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HomeMy WebLinkAbout2000 Special Provisions Project CML 5109 045- _ - _ _ ' . _ ' , . , CITY OF BAKERSFIELD CALLF~RNIA ~~NOTICE TO CONTRACTORS:, w~ SPECIAL PROVISIONS, { v~ i. ; :BID PROPOSAL AND CONTRACT y - , w ,y FOR TRAFFIC SIGNAL _1~TERC4NNECT AT VARIOUS LOCATIONS _ IN THE :CITY QF BAKERSFIE~D BID~~PENING . . . ' _ _ DATE: NaVEMBER 29 200D _ T ME. 1 - I 1. 00 A.M. FEDERAL PRQJECT NQ. CML-5~09~045~ ~,I . - II CITY OF ~ AKER FIELD S S, PU:BLLC IN4RKS DEPARTMENT ANNEX BUILDING, 2"~ FLOOR 1501 TRUXTUN AVENUE E 5 BAKERSFIELD, CALIFORNIA 93301 Q~~ 1~~, . p ~ ~9 . ~ ~ Pro ec~ En sneer. NICK FIDLER ti [~f ele hone. 661 X26 3944 ~ p. ( ) - ~ 0:3240 t Filename: P.ICML51.09(045)1letter5lspecs4.wpd i r I. X ~ 2 ~^k c~~ ~Q CIV1~ . F. QF ~A~,1 ' Prepared from form document T:ISpecs:-BoilerlSPBASIC ALL 09_28_OO.wpd _ - TABLE OF CONTENTS PART A NOTICE TO CONTRACTORS A-1 SPECIAL PROVISIONS - , SECTION 1 DEFINITIONS AND TERMS 1-1.01 General A-3 1-1.02 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 Work A-5 2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities A-5 2-1.05 ProposaiForm 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 Specifications and Drawings A-6 2-1.10 Withdrawal. of Proposals A-6 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 2-1.14a DBE Goal for this Project A-9 2-1.14b Submission of DBE Information A-9 2-1.15 Federal Lobbying Restrictions . A-10 SECTION 3 -AWARD AND EXECUTION OF CONTRACT 3-1.01 General A-12 3-1.02 Award of Contract A-12 3--1.03 Contract Bonds A-12 3-1.04 Execution of Contract A-12 3-1.05 Return of Bidder's Guarantees A-12 SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 General A-13 SECTION 5 -GENERAL 5-1.01 State Contract Act Not Applicable A-14 5-1.02 Alteration in Quantity of Work A-14 5-1.03 Control of Work . A-14 5-1.04 Prevailing Wages A-14 5-1.05 Payroll Records A-15 5-1.06 Labor Nondiscrimination A-15 5-1.07 Apprentices A-15 5-1.08 Trench Safety . . A-15 5-1.09 Sound Control Requirements A-16 5-1.10 Permits and Licenses A-16 { , 5-1.11 Working Hours A-16 5-1.12 Laws to Be Observed A-16 5-1.13 Contractor's Insurance A-16 5-1.13a Indemnity A-16 5-1.13binsurance A-16 5-1.14 Contractor's Authority A-16 5-1.15 Work in City Streets A-16 5-1.16 Right of Way A-16 5-1.17 Suspension of Contract A-17 11 ' 7-1.22 12' Steel Casing C-10 7-1.23 Detectors C-10 7-1.24 Testing C-10 7-1.25 Guarantee C-11 7-1.26 Payment C-11 ASPHALTIC EMULSION INDUCTIVE LOOP SEALANT C-12 PART D RP OPOSAL ProposaiForm D-1 Bidder's Bond D-5 Noncollusion Affidavit D-9 Debarment and Suspension Certification Title 49, Code of Federal Regulations, Part 29 D-10 Nonlobbying Certification for Federal-Aid. Contracts D-11 Discbsure of Lobbying Activities D-12 Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities D-13 Local Agency Bidder -DBE -Information D-14 DBE Information -Good Faith Efforts D-15 PART E . SAMPLE CONTRACT Construction Projects Agreement E-1 Faithful Performance Bond E-7 .Material and Labor Bond E-8 Escrow A reement for Security Deposits in Lieu of Retention E-9 9 ~ E-11 Guarantee - Material and Workmanship . Guarantee -Equipment E-12 Public -Works Contract Award Information ~DAS 140 Form} E-13 4 1~ 1 CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on the date indicated on 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 IN THE CITY OF BAKERSFIELD 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 ($0.00) for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21 }days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. This project has a goal of 10% .percent disadvantaged business enterprise (DBE participation. THIS PROJECT 1S SUBJECT TO THE "BUY AMERICA" PROVISIONS OF THE SURFACE TRANSPORTATION ..ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION. EFFICIENCY ACT OF 1991. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears . herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications and these special provisions. The Cit of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described Y herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of .Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled Escrow A regiment for Securit De osits in Lieu of Retention",.included in the Sample Contract section of these special 9 Y p 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 ro osed work shall be done in accordance -with the Standard Specifications of the Department of pP Trans ortation, Business, Transportation and Housing Agency, dated July,1992, insofar as the same may apply. p This roject is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor p are set forth in the s ecial provisions. Pursuant to Part 7 of Division 2 of the California LaborCode (Section 1720 P et se .the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined q) , b the Director of California Department of Industrial Relations. The Director s schedule of prevailing rates is on Y . ~ file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. The Cit of Bakersfield hereby notifies all bidders that it will affirmatively insure that in any contract entered into Y ursuanttothis advertisement, disadvantaged business enterpriseswill be affordedfull opportunitytosubmit bids p in response to this invitation. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These A-1 GENERAL DESCRIPTION OF WORK The work to be performed consists, in general, of installation of conduit, pull boxes, conductor cable and traf#ic loop detectors. CITY OF BAKERSf IELD a RAUL M. ROJAS Public Works Director i A,3 a mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows: Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other actin violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, .including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a ,contract underthis article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three (3) years. A form for the statement required by Section 10285.1 is~included in the proposal. 2-1.13 DISQUALIFICATION OFBIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds. for believing that any individual, firm, partnership, corporation or combination thereof is interested in .more than one proposal for the work contemplated may cause the refection of all proposals in which such individual,: firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced maybe. rejected. 2-1.14. DISADVANTAGED BUSINESS ENTERPRISE (DBE}. This project is subject to Part 26, Title 49, Cade of .Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders. shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged. Business., Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following. matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and. relevant regulations .promulgated. pursuant thereto; B. A DBE ma participate. as a prime contractor, subcontractor; joint venture partner with a prime or Y 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 following: 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 good faith efforts to meet the goal. D. A DBE 'oint venture artner must be responsible for specific contract items of work, or portions thereof. 1 P Responsibility means actually performing, managing and supervising the work with its own forces. 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 DBE Information" of these special provisions; A-7 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the Lessee DBE provides on the contract; 5. The DBE may also lease trucks from anon-DBE firm, including an owner-operator. The DBE who leases trucks from anon-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these .services are not provided by a DBE; fi. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term 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. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for 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 on federally funded construction projects. Bidders and .potential .subcontractors should check the Caltrans website at http:/lwww.dot.ca~,govlhq/bep to verify the current availability of this service. 2-1.14A DBE GOAL FOR THIS PROJECT. The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): percent Caltrans 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. projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca.gov/hq/bep to verify the current availability of this service. 2-1.146 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 form 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 successful bidder (low 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, California 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. Postal Service certified mail with return receipt and certificate of mailing 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 following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE informs#ion unless requested to do so by the City of Bakersfield. 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 or that, prior to bidding, adequate good faith efforts to meet the goal were made. 0 Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information A-9 The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. ~ All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:- A. A cumulative increase if $25,000 or more in the amount .paid or expected to be paid for influencing or attempting to influence a covered Federal action; or B. A change. in the person(s) or individual(s), influencing or attempting to influence a covered Federal action; or C. A change in the officer(s)., employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. a-~ 1 SECTION 4-BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-.1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work," Section 8-1.06, "Time of Completion," and Section 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within .fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 90 working days. Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall pay to the City of Bakersfield the sum of two hundred and fifty dollars ($250.00) per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Full compensation for conforming to the requirements of above .paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. A-13 a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY-FIVE DOLLARS ($25~ pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01 A(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996}, to the regulations promulgated by the Fair Employment. and Housing Commission to .implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.01 A(5), "Apprentices," of the Standard ..Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5,1777.6, and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all .Subcontractors shall submit one of the following: a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS". This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, ..enclosed with these specifications. b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. c. Proof of a Collective Bargaining Agreement .with the Joint Apprenticeship Committee providing for ...apprentices. One of the above. shall be submitted by the low-bidder to the City of Bakersfield with the signed contract documents. 5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000} for excavation of any trench or tenches five (5) feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions. to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer. If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms "Public Works," and "Awarding Body," as used in this section, shall havethesame meaning as in Labor Code Sections 1720 and 1722 respectively. A-15 5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed bythe Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative, may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such a manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authorityto suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, onto such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.19 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments," and Section 9-1.07, "PaymentAfter .Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.20 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.076, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. When any and all such causes are removed, certificates. shall be issued for amount withheld. The fifth paragraph in Section 9-1.078, "Final Payment and Claims," of the Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written recommendation thereon. A-17 5-1.25 SUBCONTRACTOR AND DBE RECORDS. The Contractorshall maintain records showing the name and business address of each first-tier subcontractor, The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollarfigure paid to each of the firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. The Contractor shall maintain these records for three years following the performance of the contract. The Contractor shall make these records available for inspection upon request by any authorized representative of the City, Caltrans or Federal Highway Authority. This reporting requirement also extends to any certified DBE subcontractor. Upon completion of the contract, a summary of these records shall be prepared on Form CEM-2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. $10,000 will be withheld from payment until the Form CEM-2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM-2402 (F) is submitted. Priorto the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also. obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms,. including owner-operators, for the leasing of trucks. The DBE who leases trucks ..from anon-DBE is entitled to credit onlyfor the fee or commission it receives as a result of the lease arrangement. The records must confirm thatthe amount of credit claimed toward DBE participation conforms with Section 2-1.14, "Disadvantaged Business Enterprise", of these special provisions. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM-2404 (F). 5-1..26 DBE CERTIFICATION STATUS. If a DBE subcontractor is decertified. during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM-2403 (F} indicating the DBE's existing certification status shall be ..signed-and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 5-1.27 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBEs listed bythe Contractor in response. to the provisions in Section 2-1.14B,''Submission of DBE Information", of these special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization from. the City to perform the work with other forces or to obtain the materials from other sources. Authorization to use other forces or sources of materials maybe requested for the following reasons: a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications r for the project, or on the terms of such subcontractor's or supplier's written bid, is .presented by the Contractor. b. The listed DBE becomes bankrupt or insolvent. c. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. ~d. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. A-19 This requirement shall not be construed to limit or impair .any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.31 DBE UTILIZATION. At the preconstruction conference, the City will discuss with the Contractor the work each DBE subcontractor will perform. Before work can begin on a subcontract, the Contractor- must submit to the City a completed "Subcontracting Request," Exhibit 16-B of the Local Assistance Program Manual (LAPM} or equivalent. When the City receives the completed form, the Citywill checked it for agreement of the firsttier subcontractors and DBEs. The Citywill not approve the "Subcontracting Request" when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be approved until all discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the City will require the Contractor to eliminate the subcontractor in question before the City will approve the "Subcontracting Request". A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed "Subcontracting Request". Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). The City will require -the Contractor and his subcontractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act {State Law} Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent. (0.5%} of the contractor's otal bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains hat -a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. During the construction of the.project, the City will give the Contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First`Tier Subcontractors". The Contractor mustcomplete this document at the end of the project and submit it to the City. The City may withhold payments to the Contractor until this report is filed with the City. The City will review this report to ensure that the DBEs listed on Exhibit 17-F conforms to those listed on the approved :Exhibit 16-B. The only allowable exceptions to those on Exhibit 16-B are those .authorized by an approved substitution, or if -the Contractor used more DBEs and they were added Exhibit 17-F. The dollar amounts reported on Exhibit 17-F should reflect any changes- made in planned work done by the DBEs. The Contractor will be required to explain in writing why the names of the subcontractor, the work items or dollar figures are different from what was shown on the "Local Agency Bidder DBE Information" when: • There have been no changes made by the City. • The Contractor has not provided sufficient explanation in the comments section of the completed Exhibit 17-F. A-21 PART B Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTIfJN I4. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS 4 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 I~'ederal funds will apply to such work. The "Required _ Contract Provisions, Federal-Aid Construction Contracts, 1. 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.----ln , ad- 3. Phone number of joint venture dition to the provisions in 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 WITH RE- MBE partner must complete Schedule A.) CARD TO THE PERFORMANCE OF .PREVIOUS :CON- . TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. ~No request for subletting or assigning any portion of the contract in ex- cess of $ l 0,000 will be considered under the provisions of a. Describe the role of the MBE firm in the jaunt 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 qualifcations of each non-MBE joint venturer: condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file _ a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded certifying that such person, firm, association or corporation has not, either directly or indirectly, entered~into 5. Nature of the joint venture's business any agreement,. 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 6. Provide a copy of the Joint venture agreement. certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, 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, 8.Ownership of joint venture: (This need not be filled in if Code of Federal Regulations applies to this Federal•aid project. Pertinent sections of said Cade are incorporated in part or in its described in the joint venture agreement, provided by entirety within other sections of these special provisions. . question G.}. .Schedule B--Information for Determining Joint Venture Eli- gibility } Revised 3.95 I 08.07.95 FR-1 ' Page 1263 Attachment A February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian. Contracts} Disputes within the meaning of this clause include disputes Pa a between the contractor (or any of its subcontractors) and the g contracting agency, the DOL, or the contractor s employees or I. General 3 their representatives. II. Nondiscnmination 3 III, Nonsegregated Facilities 5 6. Selection of Labor: During the performance of this lV. Payment of Predetermined Minimum V~age 6 contract, the contractor shall not; 8 V. Statements .and Payrolls VI. Record of Materials, Supplies, and Labor 9 a, discriminate against labor from any other State, posses- VII. Subletting or Assigning the Contract 9 sion, or territory of the United States (except for employment . ~ ,preference for Appalachian contracts, when applicable, as VIIL Safety: Accident Prevention 1.0 . specified in Attachment A}, or IX. False Statements Concerning Highway Project....... 10 X. Implementation of Clean Air Act and Federal Water b, employ convict Iabar for any purpose within the limits Pollution Control Act 10 of the project unless it is labor performed by convicts who are XI. Certification Regarding Debarment, Suspension; on parole, supervised release, or probation. Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds far II. NONDISCRIMINATION Lobbying 12 (Applicable to all Federal-aid construction contracts and to ATTACHMENTS ~ all related subcontracts of $10,000 ar mare.) A. Em to ment Preference for A alachian Contracts 1. E ual Em to meet '0 ortuni : E ual em to ment p y pp g ' p y uircmen snot to discriminate and to take (included in Appalachian contracts only) opportunity (EEn) req aff~rmattve action to assure equal opportunity as set forth under I. GENERAL laws, executive orders, rules, regulations (2$ CFR 35, 29 CFR 1630, and 4I CFR 60) and orders of the Secretary of l .These contract pro,~risions shall apply to all work per- Labor as modified by the provisions prescribed herein, and im- formed an 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 an the con- .activities under this contract. The Equal Opportunity tract by piecework, station work, or by subcontract. Construction Contract Specifications set, forth. under 41 CFR 60-4.3 and the provisions of the American D►sabiltties 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 compl ~ require their inclusion in any lower tier subcontract or with the following minimum specific requirement activities a purchase order that may in turn be made. The Required Contract EEO: Provisions. shall not be incorporated by reference in any case. a, The contractor wilt work with the State highway agency The prime contractor shall be responstble for compliance by any subcontractor or lower tier subcontractor with these Required (SHA) and'the Federal. Government in .carrying out EEO Contract Provisions. obligations and to their review of hislher activities under contract. 3. A breach of any of the stipulations contained in these Re- b The contractor will accc t as his o crating policy the gaited Contract Provisions shall be sufficient grounds for ~ p p termination of the contract. following statement: 4, A breach of the followin clauses of the Required Contract "It is the policy of this Company to assure that applicants Provisions ma also be rounds for debarment as provided in .are employed, and .that employees are treated during employ- y g ment, without regard to their race, religion, sex, color, na- 29 CFR 5.12: tional origin, age or disability. Such action shall include: Section I ara rah 2; employment, upgrading, demotion,. or transfer; recruitment or ' p g p recruitment advertising; layoff or termination; rates of pay or Section IV paragraphs 1, 2, 3, 4, and 7~ Section V,~paragraphs 1 and 2a through 2g. other forms of compensation; and selection for training, in- eluding apprenticeship, preapprenticeship, artd/ar o~-the job 5. Disputes arising out of the labor standards provisions of training." Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general 2. EEO Officer: The contractor will designate and make disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer who~wlll 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 Form 1273 --Revised 3.95 08-01.95 FR-3 Page 12-t;5 February 1,1998 Attachment B Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 7. 