n r .r , , . x~,..{....r ..r... n...... . r.4.....w ....~....,.,.n ..x . n..r . ..v. >....n ,.......,S.4.n.r.... r - .....,..Y.. vv....-......:....-.nn.....,... ..r.>.n ...};r i}::v4:{:isii'Y:isill.:::~ii:ii^~:•~:,Ali:~`j:~i41n rc... .v..3.:.......v . : 1 > a.. , . r .w. . k-:.:..:..,4n... .`A......n... .........n ....r...... ,•r.... }.....nr... n,-.... var... ..}...........X.. . ....r..Y yn ...4..r ~{.r_. n..... r ...rn...... .n...,,.......r ...v.....,e..........n,...:%,i:{w}}'i::<;:`{:0:4::: r::: :.}4 .n... 1. t. x.. cea...F.... c.. a ......,,.r,........ _:........nnf ..rn._:...nx..•x .ti.,. .r+.<...... ../..n.n.,. n..n. :'a.: ,::::.:.:.:•:..e:.~::..,.... v , n ..Mf.:.4. rr.,...: tv . 5................. Yv: {.r'......v ..v,:. ..n.vn ..t. ~tr..,nJ... v.{Yv4.n.. r.nr.n:41v}.v... ..n e..l. r. v.. ..n,.... n..n... r....#. v. r , w.._ rv.~ .n . 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'?K(...v.. \.4+............v.,.... v .v.r . ,.:..F....4.. n....n..n,,. r. .Y. . 4:.rwn, . , .r:. f n, .f .r . .2 ..A~.PI3...~D...:.. . ...}n....:::.:„~~rr•: ~:...-r::s•>...::n:...... n in. .}r..... ..~....K..... .r..,... r.....v+.;.. t,l''1.....i.,,. ,,.,n. ..n ,.....4..,..,. n..... ..............cv.. nCVV::.. ......:n:n.Y.vw n).v....n n, , . m.. ,+.v..,v.vn...nv. 4.. . ..................._..n.......v....... , v.... n... .rA. - r . .....n . t..... A..rr.>lvrr. }:I.v.Y.v.v...,.. vn, n . . S,.n....v .e. rev .Y . r ............................5......... nG.... .vn.:.v:.'::.v::'..v::::::::•.v::.::::er:,~r•: p:.:v.:...:...n.. . .....4~Kv..r:}r ..4.... .rn. nl..n.,,.,....rr n.m.. :.....v:, ,.,...:....{,..........na ...............f.. .r. , RESIDENT ENGINEER'S SIGNATURE DATE CEM-1.201 (HC-46 REV. 4/g4} COPY DISTRIBUTION: 1.Original -Contractor 2. Copy -local agency Resident Engineer 3. Copy -local agency Labor Compliance Officer 4. Contractor's information Copy D-17 STATE OFCALIFORNIA -DEPARTMENT 4F TRANSP0RTAT14N Page 2 of 2 SUBCONTRACTING REC~UEST Exhibit 16-B, Local Assistance Procedures Manua!) INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM A!! First-tier subcontractors must be included on a subcon~rac~ing request. Submit in accordance with Section 8-1.01 of the Standard Specifications. Type or print requested information. Information copy is to be retained by the contractor. Submit other copies to project's Resident .Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. 1~lhen a portion of an item is subcontracted, describe the portion, and show the %of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior tosubmittal of a DC-CEM-1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Cade covers the conditions for substitution. Submit a separate written request for approval of any DBEIMBE/1NBE/DVBE substitution. Include appropriate backup information and state what efforts were made to accomplish the same dollar value of work by other certified DBE/-MBENVBEIDVBEs. NOTE: Far contractors who will be performing work an railroad property, it is necessary for the contractor to complete and submit ,the Certificate of Insurance State Form DH-OS-A1 OAS naming the subcontractor as insured. No workshallbe allowed which involves encroachment on railroad property until the specified insurance has been approved. D-18 PART E AGREEIUIENT No. CoNSTR~#CTION PRGJEGTS A~REEI~ENT :THIS AGREEMENT is made and entered into on , by and between .the CITY of BAKEf~SF1ELD, a municipal corporation, ~"CITY" herein} and ~a California Cor~oratr"ors, ~a wail ~Cor~orativr~, Delaware Corporation, Individual, etc.) ~"CONTRACTOR" herein}. RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and ~IIHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to ernpfoy CONTRACTOR to ~"Project" herein}, as set forth herein. NoIN, THEREP+ORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follouus: 1. SGGPE oP woRK. The scope of work to be perfarm~d consists, irk tgeneral, of . ~"Project" here~r~} The scope of wodc shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whetherspecifically included inthes~cope of work or not. CITY and CONTRACTOR agree all communications. relating to this Agreement - must be in writingl CONTRACTOR understands and agrees that the CITY is an ~~ban. area. a~td underground obstructions including, without limitation, water lines, electrical line, sewer lines, and gas lined are inherent in any work involving subsurface excavation. At a nninimum, C~3NTRACT~R must contact appropriate underground alert authorities before starting any subsurface work. 1.1 The following shall be deemed to be part of this .Agreement as~ if~full~ set- forth herein:: 1.1.1 Notice to Contractors . 1.1.2 Special Provisions 1.1.3 Bid Proposal 1-.1.4 Bidder's Bond 1.1.5 Performance Bond 1.1.fi l~laterial and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 All provisions required by law fo be inserted in this contract whether actually inserted or nat. 1.1.9 Current State of California DAS -140 Form cif required by Specifications} 1.1.1 Q Drawings, if any. 1.1.1 ~ Public Contract Code § 22300 Escrow Accounts}. E-1 7. STANDARD of PERFORI~IAN~CE. All workshall be performed in conformity with all legal requirements and industry standards observed by a specialist of the ~prafession in California. 