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 far 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- female employees. Actions by the contractor either directly or thorized representatives of the 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 following: 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 in 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 partunities for minorities and women; EE0 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- outregard 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 ofthe labor union except that to the ex- services of DBE subcontractors or 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 forth what efforts have been made to b. The contractors will submit an annual report to the SHA obtain such information. ~ each July for the duration of the project, indicating the num- ber ofminority, women, and non-minority group employees d. In the event the union is unable to provide the contrac- currently engaged in each work classification required by the for 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 FHWA-1391. If an-the-job training is being required by agreement, the contractor will, through independent recruit- special prov~szon, 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 (Applicable to all Federal-aid construction contracts and to has a collective bargaining agreement providing for exclusive .all related subcontracts of $10,000 or rnare.) referral failed to refer minority employees.) In 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 Executive Order l 124b, as or subcontract, or the consummation of this material supply amended, and these special provisions, such contractor shall agreement or purchase order, as appropriate, the bidder, immediately 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 Equipment. The contractor shall not facilities at any of rts establishments, and that the firm does discr~m~nate 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 are of subcontractors, including procurement of materials and l+,eases 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 of his/her EEO obligations under this contract, b~~ As used in this certification, the term "segregated facili- b. Disadvantaged business enterprises (DBE), as defined ties means any waiting rooms, work areas, restrooms 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 will use his best lots, drinking fountains, recreation ar entertainment areas, efforts to solicit bids from and to utilize DBE subcontractors transportation, and housing facilities provided far employees ' ~ or subcontractors with meaningful minority group and female which are segregated by explicit directive, or 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 for 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 1273 --Revised 3-95 08-07-95 FR-5 Page 12-b7 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E 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 recognized by the Bureau, withdraws approval of an apprenticeship program, b. If the contractor or subcontractor, as appropriate, does the contractor or subcontractor will no longer be permitted not make payments to a trustee or other third person, he/she to utilize apprentices at less than the applicable predeter- may consider as apart of the wages of any laborer or mechanic mined rate for the comparable work performed by regular the amount of any casts reasonably anticipated in providing employees until an acceptable program is approved. bona fide fringe benefits under a plan ar 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 (1) 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 for for the meeting of obligations under the plan or program. the work performed unless they are employed pursuant to and individually registered in a program which has Apprentices and Trainees (Programs of the U.S. DOL) .received prior approval, evidenced by formal certification and Helpers: by the DOL, Employment and Training Administration. a, Apprenti~es:~ ~ (2}.The. ratio of trainees to journeyman-level employees an the job site. shall not be greater, than permitted under the (I}Apprentices will be permitted to work at less than ~ plan approved by the Employment and Training Adminis- the predetermined rate far 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 is not registered and parttcipating in a training in a bona fide apprenticeship program registered` with the plan approved by the Employment and Training Adminis- DOL, Employment and Training Administration, Bureau of. tration shall be paid not less than the applicable wage rate Apprenticeship and Training, or with a State apprentice- on the wage determination far the classification of work ac- ship agency recognized by the Bureau, ar if a person is em- tually performed, In addition, any trainee performing work ployed in his/her first 90 days of probationary employment on the fob site in excess of the ratio permitted under the as an apprentice in such an apprenticeship program, who is registered program shall be paid not less than the applica- not individually registered in the program, but who has ble wage rate on the wage determination for the work actu- been certified by the Bureau of Apprenticeship and ally performed. Training or a State apprenticeship agency (where. appropri. 3} Ever trainee must be aid at not less than the rate ate} to be eligible for probationary employmentas an ap y p Prentice. specified in the approved program for his/her level of . progress, expressed as a percentage of the }ourneyman-level hour/ rate s ecified in the a licable wa a determination. (2} The allowable ratio of apprentices to journeyman- y p pp g level employees on the job site in any craft classification Trainees shall be paid fringe benefits in accordance with :,shall not, be greater than the ratio permitted to the contras- .the ,provisions of the trainee program. If the trainee or as to the ..entire work farce under the registered program. program does not mention fringe benefits, trainees shall be ~1ny employee listed an a payroll at an apprentice wage paid the full amount of fringe benefits listed on the wage rate, who is not registered or otherwise employed as stated .determination unless the Administrator of the Wage and above, shall be paid not less than the applicable wage rate Hour Division determines that there is an apprenticeship Listed in the wage determination for the classification of program associated with the corresponding ~aurneyman- work actually performed. In addition, any apprentice per- level wage rate on the wage determination which provides forming work on the job site in excess of the ratio permitted for less than full fringe benefits for apprentices, in which .under the registered program shall be paid not less than the case such trainees shall receive the same fringe benefits as .applicable wage rate on the -wage determination for the ~ apprentices. . work .actually performed. .Where a .contractor ar subcontractor is performing construction on a project in a (4} In the event the Employment and Training Adminis- l~calityother than that in which its program is registered, tration withdraws approval of a training program, the con- the ratios. and wage rates (expressed in percentages of the tractor or subcontractor will no longer be permitted to uti- journeyman-level hourly rate) specified in the contractor's tine trainees at less than the applicable predetermined rate 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 rate specified in the registered program for the apprentice's c. Helpers: level of progress, expressed as a percentage of the jour- neyman-level hourly rate specified in 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 on the accordance with the provisions of the apprenticeship pro applicable wage determination or is approved pursuant to gram. If the apprenticeship program does not specify fringe the conformance procedure set forth in Section IV.2. Any benefits, apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage rate, who is not ,benefits listed on the wage determination far the-applicable a helper under an approved definition, shall be paid not classification. If the Administrator for the Wage and Hour less than the applicable wage rate an 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. i l;orm 1273 -Revised 3.95 08.07-95 FR-7 Page 12-69 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E P5&E Checklist Instructions Attachment B c. Each contractor and. subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR 5.12. ~veek 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 LABOR Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period), 1.On all Federal-aid contracts an 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 para- protective devices at railroad grade crossings, those which are graph 2b of this Section V. This information maybe submit- constructed on a force account or direct labor basis, highway ted in any form desired. Optional Farm WH-34? is'availabie beautification contracts, and contracts far which the total bnal for this purpose and maybe purchased from the Superinten- construction cost for roadway and bridge is less than dent of Documents (Federal stock number 029-005-0014- l $1,000,000 (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 ~vith the list of specific materials and copies of payrolls by all subcontractors. supplies contained in Form FHWA-47, "Statement of Materi- alsand Lobar Used by Contractor of Highway Construction 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 orsub- under this contract. contractor or hislher~ agent who=pays or supervises.the :pay- . ~ . ment of the persons employed under the contract and shall b. Maintain a record of the fatal cost of all materials and certify the following: ~ supplies purchased for and incorporated in the work, and 1 that the a roll for the a roll eriod contains the also of the quantities of those specific materials and supplies O p Y p y, p listed on Form FHWA-47, and in the units shown on Farm information required to be maintained under paragraph 2b FHWA-47. of this Section V and that such information is correct and complete; c. Furnish, upon the completion of the contract, to the SHA (2) that such laborer or mechanic (including each helper, resident engineer on Form FHWA-47 together with the data apprentice, and trainee} employed on the contract during required in paragraph lb relative to materials and supplies, a the payroll period has been paid the full weekl wa es final labor summary of all contract work indicating the total y g hours worked and the total amount earned. earned, without 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 ail 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- . that the applicable wage rate and fringe benefits or cash TRACT equivalent for the classification of worked performed, as specified in the applicable wage determination;; incorpo- 1. The contractor shall perform with its awn .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- tion set forth on the reverse side of Optional Farm Wli-347 ignated by the State. Specialty items may be performed by sub- shaU 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, may be deducted from the total original contract price before computing.the amount_of work required to be performed by the f. The falsification of any of the above certifications may contractor's own organization (23 CFR 635}. subject the contractor to civil or criminal prosecution under 18 U.S.C.1001 and 31 U.S.C. 231, a. "Its awn organization" shall be construed to include only workers employed and paid directly by the prime con- g. The contractor or subcontractor shall make the records tractor and equipment owned or rented by the prime cantrac- requiredunder paragraph 2b of this 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 DOL, and of the prime contractor. shall permit such representatives to interview employees during worktng hours on the dab. 