8. 14JlER~aER AND MODIFICATION, All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included -herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever maybe introduced in any judicial or arbitration proceeding involving this Agreement. This A reement g may be modified only in a writing approved by the City council and signed by all the parties. 9. E.~H1BfTs. 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 exhibi#s to which reference is made in this Agreerner~t ,are deemed incorporated in this Agreement, whether or not actually attached. 10. CoMPLIAIVCE WITH ALL LA~IIS. CONTRACTOR shall, at CONTRACTOR's sole cost,. comply with all of the requirements of Municipal, State, and Federal authorities now in ..force, or which ray 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 force including, without limitation, obtaining a City of Bakersfield business tax certificate Bakersfield Municipal. Code Chapter 5.02} where required. 11.1NDEPENDENT CONTRACTOR. This Agreement-calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee ofi the ~C1TY for any purpose and is not entitled to any of the benefits provided. by C1TYto its empl+ayees. This Agreement shall not be construed as forming a partnership orany 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 willsupply all equipment, tools, rnaterials and supplies necessary to perform, the services set forth in this A~reen~ent. 12.INSURAN~CE and-B4NDS. In addition to any otherinsurance orbond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreementthefollowingtypes.and limits of insurance ("basic insurance requirements"~ herein: 12.1 Aomobile liability insurance, providing coverage on an occurrence basis for bodily injury, including, death, of one ormore persons, property damage and personal injury, M with limits of n~o# less than One Million. Dollars ~$1,000,000~ per occurrence; and the policy shall: ~2.1.i Rrovide coverage for owned, non-owned and hired autos. 12.1.2 ~Gontain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. E-3 12,10 It is~urther understood and agreed bythe CONTRACTOR that its liabilityto 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. 12.11 Unless otherwise approved by the CITY, i~ any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or ors behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 12.12 OC~I~TRACTOR shall provide performance, labor and material bands in amounts and in a form suitable to the CITY. CITY shall approve in writing all such securit instruments y prior to the commencement of work on the Project. 13.INDE~IN~TY. CONTRACTOR shall indemnify, defend,. and hold harmless CITY, its officers, agents end 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 Find whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACToR's employees, agents, independent contractors, companies, or subcontractors in the perfarmarace of, or in any way arising from, the terms and provisions of this Agreement whether ar not caused in part by a party indemnified hereunder, except as limited by California .Civil Code. section 2?82 or CITY's sole active.negligence, orwillful misconduct. 14.TERMIN~T~ON., This Agreement may be terminated- as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The fallowing circumstances shall be deemed a CONTRACTOR default: 1 } a material breach of the contract where CO~TRACToR tails to cure said .breach within ten ~1 Q} days of notice from CITY. if said breach cannot reasonably be cured within ten X10} days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan . acceptable to ~l~'Y to cure. the default and immediately commencing to cure the default; 2} violation of .any law, statute, regulation, rule, ordinance,. permit or order of any. governmental agency by CONTRACTOR applicable to the ~Proje~t and where CONTRACTOR does not cure said violation within ten X10} days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3} CONTRACTOR. makes an assignment for benefit ~of creditors, admits an inability to pay debts, f ices a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4} CONTRACTOR fails to adequately respond in writing to CITY's written d~ernand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten X10} days in writing with all necessary information #o assure CITY that CONTRACTOR has. the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 14.