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 ordinarily available in the type of con- afterwritten notice to the contractor, sponsor, applicant, or tracting organizations qualified and expected to bid on the owner, take such actions as may be necessary to~cause the contract as a whale and in general are to be limited to minor .suspension of any further payment; advance, ar 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 R E Form 1273 ---Revised 3-95 ~ 08.07.95 FR-9 Page ~12-71 February 1,1998 S i Local Assistance Procedures Manual _ EXHIBIT 12•E PS&E Checklist Instructions Attachment B for the contract is under consideration to be listed on tl~e EPA g. The prospective primary participant further agrees by List of Violating Facilities. ~ submitting this proposal 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•LowerTter Covered Transac- requirements of paragraph l through 4 of this Section X in every tion," 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 all solicitations far lower tier quirements. covered transactions. ti 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 eyed 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 may decade the method and frequency by which it determines Transactions: the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the (Applicable to all Federal-aid contracts - 49 CFR 29) "Lists- of-Parties Excluded From Federal Procurement or Nonprocurement Programs:" (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. Nothing 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 partic- 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 explanation 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 r transaction. However, failure of the prospective primary knowingly enters into a lower tier 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 from participation in this transaction, in addition to transaction. .other remedies available o the Federal Government, the de- partment oragency may terminate this transaction for cause or c. The certification in this clause is a material representa- default. tion of fact upon which reliance was placed when the depart- ment or agency determined to enter into this transaction. If it ~ * ~ is later determined that the prospective primary participant knowingly rendered 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- of its knowledge and belief, that it and its principals; .mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary a. Are not presently debarred, suspended, proposed for participant learns that its certification was erroneous when debarment, declared ineligible, or voluntarily excluded submitted or has become erroneous by reason of changed from covered transactions by any Federal department or circumstances.. agency; e. The terms covered transaction, debarred, suspended, b. Have not within a 3-year period preceding this ineligible, lower tier covered transaction, participant, proposal been convicted of ar had a ctvil lodgment ren- 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 or performing a public (Federal, State or local) transaction sections of rules implementing 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 proposal 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 Lower 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 lb of this certification; and participation in this covered transaction, unless authorized by the department or agency entering into this transaction, Form 1273 --Revised 3.95 08.07.95 FR-11 Page 12.73 February 1,1998 Local Assistance Procedures Manual EXHIBIT.12-E PS&E Checklist Instructions Attachment B 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, Djsciosure 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 ian- which reliance was placed when this transaction was made or guage of this certification be included in all lower tier subcon- entered into. Submission of this certification is a prerequisite tracts; which exceed $140,000 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`gaahs for. female utilization: SMSA Counties: . 6920 Sacramento; CA.: 1 b. l Goal -for Women CA Placer; CA Sacramento; {applies nationwide) ..............(percent) 6.9 CA Yolo. The following are goals for minority utilization: Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CALIFORNIA EC~NQMIC AREAS CA Nevada; CA Sierra; CA Sutter; CA Yuba. Goal (Percent) 178 Stackton-Modesto, CA: 174 Redding, CA: SMSA Counties: - . Non SMSA Count ies b.8 5170 Modesto, CA........................................... 12.3 CA Lassen; CA Modoc; CA Stanislaus. CA Plumas; CA Shasta; 8120 Stockton, CA 24.3 CA Siskiyou; CA Tehama. CA San Joaquin. Non-SMSA Counties.: 19.8 175 Eureka, CA: CA Alpine; CA Amador; Non-SMSA Counties CA Calaveras; CA Mariposa; b.6 CA Merced; CA .Tuolumne. CA Del Norte; CA Humboldt; CA Trinity. 179 Fresno-Bakersfield, CA: 17b San Francisco-Oakland-San Jase, CA: SMSA Counties: ` 0680 Bakersfield CA.: 19.1 SMSA Counties: CA Kern: 7120 Salinas-Seaside- . 2840 Fresno, CA 2b.1 Monterey, CA 28.9 CA Fresno. CA Monterey:: Non-SMSA Counties 23.6 7360 San Francisco-Oakland, CA 25.6 CA Kings; CA Madera; CA Alameda;. CA Contra Costa; CA Tulare. CA Morin; CA' San Francisco; CA San Mateo. 180 Los Angeles, CA: 7400 San Jose, CA... 19.b CA Santa Clara. SMSA Counties: 7485 Santa Cruz,: CA 14.9 03b0 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 17.1 Beach, CA...................................:.................... 28.3 CA Napa; CA ;Solano 'y CA Los Angeles. . ~ 6000 Oxnard-Simi Valley- Non•SMSA Counties 23.2 Ventura, CA........:........................................... 21.5 CA Lake; CA Mendocino; CA Ventura. CA San Benito. Form 1273 -Revised 3-95 F: U8-07-95 FR-13 Page 12-75 February 1,1998 General Decision Number CA000032 Superseded General Decision No. CA990032 State: California. , Construction Type: BUILDING -e DREDGING HEAVY HIGHWAY County (ies) KERN BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS does not include oil well drilling or water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/11/ZOOo 1 04/14/2000 2 06/09/2000 3 06/16/2000 4 ~ 06/30./2000 5 07/28/2000 6 08/11/20.00 7 08/18/2000 8 08/25/2000 9 ~ 09/08/2000 l0 09/29-/2000 11 10/20/2000 CA000032 - 1 10/20/2000 ~CARP0002B 07/01/2000 Rates Fringes DIVERS: Diver, wet 470.08 per day 6..38 Diver, stand-by 235.04 per day 6.38 Diver tender 227.04 per day 6.38 CARP0002Q 07/01/1999 Rates Fringes DRYWALL INSTALLERS: Work on wood-framed apartment buildings under 4 stories 19.00 6.33 All other work ~ 25.75 6.33 DRYWALL STOCKER/SCRAPPER 10.00 5.32 cARPOOO2z o7/0l/2000_ Rates Fringes CARPENTERS: Carpenter, cabinet installer, insulation installer, f loom worker and acoustical installer Hardwood Floor Worker 26.18 6.38 Shingler 26.31 6..38 Roof loader of shingles 18.42 6.38 Saw filer 26.26 6.38 Table power saw operator 26.28 6.38 Pneumatic nailer or power stapler 26.43 6.3.8 Millwright 27.25 6.38 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 26.88 6.38 Head rockslinger 26.98 6.38 Rock barge or scow 26.78 6.38 Scaffold builder 21.00 6.38 FOOTNOTE: Work of forming in the construction of open cut sewersor storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench. against which concrete is poured, namely, as a substitute for back forms which work is performed by piledrivers}: $0.13 per hour additional. - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - r - CARP0003H 07/01/1999 Rates Fringes MODULAR FURNITURE INSTALLER 13.08 3.98 CA000032 - 3 10/20/2000 Remainder of County: Electrician 24.34 5.8% +6.30 Cable Splicer ~ 26.?7 5.8% +6..30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . w . . . . ~ . . ELEC1245A 06/01/2000 , Rates Fringes - LINE CONSTRUCTION AND OUTSIDE UTILITY TRANSMISSION W Line worker; Cable splicer 31.26 4.5% + 7.35 Powder worker 29.70 4.5% + 7.46 Ground erson 20.32 4.5% + 7.58 p Equipment specialist (operates crawler tractors, commercial motor vehicles,, backhoes,. trenchers, cranes X50 tons and below}, and overhead and underground distribution line .o e i merit} 26.57 4.50 + 7.07 ~P , Line worker, welding 32.82 4.5% + 7.53 SCOPE OF WORK: outside work on electrical transmission lines, switchyards All and substations, and outside work in electrical utility ' ion s stems owned, maintained and operated by electrical distribut Y utilit com anies, municipalities, ar governmental agencies. y p ELEV000$C 08/O1/2000 , Rates Fringes ECHANIC 41.845 7.1.95 ELEVATOR M FOOTNOTE: Vacation Pa 8% wlth~ 5 or more ~ years -of sereice, 6 o for 6 y months to 5 years service. Paid Holidays: New Years Day, vial Da Inde endence Day, Labor Day, Thanksgiving Day and Memo y, P Friday after, and Christmas Day. ENGI0012C 07/01/2000 , Rates Fringes POWER EQUIPMENT OPERATORS: 26..25 9.85 GROUP 1 :GROUP 2 27.0.3 9.85 - GROUP 3 27.32 9.85 GROUP 4 28...21 9.85 GROUP 5 28.43 9.85 GROUP 6 29.53 9.85 GROUP 7 28.54 9.85 GROUP 8 ~ 29.64 9.85 GROUP 9 2.8.66 9.85 GROUP 10 29.76 9'85 CA000032 - 5 10/24/2000 concrete plant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary Heating plant operator, trenching machine oiler GROUP 3: Asphalt-rubber blend operator, equipment greaser {rack), Ford Fer uson (with dragtype attachments}, helicopter radio g (ground}, stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini-max or similar type), boring machine operator, bcx or mixer {aspha t or concrete}, chip spreading machine operatoY-, concrete cleaning decontamination machine operator, concrete pump operator (small ✓ ortable), drilling machine operator, small auger types (Texoma P super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cableway si Hal., h dra-hammer-aero stomper,-power concrete curing machine g Y o erator, power concrete saw operator, power-driven jumbo form P setter operator, power sweeper operator, roller operator (compacting), screed operator {asphalt or concrete}, trenching machine operator { up to 6 f t . ) GROUP 5: Equipment greaser {grease truck/mufti-shift) GROUP 6: Asphalt plant engineer, batch plant operator, blt spar ever, concrete joint machine operator (canal and Simi-far P type), concrete planer operator, deck engine, operator, derrick (oilfield type), drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watscn 1000 auger or similar t es - Texoma 330, 500 or 600 auger or similar types - ~ drilling depth of 45' maximum}, drilling macr~lne operator includin water wells incidental to building, heavy or highway { g construction), hydrographic seeder machine operator (straw,. pump or seed), Jackson track maintainer, or similar type, +►~alamazoo switch tam er or similar type, machine tocl operator, Maginnis P internal full slab vibrator, mechanical bean, curb or gutter (concrete or asphalt) , mechanical f ini~sher operator (concrete, Clary-Johnson-Bidwell or similar), pavement breaker operator .(truck mounted}, road oil mixing machine operator, roller o erator as halt or finish}, rubber-tired earth moving equipment P { P (single engine, up to and including 25 yds. struck), self- ro elled tar ipelining machine operator, skiploader operator p p P (crawler and wheel type, over 3/4 yd. and up to and including 1- 1/2 ds.}, slip form pump operator (power driven hydraulic Y ~ o erator - bulldozer, lifting device for concrete forms), tractor p tamper-scraper {single engine, up to 100 ~~.p. flywheel and similar types, up to and including D-5 and similar types),,tugger hoist operator (1 drum}, ultra nigh pressure water~et cutting ~ tool system operator, vacuum blasting machine operator GROUP 7: Asphalt or concrete .spreading operator (tamping. or finishing), asphalt paving machine operator (Barber Greene or similar type}, asphalt-rubber distribution operator, backhoe operator (up to and including 3/4 yd:}, small Ford, Case or similar, cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite work}, compactor operator CA000032 - 7 10/20/2000 operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi-engine), pipe mobile machine operator, rubber-tired earth-moving equipment operator {multiple .engine, .Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber-tired self-loading scraper operator (paddle-wheel-auger type self-loading - two (2} or more units) GROUP 12: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional}, wheel excavator operator GROUP 14: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine - up to and including 25 yds. struck} GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. .struck.} GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem tractor. operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber-tired.earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck} GROUP 18: Rotex concrete belt operator (or similar types}, rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units -single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over ~ 25 yds.and up to and including. 50 cu. yds. struck}, rubber-tired k earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. .struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating in tandem {scrapers, belly dumps and similar types in cAOOOO32 - 9 10/20/2000 hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline,. clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 .drum) GROUP 8: Crane operator (up to and including 25 ton capacity}; Crawler transporter operator; Derrick barge operator {up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, .dragline, clamshell operator {.over 7 cu. yds. mrc ) GROUP 9: Crane operator {over 25 tons and up to and including 50 tons mrc}; Derrick barge operator.{over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc}; K-crane operator; Polar crane operator GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc}; Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc}, Mobile. tower crane operator (over 50 tons, yap to and including 1H tons M.R.C.); Tower crane operator .and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc);. Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick ~u or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator {over l00 tons up to and including 200 .tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc}; Derrick barge operator (over 200 tons up to and including 300 tons mrc}; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and :including 300 tons mrc}; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons}; Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type.,{over 300 tons).; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment} GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorpers~n (up to ar~d includir~g 10 tons } CA000032 - 11 10/20/2U00 GROUP 2 18.58 9.49 GROUP 3 18.78 9.49 GROUP 4 19.83 9.49 GROUP 5 20.03 9.49 TUNNEL LABORERS: GROUP 1 21.09 9.49 GROUP 2 21.21 9.49 a GROUP 3 21.37 9.49 GROUP 4 21.65 9.49 GUNITE LABORERS: GROUP 1 20.89 11.43 GROUP 2 19.94 11.43 GROUP 3 16.40 11.43 HOUSEMOVERS~tONLY WHERE~HOUSEMOVING ~IS INCIDENTAL TO A CONSTRUCTION CONTRACT): Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above-the .foregoing. applicable classificationrates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per~hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. ,Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of ..structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" .above base level, that work performed above the 75'-0" level shall be compensated for at 35 :cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing;. Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris .handler; Flag person; Gas, oil and/or water pipeline ~ .laborer; Laborer, asphalt-rubber. material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; :Material hose operator twalls, slabs, floors and decks}; Plugging, filling of shee bolt holes; Dry packing. of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Slurry seal crew (mixer CA000032 - 13 10/20/2000 the conveying of any ; Lance or element , whether water, sewage , solid gas, air, or c~.~r product whatsoever and without regard to the nature of material-from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast; Welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether 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 TEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; 8u11 gang mucker, track person.;. Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and .switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, 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; Jackleg miner; Jumbo person; Kemper and other. pneumatic concrete placer operator; N~iner, tunnel (hand or machine); Nozzle person; Operating of trowe~.i~g and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete~person,;, St-eel form raiser and .setter; Timber person, retimber person, ~ wood or steel; Tur~:~el Concrete finisher 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 oa/o2/2000 Rates Fringes PLASTERER TENDER: Edwards Air Force Base; Elk Hills CA000032 - 15 10/2Q/2000 broom sweeper CROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036C 08/01/2000 Rates Fringes PAINTERS (includes lead abatement}: a Work on service stations and and car washes; Small new commercial work (defined as construction up to and including 3 stories in heights such as small shopping centers, small ..stores, small office buildings and small food establishments}; Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt-up buildings); Repaint work ~def fined 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 cf hotel service, and sports facilities) ; Tenant improvement. :work- ~def fined as tenant C improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects .17.80 5.52 All other work 19.90 5.52 PAIN0036J 10/01/1999 Rates Fringes DRYWALL FINISHER: Work on wood frame structures 18.00.. 3.71 All other work 21.25 6.88 - - - - .w . . - r - r r . - . - - . - - . - - - - r - - - . . - - - - - - - - ~ - - . - - - ~ - - - - - - - - r - - - r PAIN0169B 07/01/2000 CA000032 - 17 10/20/2000 troweling machine operator 21.06 10.83 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0.25 per hour additional. • PLUM0355C 07/01/2000 Rates Fringes LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 22.00 5.55 PLUM0460B 01/01/2000 Rates. Fringes PLUMBER; STEAMFITTER; REFRIGERATION: Encompasses all the central valley: Bakersfield, Lamont, Arvin, Frazier Park, Taft, Shafter, Wasco, McFarland and Deleano 22.67 8.87 Encompasses Kernville, Tehachapi, _ Lake Isabella, Mohave, Monolith 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 Centerand Ridgecrest 27.67 8.87 FOOTNOTE: Work from a swinging scaffold, swinging basket, spider or from a bosun crair: 10% above the regular rate of pay for that day. ROOF0027A 09/01/1998 Rates Fringes ROOFER 20.15 6.30 FOOTNOTE: Work with pitch, p~.tch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application 1 of a built-up roof or tear off : $2.00 per hour add.i.tional . SFCA0669G 04/01/2000 Rates Fringes SPRINKLER FITTER tFIRE~ ~ 27.35 5.95 - CAOCOC32 - 19 1C/20/2000 GROUP 5 20.60 11.89 GROUP 6 20.72 11.89 GROUP 7 20.97 11.89 GROUP 8 21.22 11.89 GROUP 9 21.42 11.89 GROUP 10 21.72 11.89 GROUP 11 22.22 11.89 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck-mounted ,broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason .distribution truck; .Fuel truck driver; Water truck - 2 axle; Dump .truck, less than 16 yds. water level.; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds.~water level GROUP 5: Water truck, 3 or .more axles; Truck greaser and tire erson (.$0.50 additional for .tire person; Pipeline and utility P workin truck driver, including winch truck and plastic fusion, g . limped to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or lmore; Dumpcrete truck,.. 6-1/2 yds. wa-ter level and over; Vehicle or combination of vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water .level GROUP 7: A Frame,...Swedish crane or similar; Forklift driver; -.Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds..water level; Truck repair person; Water pull - single engine;, Welder GROUP 9:-Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single. engine .with attachment GROUP 11: Water pull -twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. CA000032 - 21 10/20/2000 interested party's position and by any information (wage paymen data, project description, area practice material, etc. that tre r.equestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board}': Write to: Administrative Review Board b~ U. S . Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.} All decisions by the Administrative Review Board are final. END OF GENERAL DECISION CA000032 - 23 10~20~2000 --ETAi► OF CALIFORNIA • DEPAR~.MENT OF ~ ~1SP~}RTATION ENCROACHMENT PERMIT " Permit No. TR-0120 (NEW 5/92) 0698-NUT-1056 Dist/Co/Rte/PM In comp{lance with (check one : 06-KER- 58-KP 85.9Z (PM 853.39} X Your application of December 4, 1998 ae _ Utility Notice No. of June 1, 1999 Fee Pai Deposit _ Agreement No. of $ EXEMPTED $ 0.00 Pe ormance Bon Amount (1) Payment Bon Amount (2) R/W Contract No. of $ NIA $ NIA Bond Company Bond Number ll) Bond Number t1j T City of Bakersfield . 1501 Truxton Avenue Bakersfield, Ca. 93301 ATTN: Ryan Starbuck PHONE: X805}-326-3995 ; PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: Dry bore approximately 154m of o.14m ~4"} PVC conduit and o.30m X12") SLT Casin in the existin 9 g utility .opening in the "H" S#reet OC. #KO.4o4 as shown on the attached and approved plan. I. NOTICE PRIOR TO STARTING WORK: Permittee shall notify the Department's Re resentative, two 2 da s . P Y in .advance of the intent .to began work under this permit. Caitrans Permits Field Engineer RON VANCE X805)395-2576 Caitrans Electrical Supervisor CLIFF TERRY {805)395.2595 The foNowing attachments are also included as part of this permit. In addition to fee the permittee will be billed {Check app6cable)r actual costs for. X Yes _ No General Provisions Yes X No Review " Yes X No Utility Maintenance Provisions X Yes No Inspection Yes X No Special Provisions X Yes Field Work - X Yes No A Col-OSHA permit required prior to beginning work; # If any excavation is deeper than 5'. {If any Caitrans effort expended) Yes X No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before December 31 1999. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. RSC(7), (7) APPROVED; cc: D0, RWV, STM (2), R1W Utilities Harold Herr (HQ Strut. Maint.) attach: T-11, TR-0163, Plans • Barf Bohn Director District 6 -Central Re ion BY: Ray Chopra P.E., Permit Engineer Phone: (805) 862-5180 Kevin 1. Br ief P mit Bran Page 1 of 4 ~ A STATE OF CALIFORNIA • DEPAR~ NT OF TRANSPORTATION ENCROACHMENT PERMII~ RIDER TR-0122 (REV. 5192) Collected By Permit No. (Original) 0698-NUT-1056 Rider Fee Paid DistICalRtelKP (PM) $ EXEMPT 061KERl 58185.92 R53.39 Date Rider Number Janua 3, 2000 0699-6RT-1123 PERMIT EXPIRES T0: ~ ~ ~ July 31.2000 City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93308 ATTN: Ryan Starbuck PHONE: (661 } .326-3724 ~ , PERMITTEE Incompliance with your request of December 28, 99 we are hereby amending. the above numbered encroachment permit as follows: Date of completion extended to: July 31, 2000 (original Permit expired December 31,1999). NO FURTHER CHANGES ri-~~-n ~~r~ Exce t as amended, all other terms and ~ rovisions of the on final ermit shall remain in effect. RSC (1) (0) APPROVED: Cc: D0, RUUV, STM (2) Permit File # 0698-NUT-1056 BART BORN, Director, District fi -Central Re ion Attach: Copy of Permit 0698-NUT-1056 BY: ~ Ray Chopra P.E., Permit Engineer (661)862-5180 KEV ~b~Dl , ,Chief, Distric -Permit Branch NAME: C'~y of 6akersfie{d . PERMIT 0698•NUT•1056 DATE: June i, i 999 II. AUTHORIZED CONTRACTORS: Your prime contractor will be issued an encroachment permit to do the work upon submittal of following items to the Office of Permits, Department of Transportation, 1352 West Olive Ave., P.O. w Box 12616, Fresno, CA 93778, Ph: (559} 48&4058. 1. A ~ Standard Encroachment Permit Application. 2. Cer ' 'sate of Liability Insurance naming the State, its Officers & Employees as additional insuxed provided by a company authorized to transact business in the State of California. 3. Deposit of $350.00 for inspection by CALT:RANS Field Engineer. The deposit allows for 1 hour of review time and 4 hours of Caltrans inspection. If less hours are used, the Contractor will be refunded the difference. If more hours are required, the Contractor will be billed for the difference. ~ _ Any Contractor or Sub Contractor not named in this permit or the Pertnittee's Approved Contractors List, ~is required to apply for and obtain an encroachment permit prior to starting work in the State right-of-way. THE WORK INCLUDED tN THIS PERMIT WI_ THIN _THE STATE , RiGHT•QF WAY + SHALL BE ACCOMPLlSHf D !N .STRICT ACCORDANCE WITH TAE. ATTACHED "DEPART~lE.