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages, delays by follow on contractors, materials and. equipment provided, designs commenced through the date of ,termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession afthewo~k including all designs, engineering, project records, cost data, drawing specifications ar~dcontracts, andconstructionsupplies and aidsdedicated salelyto performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. E-5 2~. RiNDiN~ E~~ECT, 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 any number of counterparts, each of which shall be considered as an original and be effectiveas such. 22.T~TLE To DoCUI~lENTS. Ail documents, plans, and drawings, reaps, photographs, and other papers {including, but not limited to, computer or electronic, data), or copies thereofi prepared by CONTRAGTQR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 2~.ACCOUNT~NG RECORDS. CQNTRACTQR 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 CONTRACTQR's office during the term of this Agreement, and for a period of three {3} yoars 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. The term `accounting records' include the various subcontracts and purchase orders that CaNTRA~CTQR has issued on this project. CITY reserves the right to review any or all those documents to ensure compliance with federal contract provisions. 24. ~CO~PORATE AUTHORITY. Each individual signing this Agreement on behalf ofi entities represent and warrant that they are, respectively, duly authorized to sign on behalf of tl~e entities and to bind the entities fully to each and all of the obligations set forth in this ~ Agreement. 2~. TAx NUMBERS. CoNTRACTOR's Federal Tax lD Number CoNTRACT~R is a corporation? Yes No {Please check one.} 2G. CoNTRA~TQR'S LICENSE 1NFORMAT~oN. License Number Expirat'ran Date License Classification 27. NoN-lNTEBEST. No officer or ern~ployee of the CITY shall .hold any interest in this Agreement {Cali#ornia Government Code section 1090}. r ITV ~iVlTNESS ~IIHEREOF, the parties hereto have caused this Agreementto be executed, the day and year #irst-above written. CITY" "CQNTRACTQR" ~ . . E-7 FAITHFUL PERFORMANCE BOND KN~O'V~ ALL MEN THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kem, State of Califiornia, a municipal corporation, .hereinafter designated the "Owner," has an Date of Award ,_2000,. 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 V4IHEREAS, said Pdncipai is required under the terms of said contract; and NOW, THERE~ORE,'~VE, the Principal, and Leave Blank for Banding Compan}~ , as Surety, are held and firmly bound unto the owner in the sum of 100% of Amount Awarded at Council Meeting Dollars (awful money of the United States, far 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 CONDITIt~N ~F 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 Omer, 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 ifi the above mentioned Principal, his ar 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 lass 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 andlor faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full farce 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, fiat 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 tune, 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 ofi 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 successfiully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS ~IIHEREOF, the above mentioned parties have executed this instrument under their seals this day ofi , 20 ,the name and corporate seal- of each corporate party being E-9 MATERIAL LABOR BAND KNOW ALL MEN S ~'HESE PRESENTS, THAT, WHEREAS, THE C~~'Y OF BAKERSFIELD, County of Kern, State of Cali#ornia, a municipal corporation, hereinafter designated the "Owner," has, on Date of Cauncii (Uleetinq , 20 , 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 Narne ;and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, ar 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, ar 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: NOVIr, THEREFO~~, wE, the Principal, and Leave Blank far Bonding Company , as Surety, are held and firmly bawd unto the Owner the penal sum of One hundred percent X100°/a) of the total amount payable by the terms of the contract Dollars lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITI01~ ~OF THiS OBLIGATION lS Sl1CH, that if said Principal, his or its heirs, executors, administra#ors, succoessors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or aboutthe performance of the work contracted to be done, or for any work ar labor thereon of any kind or far any amount dt~~e under the Unemployment Insurance Code with respect to work or labor performed under the contract, ar 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 1 o~the Government Cade of the State of California, or with respect to any work or labor far which a band is required bathe provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided Ghat the p+ersons,companies-,.or corporations so furnishing said materials, provisions, ar other supplies, .appliances, or power use, in, .upon, f'br, ar 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 Cade, 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. Thin 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 3~8~, sous 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, ire a~~ way, affect. its obligations of this bond, and it does hereby waive notice of any change, extension of time, aeration, or addition to the terms of the contract. or to the work or to the specifications. Said Surety hereby wades the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS 'WHE~OF, the above mentioned parties have executed this instrument under their seals this day of ~ , 20 the name and corporate seal of each corporate party being hereto affixed and ~ese presents duly signed by its undersigned representative, pursuant to authority a# its. governing body. (Seal} Principal Signature for Principal, Title (Seal} Surety Surety Address & Telephone No. Signature for Surety, Title ' (Attach notarization farm for each required signature} E-1 ~i 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. 