~'i' QF TRANSPORTATION ENCROACHMENT PER~II~' GENE A~. ~RC3VI~l~JN~S_T~-O~~EI~~ 10/~8~_IN GENERAL AND THE FOLL~WtNG IN PARTICULAR: CONSTRUCTION SIGNS: Permittee shall install and maintain construction zone signs whenever work is being performed within the State right-of-way. TRAFFIC CONTROL HOURS & LANE CLOSURE; Whenever there is work within six feet of a traffic lane, the permittee shall close the Zane by plating appropriate advance signs, fla trees, g reflective cones and furnish all necessary safety devices including flagmen and flashing arrow boards, to properly protect and duect highway traffic. Atl work in this permit should be accomplished between the hours of 900 am and 3:00 pm on a regular work day from MONDAY-FRIDAY, or as otherwise authorized by the Caltrans Field Representative. . P NO WORK SHALL BE ACCOMPLISHED IN STATE RIGHT OF 1NAY DURING INCLEMENT . WEATHER CONDITIONS. The full width of the traveled way shall be opened for use b ublic traffic on ~ Saturda s, Sunda s an i y p y y d .des grated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated Iegal holidays, and when construct2on operations are not actively ~n progress. • tl Designated legal holidays are: January 1st, the third Monday in January, the third Monda in Y February, the Iast Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the day after, and December 25th. When a designated legal holiday falls 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. Lane closures shall conform to the attached Department of Transportation Standard Plan No. T•i 1 "Traffic Control System for Lane Closure On Multilane Conventional Highways" andlor the ' applicable provisions in the "Manual of Traffic Controls fior Construction & Maintenance Work Zones" .dated July 1996. SURVEY .MONUMENTS:.. In addition to the requirements of Department of Trans ortation Standard 5 afications ul ~ p pe j y 1995, Secuon 7-1.11, 'Preservation of Property' and Section 8771, Business and Professions Code, the permittee shall physically inspect the work site and locate survey monuments prior to commencement of work. Monuments shall be referenced or reset in accordance with the requirements of the Business and Professions Code. Pcge 2 of 4 . • ~ • NAME. City of Bokenfield . ' PERMIT Cb98-N~~'-1 Q~b DATE; June i,1 y~9 "If feasible, monuments should not be set within the traveled way. All monuments that must be set or perpetuated in paved surfaces, shall be constructed in accordance with Caltrans Standard Spe ' 'cations Section $1, "Monuments" & standard Plan A74, Type D, or equal with prior approval of the District Surveys Engineer." "Co ies of Corner Record filed or Record of Survey recorded in compliance with ~ the Business & P Professional Code shall be forwarded to the District Surveys Engineer." PIPES CONDUITS & UNDERGROUND FACILITIES: Pipes, conduits and underground facilities within the State ri t-of-wa shall be installed in accordance with the applicable portions of Caltrans ~ y . Standard Speafications, July 1995, and the attached sections UG1 through UG22, Caltrans Encroachment Permit Underground Utility Provisions, TR-0163 (revised 8/98). EXISTING PAVEMENT: Existing pavement edge shall be saw cut to achieve a smooth straight edge with no raveling or cracking. All edges of existing AC shall be cleaned and a -coat of asphaltic emulsion (paint binder) shall be applied prior to placement of permanent paving. Other pavement joint methods shall be approved by the engineer. . Existing pavement thickness shall be matched if greater than minimum. Excavated material may be used for. backfill provided it meets tre criteria spe ' 'ed in Section 19-3.06 of Caltrans Standard Spe ' 'cations, dated )uly 1998. SAW-CUT: AC pavement shall be sawcut to achieve a smooth, .straight, square edge with no raveling or cracking unless another means is approved by Caltrans Engineer. EXCAVATION AND BACKFILL: Excavation and backfill not spe ' 'ally covered by these provisions :shall be governed by applicable provisions of section 19 "Earthwork" of Caltrans Standard ..Spe ' 'cations dated July 1995. Prior to placing successive structural layexs, each Iayer shall be graded and compacted, and shall meet the grading tolerance spe ' 'ed by the appropriate provision of Caltrans Standard Specifications, dated July ]995. Suffiaent water shall be mixed with backfill material to insure compliance with compaction requirements. At locations whexe an existing water supply is not available, a water truck with suffaent capaaty shall be on the job and in use at all, times. that ~ backfill is being performed. Pon .ding .and or jetting of backfill is strictly prohibited. TRENCHfNG: Trenching may be performed by use of any commeraally constructed trenching equipment. Any trencher that causes undue damage to existing .pavement or highway facilities during operations shall not be allowed to continue and shall be removed from the right of way. TRENCH COMPACTION: Compaction shall be in accordance with State Standard Spe ' 'cations, section 19-3.09, with a relative compaction of 95%, per test CAL 231 and 216 part "B", to 2.5 feet below finished grade. Test results shall be supplied to Caltrans inspector before paving is started ancUor as requested by Caltrans Inspector. MISCELLAl1lEOUS: All cost incurred for work within State right of way pursuant to this Encroachment Permit shall be borne by the Permittee, and the Permittee hereby waives all clauns for indem ' 'cation or contribution from the State for ,such work. Pexmission is granted to access the work areas from the State right-of-way. Equipment and vehicles may be parked within. the right-af-way, ~ however at no time shall the equipment be parked ~at any position near the traveled way which could cause a traffic or potential traffic problem. Equipment . and vehicles shall be placed as far from the edge of traveled way as possible. Work shall be left in a clean, well groomed condition as directed by Caltrans Engineer or Inspector. Location markers axe to be placed neax the right-of-way as possible. Any work not covered by plan or conditions of this permit shall be completed in accordance with current Caltrans Standards as directed by Caltrans Field Representative. Page 3 of 4 r ► ~ NAME: City of Bokersfield ~ ~ . PERMIT #:0698-NUT-1056 DATE: Jung 1, i 999 ' All Personnel workin within the State Highway right-of-way shall wear the required orange vest, g jacket or shirt. DAMAGES: An dams es to rivate or public facilities shall be immediately reported to- Caltrans x. y g P Re resentative and re aced or replaced to Caltrans Standards andlor the facility owner requirement, p p Permittee shall be res onsible for locating and protecting all at the expense of the Permittee. The p under ound facilities that ma be in work areas. Before any excavation the permittee shall call gr y USA .UNDERGROUND ALERT PHONE # 1-800-fi42-2444. • k on this ermit constitutes full agreement and acceptance of all CONDITIONS. Beginning wor p conditions mentioned above. . , . P . . Pace 4 of 4 ~ . STATE OF CALiFOR:~'IA, DL1'~1RT111EI F TRANSPORTATION Specifications fi ffic control systems. These General Provisions ENCKOACIi11EN'T I'ER:111T GENERAL ...OVISIONS are not intended .,~ipose upon the permittee, by third parries, any TR•OOaS (ItEV. 10/9S) ~ duty or standard of care, greater than or different from, at required by law. AUTHORITY: The Department's authority to issue encroachment permits is proti•iJcd under, Div. 1, Chpt. 3, An. 1, Sect. 660 to 734 of 15. AiINIIVtUM INTERFERENCE WITH TRAFFIC: Permittee shall the Streets and Hi;~h~~•ays Code: plan and conduct work so as to create the least possible inconvenience to the traveling public• traffic shall not be 1. RE~'OC.1TI0►~': Encroachment permits arc revocable on fi~•e days unreasonably delayed. On conventional highways, permittee shall notice unless othrnrise siatrd on the permit and except as pro~•ided place properly attired flagger(s} to stop or warn the traveling public by lati~• for public• corporations, franchise holders, and utilities. These in compliance with the Manual of 'Traffic Controls and Instructions to General Pro~•icions and the Encroachment Permit Utility Pru~•isions Flaggers Pamphlet. are subject to modification or abrogation at any time. Permittees' joint use agreernenis. franchise rights, reserved rights or an}• other l6. STORAGE OF EQUIP?11ENT A1tD 1`~iATERIALS: Equipment and agreements for operating purposes in State highway right of way are material storage in State right of way shall comply with Standard exceptions to this revocation. Specifications, Standard Plans, and Special Provisions. Whenee~er the permittee places an obstacle within 3.63 m (12') feet of the traveled 3. DENI.~L FOR 11O~'PAYAIENT OF FEES: Failure to pay I►ermit way, the permittee shall place temporary railing (Type K). fees when; due can result in rejection of future applicatiot;s and denial of permits. 17. CARE OF DRAINAGE: Permittee shall provide alternate drainage . ~ for any work interfering with an existing drainage facility in 4. ASSIGti~iEN~r. No parry other than the permittee or permittee s compliance with the Standard Specifications, Standard Plans and/or authorized agent is allowed to work under this permit. as directed by the Department's representative. S. ACCEPTA,~'CE OF PRO~•7SIONS: Permittee understands and 18. RESTORATION AND REPAIRS IN RIGHT OF tiVAX: Permittee agrees to accept these General Provisions and a!1 attachments to this is responsible for restoration and repair of State highway right of permit, for any ~r•ork to be performed under this permit. way resulting from permitted work (State Streets and Highways Code, Sections 670 et. seq.). 6. BEGII~t;~tI'~G OF «'ORK: When traffic is not impacted (see Number 3~), the permittee shall notify the Department's 19. RIGHT OF WAY CLEAN UP: Upon completion of work, representative. tn•o days before the intent to start permitted permittee shall remove and dispose of all scraps, brush, timber, work.. Permittee shall notify the Department's Representative if the materials, etc. off the right of way. The aesthetics of the highway work is to be interrupted for a period of five (S) days or more, unless shall be as it was before work started. othenvise agreed upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise 20. COST OF WORK: Unless stated in the permit, or a separate written specified in this permit. agreement, the permittee shat} bear all costs incurred for work u7thin the State right of way anu waives all claims for STANDARDS OF COi1STRUCTION: All work performed within indemnification or contribution from the State. high~~•av right of ~~•av shall conform to recognized construction .standards and current Department Standard Specifications, 21. ACTUAL COST BILLING: When specified in the permit, the Department Standard Plans High and Low Risk Facility Department will bill the permittee actual costs at the currently set Specifications, and L~tility Special Provisions. Where reference is hourly rate far encroachment permits. ,made to "Contractor and Engineer," these are amended to be read as Permittee and Department representative." 11 AS•BLrILT PLANS: When required, permittee shall submit one (1) set of as-built plans in compliance with Department's requirements. 8. PLAN CH.~.NGES: Changes to plans, specifications, and permit Plans shall be submitted within thing (30) days after completion and provisions are not allowed without prior approval from the State approval of work. representati~•e. As-Built plans or accompanying correspondence shalt not include 9. LtiSPECTION AN'D APPROVAL: All work is subject to disclaimer statements of any kind. Such statements shall constitute monitoring and inspection. Upon completion of work, permittee 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 be cause for bond or deposit retention .Department. The local agency permittee shall not ~ give final by the Department. construction approti•ai to its contractor until final acceptance and agpraval by the Department is obtained. 23. PERAiIT5 FOR RECORD PURPOSES ONLY :When work in the right of way is within an area under a Joint Use Agreement (JUA) or 10. PER'~IIT AT ti~ ORhSITE: Permittee shall keep 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 permittee for the purpose of providing a notice and to and Department representative or law enforcement officer. If the record of work. The Permittee's prior rights shall be preserved permit package is not kept and made available at the work sue, the without the intention of creating new or different rights or K~ork shall be suspended. obligations. "Notice and Record Purposes Only" shall be stamped across the face of the permit. lI. CO;v'FLICTING ENCROACHMENTS: Permittee shaii yield start of work. to ongoing, prior authorized, work adjacent to or within the 24. BONDING: The permittee shall file bond(s), in advance, in the limits of the project site. When existing encroachments conflict with amount se7 by the Department. Failure to maintain bond(s) in full new work, the permittee shall bear all cost for rearrangements, force and effect will result in the Department stopping of all work (e.g., relocation. alteration, removal, etc.). and revoking permit(s). Bonds are not required of public corporations or privately owned utilities, unless permittee failed to 12. PERa1iITS FR0~1OTHER AGENCIES:This permit is invalidated .comply with the provision and conditions under a prior permit. The tf the permittee has not obtained all permits necessary and required surety company is responsible for any latent defects as provided in by law, fmm the Public Utilities Commission of the State of California Code of Civil Praeedures Section 337.15. Local a~encv California (PLC), California Occupational Safety and -Health permittee shall comply with requirements established as folloi~►s: In Adinintstratt~m (Cal-OSHA), or any other public agency having recognition that project construction work done on State progeny will jurisdiction. not be directly funded and paid by State, for the .purpose of protecting stop notice claimants and the interests of State relative to 13. PEDESTRI.~►\ AND BICYCLIST SAFETY: A safe minimum successful project completion, the local agency permittee agrees to passage~~•ay of 1.?I meter (4') shall be maintained through the work require the construction contractor furnish both a payment arid~ area at existin: pedestrian or bicycle facilities . At no time shall performance bond in the local agency's name with both bonds pedestrians ~ di~•ened onto a portion of the street used for vehicular complying with the requirements set forth in Section 3.1.0? of State's traffic. At ln<•:itions where sale ahernate passagetivavs cannot be current Standard Specifications before perfornung any project pro~•ided, appropriate signs and barricades shall be installed at the construction work. The Local agency permittee shall defend, Iimits~of ~on~truction and in advance of the limits of construction at indemnity, and hold harmless the State, its officers and employees the nearest ~•rosswalk or intersection to detour pedestrians to from ail project construction related claims by contractors and all facilities across the street. stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any 14. PUBLIC TRAFFIC CONTROL: As required bylaw, the permittee latent defects occurring as a result of the project construction work. s1t:iI1 pro~•ide uaff'ic control protection warninb signs, lights, safety devices, etc., and take all other measures necessary for traveling 25. FUTURE MOVING OF INSTALLATIONS: Permittee understands public's safet~~. Day and night time lane closures shall comply with and agrees to rearrange a permitted installation upon request by the the Manuals- of Traffic Control,, Standard Plans, and Standard Department, for State construction, reconstruction, or maintenance r . work on the highti~~av, The permittee at his sole expense, unless under public accommodations (such as eating, sleeping, rest, recreation a prior agreement, ~11A, or a CCUA, shall comply with said request. and operation on, over, or under the space of the right of way. 4. That the permittee shall use the premises in compliance with all ?6. ARCHAEOLOGIC,~L/lI1STORICAL: if any archaeological or other requirements imposed pursuant to Titlo 15, Code of Federal historical resources are re~•ealed in the work vicinit ihr crmittee Re ulations Commerce and Foreign Trade, y' P 8 ~ ~ Subtitle A. Office of the shall iiriiiiediatelyctop work, notify the Department's representati~~e, Secretary of Commerce, Pan 8 (!5 C.F.R. Part 8) and ac said retain a qualified archaeologist vrho sl~aJl evaluate the site, and Regulations inay be aimendcd. make recommendations to the Department representati~~c rcgardin. B. That in the event of breach of any of the above the continuance of work. nondiscrimination covenants, the State shall have the right to terminate the permit and to re-enter and repossess said land and the 27. PIZEVAILI;~G ~ti'AGES: `'Fork perforn~ed by or under a permit land and the facilities thereon, and hall the same as if said permit may require perniittee's contractors and subcontractors to pay had never been made or issued. appropriate prevailing wages as set by the Department of Industrial r Relations. Inquiries or requests for interpretations relative to 31. 111AINTENANCE OF HIGHWAYS: ?hc permittee agrees by enforcement of pr~•vailing wage requirements are directed to State acceptance of a permit, to properly maintain.any encroachment, Tliis of California Department of Industrial Relations, 525 Golden Gate assurance requires the permittee to provide inspection and repair anv Avenue, San,Francisco, California 9410?. damage, at prrmittee's expense, to State facilities resulting from the ro encroachment. 28. RESPONSII3ILiTY FOR DAh1AGE: The State of California and all officers and employees thereof, including but not limited to the 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets Director of Transportation and the Deputy Director, shall not be and Highways Cade Section 682.5 the Department of Transportation answerable or accountable in any manner for injury to or death of shall not be responsible for the conduct or operation of the permitted any person, including but not limited to the perntittee, persons activity, and the applicant agrees to defend, indemnify, and hold employed by the permtttee, persons acting in behalf of the permittee, harmless the State and the city or county against any and all claims or for. damage to property from any cause. The permittee shall be arising out of any activity far which the permit is issued. responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee, Permittee understands and agrees that it will comply with the persons empio}~ed by the permittee, persons actint; in behalf of the obligations of Titles II and III of the Americans with Disabilities Act permiittee, or for damage to property arising out of work, or other of 1990 in the conduct of the event and further ao activity ermitted and done b the ~ ~rees to indemnif} . P y permittee under a permit, or and save harmless the State of California, hII officers and -employees arising out of the failure on the permittee's part to perform his ~ thereof, .including but not limited to the Director of Transportation, obii~ations under any permit in respect to maintenance or any other from any claims or liability arising out of or by virtue of said Act. obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity 33. PRTti'ATE LiSE OF RIGHT OF ~~'AY: Highway right of way shall ar at any subsequent time, tivork ar other activity is being performed not be used for private purposes without compensation to the State. under the obligations provided by and contemplated by the permit. The gifting of public property. use and therefore public funds is prohibited under the California Constitution, Article ib. The .permittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, 34. FIELD ti~~ORK REI11•iBURSEMENT: Permittee shall reimburse including but not Limited to the Director of Transportation and the State for field work performed on permittee's behalf to correct or Deputy Director ,from all claims, suits or actions of every name, remedy hazards or damaged facilities, or clear debris not attended to kind and descri lion brought for or on account of in}uries to or death by the permittee. of anv petson,Pincluding~but not limited to the crmittee, rsons employed by the permittee, persons acting in behalf of the permittee 3S. NOTIFICATION OF DEPARTAiENT-AND 1 T~ 1C. The permittee and the public, or damage to property resulting from the shall notify the Department's .representative and the Traffic perforinanre of work or other activity under the permit, or arising Management Center (TMC) at least 1 days before initiating a lane out of the failure on the permittee s part to perform his obligations closure or conducting an activity that may cause a traffic impact: A under any permit in respect to maintenance or any other obligations, confirmation notification should occur 3 days before closure or other or resulting .from defects or obstructions, or from any cause potential traffic impacts. In emergency situations when the whatsoever dunng the progress of the work, or other activity or at corrective work or the emergency itself may affect traffic, TMC and ..any subsequent time, work or other acti~~ity is being performed under the Department's representative shall be notified as soon as possible. the obligations provided by and contemplated by the permit, except as otherwise provided by statute. 36. SUSPENSION OF TRAFFIC CONTROL OPERaTIONs The permittee, upon notification by the'Department's representative, shall The duty of the permittee to indemnify and sane harmless includes ~ immediately suspend all lane closure operations and any operation the duties to .defend as set forth in Section 2778 of the Civil Code. that ..impedes the flow of traffic. All costs associated with this The permittee waives any and all rights to any type of expressed ~ or suspension shall be borne by the permittee. .implied indemnity against the Stare, its officers, employees, and State contractors, It is he irnent of the parties that the permittee will indemnify and hold harmless the State, its officers, employees, and 37. UNDERGROUIv'D SERVICE ALERT (USA) NOTIFICATIOti': State's contractors, from any and, all claims, suits or actions as set Any excavation requires compliance with the provisions of forth ..above regardless of the existence or degree of fault or Government Code Section 4216 et, seq., including ,but not limited to negligence, whether active or passive, primary or secondary, on the notice ro a regional notification center, such as Underground Service part. of the State, the permittee, persons employed by the permittee, Alert (USA). The permittee shall provide notification at least 48 • or acting on behalf of the permittee. hours before performing any excavation work within the right of way. For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract to the State of . California perfoi~tning work within the limits of this permit. 2~). NO PRECEDEbiT ESTABLISHED: This permit is issued with the anderstandin~ that it does not establish a precedent. ' 30. .FEDERAL CIVIL RIGHTS REQUiRE141ENTS FOR PUBLIC ACCOti~i~•IODaTiOlr: A. The permittee, far himself, his personal representative, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: 1. Nu person on the grounds of race, color, or national origin shall be excluded from participation in. be denial the benefits of, or l~r othcnvise subje~•ted to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements ~n sail lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and rLtcntion of first-tier subcontractors in the selection of second-tier subcontractors. Tliat such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for r. State of California ~ Business, Transport; ~ and Housing Agency Memoran u~ d To. RAY CHOPRA Date: December 16,1998 Permit Engineer 06 • File: 413.3 Per, No. 0698-NUT-1056 06-KER-58-53.39 Br. No. 50-0404 So. H St. O.C. From; - DEPARTMENT OF TRANSP4RTATloN OFFICE OF STRUCTURES MAINTENANCE AND 1NVESTlGATIONS ENCROACHMENT SECTION subject: Signal interconnect for City of Bakersfield The proposed plan indicates by note .there is an existing uti{ity duct in the bridge deck. The "As 6ullt" plans show the utility opening not in the deck but in the cell underneath. This note should be corrected to avoid confusion for any of the prospective bidders on this project. The proposal does not have sufficient details at the abutments. Please give the applicant copies of the attached abutment plan-and communication line installation details. The applicant's proposal should be consistent with the requirements .shown in these .details. The applicant's attention is directed to type of abutment for this bridge. This type of abutment allows bridges to move .independently of the ad'acent l ground. The attached details .require the potential for Independent movement to be accommodated by a 4 inch vaid around the conduit through the end diaphragm at the abutment. However, the .South H Street Over Crossing has no backwall to prevent the earth in the approach area.