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 F,.. Agent. 5. The interes# 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 ahd from time to time without notice to the Owner. 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 consen#s to the withdrawal of the amount sought to be withdrawn by Contractor. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written nonce 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. 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 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 #rom the Owner and the Contractor pursuant to Sections to inclusive, of this agreement and the t}wner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth, above. ~o. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Con#ractar in connection with the foregoing, and exemplars of their respective signatures, are as follows: on behalf of'Owner: Qn behalf of Contractor: Title Title Name Name . Signature Signature :Address Address E-13 GUARANTEE MATERIAL AND wQRKMANSHlP CITY QF BAKERSFiEf.D Public vl~orks Department Annex Building, 2`~ Floor 1501 Truxtun Avenue Bakersfield, California 93301 in accordance with the terms of the Contract for: . awarded on ,between the City of Bakersfield thereinafter referred to as "Cit}~'~, and the undersigned, which contract provides for and otherfacilities and underwhich 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 andlor materials, and we agree to repair andlor replace at our own cost and expense,. any and ail such work, andlor materiels which may prove defective in workmanship or materials within a period of one t1 }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 awn cost and expense, any work andlor materials that we may disturb or displace in making good such defects. Withintwenty-#~u~ ~24~ hours after being notified in writing by the City or the City's representative, orthe agent of either of theme, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all wed necessary to fulfiff the terms of this guarantee and to complete the work within a reasonable period of time, an+d in the event of our failure to so comply, we collectively and expressly do hereby authorize the City~~andlor the Cites 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. Thin guarantee is made expressly for and tuns to the benef it of bath the City of the above mentioned construction project and. the City's representative, and shaft be enforceable by either of them. . Dated Contractor's Name P- r ~ - Authorized Signature E-15 :its ;crm srcu~a~ ce sent :o sae w :ant ~ccrvnncasnto ~;crnrmttao cr ►e can cr .;ace •n :r:e aura ~cs :re stte cr ~a c~: ~:c ~+onc. . t - ~~au gave anv ~uesncns as ~ ~e actress ct ~.e accrccrtate ~ ~ ~ L! C '~0 Fi ~ S - .atnt :•o0renttC,axnto Ccntt~ee, contact nearest crfiics cr ~,a Div:s:on cs ~►carenucesr~ Sianoaras f 0~5i. ::.nsutt •~aur ~ ~ A~NA~ ~ ~ ~ ATI ~ P'~ :aor~ane arrec;cr~r unaer Cas~lornta, Stag at, ;nausutat ~eianons, for :re ~~S oafic+e ~ dour area. ~:.~~C:CRS f~A1.~tvG,~OCAE55-•~19~MBEr~b S~ ~C:. ~.""f,.',~ y. r~ ~nc~1~:: c i : c,~,~",OIVE 4 ~ i v~ a ~cxtr~ ~ ~~uC - Lr c:~~c: xw~ao Wt= : QF ~Q~C~ Q~ AC~~.11. J ~.~n7 CiF PQQ.CL :Uw1E b AOOAESS C~ iC~:~~iKs C~.urF~A~: =.3~'i 71M i ~ ~ f,~.JC~,r'i1y~^va+~'I ~UF~S aPPREt'~T~C~S i ~t~.,'?~11+^.F A~L~f TtC= '~BEi TO Oe ~Ap 0'F~ ~~~OJ~A~~ n,~j-cS r' ~~P± OY~' 1 _ ~ . . ~~~~~k ~r£~ ~f ~~X~S Ee~d~v. aCx 1 ~ ~e request att+n of aaDrsntice~sJ gar .this iav. i'Ve V4luntani~/ CZCOSB IO CcR1D1}f Witn~ ►he aCCItCaOfB vQit'!( " ~oorentrcesn~o ~~.rn:n~ttee Stanaares gar the- avratson -o~ this sca on~y, in trainina :he acflrenacet,s~. '~'Ye ass~ctte na o coi~aat~ons ~o tre cc~minee or ,urnans unaer State or Feaerat laws. Qox 2 ~Ne 'request s~atcst of aoarenucets) #or this boo. We do nat wish. to iailaw ~ tt~a acoiicacie ~otnc ~oorenticesi~t amrnittee Siancares in training the aooren~ces: insteaa, we agree to emrnoy anQ am - accrenncets~ ze a+~: rcance with. the Catifom~a AoQrenncesn>a ~ouru;ii reguianons goverr~rna arnotovment ~i acDrefttiCBS Q~ DiSIIiiC ~HOrK DrOteC'.S. 11118 assume no outer oofigations tQ the ccmrn:flee cr uncaps unaer State or ~~8~ laws. . Eox 3 ; ` We are afr+ear ~orovea to iram a~rentices oy the aooticat~s'e ~oitti Aoorenticesnio Cornr,;trze and we w~ii `r" emocoy anal tt under the Stanoaras. ~ - Box a i`' 'Ne ac nat Est ;he dispatch of aocrentice~s~ since aoorentices are not reauire~ on this ;ca unaer the ~rovrsions of i~omsa t.actor Caae . Secciion ~ ??7.5, Because: S~anat~re ~ vDeo Name . ~ rile ^afe Mate of Ca~ifarn~e Cecanment of lndustnsi Releuons ~~s c.to ,.40, CiY1S1QN Q~ ~PPRE:yTtCSsti1R ST~ND~AADS ,q . _i r