-from f{owing through the opening. Therefore, a detailshowingcapability of independent move- mentand prevention of earth f lowing through the opening must be .provided. The required 4 inch void around the conduit can be provided by placing the conduit in a steel casing 8 inches largerthan the conduit. The casing would extend from the back face of the end diaphragm to 10 -feet away from the abutment: 15 feet if the conduit is metal. The casing would have to be sealed to prevent-entry of earth. The app{icant is free to submitforapproval an alternative detail for accommodating potential seismic movement at the abutments. Total review time for this submittal is 4 hours. If you have any questions please feel free to contact me at area code 916-227-8277 or Calnet 8-498-8277. . . HAROLD HERR, Section Chief c: Correspondence Book y' "!'R4~ STALLATION DETAILS . MMUNX~ATION SINE IN ~0 r' ~ • . Joints are placed at each hinge, ~ Eaus~ng stNCtures require 4 inch c--- abument, and expansion joint and minimum clearance around conduit • equally spaced at 150 ft.maximum intervals. UTILTt'Y nPENTNG Conduit shall be schedule 40 PVC (see note 1) or schedule 80 PVC or scheldule 40 steel ~ • • . • • STEEL SHEAR PLATE 112" . " . (width=width of opening 2) ~ ~--Support (See notes 2 &3) ~Y by utility company Expansion anchorage device: 314"0 stud, hez nut and flat .washer, 8"spacing. Min. embedment 3-1j2" • equal by utility company INSTALLATION xN BOX GIRDER BRIDGE . Pipe hanger I0 ft max. spacing . _ ,y: INSTALLATION XN OPEN GIRDER BRIDGE For details, dimensions, and notes not shown, see box girder detail Notes: 1 .F 1. Seal utilities at abutments with concrete or mortar, after tight y ~3 wra in utility with 2 layers of 15# building paper, If structure PP g is retressed, seal to be placed after stressing is completed. P ' ' 11 be su orted on cradles fabricated from concrete or 2. Conduits sha PP ns. steel. Other materials nay be used for cradles as approved by Caltra Timber su orts shall not be used. Supports shall be firmly anchored PP to the structure. 3. Su orts shall fit loosely around conduits to allow for thermal t PP . movenaent.~ Ten feet maximum spacing. 4. Shear late not required when schedule 40 steel conduit is used. .P U r, ! ( a 1 , , psi ~ . ! 1 ~ 166 ! t~....1 ( d. I ~ 4 ~ ( ~}+YL` I ` I 1 ~ I l ! ~ 1 ~ ~ i { ~J . 1 » 4 NE & SE CORNER D ETAIL ~ . LCUSTALCT WAY ~ H STREET , =2~) e; E 1 ~ , i , ' ,1 BECiN 9RIOCE + ~ ~ ! I sTR11CTURE aEac 1 i~ _ V ~ w. w r .,.IYI ~ ~ ~.r ~+.r r - `r .r , ..~w..wr~. rw ~......~rrwr ~.ww.ti~.r. w~iw. r ~0•~....._...,. I ` r~ ~ w..i. ..r w.~ 1r{ I ~ ~...~~r ! 1' I~ . ~ j~ (l I~ 'I NQTES: . Q INSTALL Pau eox NO, B a WfAKE1VE 9oEw ~4') MIN - ( ) IMTEI EXTEr'ISiON, o PLJIN CONTRACTOR Wlll, FURNISH AND INSTALL uOOEu Q NSTAAU. ANO~~ ~CIONOUIT SHALE 8E SCHEDULE 40 ~~N~. DEViCJ:S ~ INSTRU)~tENTS. fa00El 404j niROUCH SLOE SCHEDULE s0 PVC OR SCHEDULE 40 S1EEl IN AU. CONTROLLER CABINETS 18' CONNECtpR; Q tANNECT INTERCONNECT CA@LES TO TERAIIN ® ~ CONTRACTOR , SLOE PAIUEL N0. 4 Of THE' CON1ROllER CAl~NET~'~ ~i~ CON5TRUCAON . OF RUN PER INTERCpy~ECT DETAIL, hRi~INAI BLOCKS NOT 1M1}i A NEW ElpS11NC w OLDER J3~ CA@INETS 9~ALL BE SUPpUEO 8Y THE CITY. . MAX~UIW~„ CONOUtT ANO Pil IENCTH Qf CONDUIT BETWEEN PULL @OXES OYNV ON 9.1A11 NOT EXCEED 400 FEET 11 tN'~ERCEPT ETOS Q CONDUIT ~ CCaNOUIT TO EXIS BALL 9E 9RQt,1G11T INTO PULL 9CXES INSTALL EXtS11NC PAR~U,EL TO T}iE EXISTING SURFACE (t(ORIIONTAL~, THE TOTAL, ~CUTAR 8fN0 OF CANOUIT ~ INSTALL NEw . FUlL80XES SH~I,L NOT EXCEED 1A0 DECREE~~ © ALL 4 CONOUtT i - Q REIIOYE EXISTING • Ib INSTAi,I CONDUIT CONaUCTpR SCHEDU anon TUNNEL ,S CONO T ~ ~ WORK ACTUA . 4~ 4' 4` 4' 4• 4r TES RUN, ANO DUC10R RUN REOUIRE>►tENT 1HA 9 AMIC 6 HAIR T 2 BETIMEEN PULL 80 O111T EOISTERED CIV1l ENGINEER N N E N N N N N N N O INSTALL PULL @ox E E>ost>t~f. N/E (NEw k EXISTING) j~ A pit t?Y 0f BAKERSFIEl.p r , , L~/~'~l ~~I7~7~I~~,~ ^ 0~ SFlE D N AVENUE r ~/`1~,./ I11tER ~ CA 93301 rERCONNEcT sHEEr n►o. Y TO TRUXTUN q~,~ 2 OF 5 ~.l~1laN PACIFIC RAlL.Rt~AD C4MPAHY Real Estate Department R. D. Uhrich J. t.. Hawkins Assistant Vice President Director-Operations Support A. Anthony ~ , M. E. Heenan Director-Contracts Director-Administration & Budgets 0. D. Brown D. H. Lightwine Director-Real Estate Director•Real Estate M. W. Casey ~ 'C. K. Love General Director-Special Properties 1800 Farnam Street Director-Real Estate J. P. Gale Omaha, Nebraska 68102 Director-Facility Management Fax (442) 997-3601 February 17, 2400 Folder No: 971-94 To the Contractor: Before the Railroad Com an can ermit you to perform work on its right of way for the P y P 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. FiII in the cam Iete le al .name of the contractor in the space provided on Page 1 of the P g Contractor's Right of Entry, Agreement. If a corporation, gyve the state of incorporation. If a partnership, give the names of all partners. 2. Fill in the date construction wilt begin and be completed in Article VI, Paragraph A. 3. Fill in the name. of the contractor in the s ace provided in the .signature block at the end of the p Contractor's Ri ht of Entry Agreement. If the contractor is a corporation, the person signing g on its behalf must be an elected corporate officer. 4. Return all co ies of the Contractor's Right of Entry Agreement, together with .your Certificate p of Insurance,. identifying Folder No. 971-94, as required ux Exhibit B-l, m the attached self- addressed envelope. 5. ..Check with Folder No. 971-94 written on the front, made payable to the Union Pacific Railroad Com an in the amount of FIVE HUNDRED DOLLARS ($500.00). If you ..require . p y for~rial bxlhng; -you may conszder this -letter - as a formal bill. .In complance with the nterna Revenue Service's new olic re ardin their. Form 1099, I certify that 94.6001323 is the p Y g g Railroad Company's correct Federal Taxpayer Identification Number and that; Union Pacifc . Railroad .Company is doing. business as a corporation. a After a roval of the Contractor's Right of Entry Agreement .and the Insurance Certificate, PP your fully-executed document will be returned to you, with ~nstructYOns to proceed. In no event should ou be in work until you have received a copy. of the signed Contractor's Right of Entry Agreement. y g If you have any questions, please contact me at (402) 997-3553. i Yours truly, . ~ Mary Hauschild Manager Contracts PL ~&E ROE 940201 Form Approved,, AVP-Law Folder No: 971-94 GF ENTRY AGREEMENT CGNTRACTOR S RIGHT ' tered into as of the _ day of THIS AGREEMENT is made and en . PACIFIC RAILROAD CQNIPANY, a Delaware corporation, 20 by and between UNION a hereinafter the "Railroad"} and ' ~ ' nl artnershi whose address is corporatio p P~ hereinafter the "Contractor"}. . RECITALS: RSFIELD for the purpose of tractor has been em loyed by CITY OF BAKE The Con p ' eline crossin on • rk" onl a underground 24 volt traffic signal wir g constructing (hereinafter wo ) y . ' e r Mile Post 318.58, San Joaquin Valley Shortline and across .property of the Railroad at or n a • kersfield Kenn County, .California. Railroad, near Ba , ' ' ~ erform the work and Railroad he Contractor has requested the Railroad to permit- it to p T ' thereto sub' ect to the following terms and conditions. is agreeable ~ AGREEMENT: • between the Railroad and Contractor, w THEREFaRE, it i, mutually agreed by and NQ , as follows: • NITION OF CONTRACTOR. Article I. DEFT Bement all references in this Agreement to the ontraetor s a - ~ ~ - .For purposes of this Agr ~ ers actors officers, a ents and employees, and oth include the Contractor s contractors, subcontr g actin under its or their authority. g ' RIG~IT GRANTED; PURPOSE. Article IL • 'n the term hereinafter stated 'road hereb rants to the Contractor the right, duri g The Rail Y g ontained to - ~ nd all of the terms, rovisions and condltlons herein c , and upon and subs ect to each a p • the ro ert described in the Recitals hereof and enter u on and have ingress to and. egress from p p Y • . p 2000 marked Exhibit A ,for the purpose of as shown on the attached print dated February 16, • vitals above. The right herein granted to Contractor is erforming the work described in the Re p ~ ert s ecificall described herein, or designated by limited to those portions of the Railroad s prop y p Y Railroad re resentative named in Article V. the p Article III. TEAS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1. The terms and conditions contained in Exhibits B and B-l, hereto attached, are hereby made a part of this Agreement. r Article IV. ADMINISTRATIVE FEE. W Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00} as .reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR; . RAILROAD REPRESENTATIVE. . The Contractor shall bear any and all costs and expenses associated with .any work performed by the Contractor, or any costs or expenses.;. incurred by the Railroad relating to this Agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to .the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter. the "Railroad Representative"}. Article VI. TERM; TERMINATION. A. The grant of right herein made to Contractor shall comrnenee on , and continue until ,unless. sooner terminated as herein provided, or at such time as Contractor has completed its work on .Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. . B. This Agreement may be terminated by either party on ten X10} days' written notice to the other party. Article VII. CERTIFICATE OF INSURANCE. A. Before commencing any work, the Contractor will provide .the Railroad with a .Certificate, identifying Folder No. 971-94, issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a .policy which contains the following type of endorsement. . UNION PACIFIC RAILROAD COMPANY. is named as additional insured with respect to all liabilities arising out of Insureds, as Contractor, performance of any work on-the property of the Railroad. . u hl reviewed by its this A eement has been thorn g• y B. Contractor warrants that ~ ructed to rocure d a ent s Ibroker(s) has been inst P • ker s and that sai g { } insurance agent(s)/bro { } . • d an endorsement as required herein. insurance coverage an • .971-94 Union P acif is • ce shall be directed to. Folder No C. All insurance corresponden ska b8102. 800 Farnam .Street, Omaha, Nebra u Raliroad Co p y~ man Real Estate Department,l • HQICE OF FQRUM• Arficle VIII. C ma be instituted and • • • • or connected with this Agreement y Litt ation arising out of he arties consent to g ebraska and California only, and t p ed in the courts of the States of N • • 'those courts, maintain • the sub ect matter of any such litigation, in 'urisdiction over their person and aver J J s issued b such courts. and consent to service of proces • is A reement in duplicate arties hereto have executed th g . IN WI'pNESS WHEREOF, the p f the date first herein written, as o RQAD CUMPANY _ UNLQN p~,CIFIC RAIL By . _ Manager Contracts ~IT'NESS _ Contractor Name) By X Title A, . { FORM oR-oaoa->= PLAT" ARROW INDICATING NORTH REV, 5-15-99 pIRECTION RELATIVE TO CROSSING aV ~J 1~1 'l.U~~ VJ YY ~~~11~~~~ '1.~~,~,J~~~~1V `U~► ~ ~Y - / NOTE: ALL AVAILABLE D IA~ENS l GNS ti~iJS ~ EE NO SCAT. E F I LLEQ I N TO PROCESS TF~ I S ►~a~L I CA T 10~+. . v~ ~ ~ ~ ~ ~ n... r r `'JQ 1101 FT. .3o~'fiFT. ' P --I~FT. FT. ~ o~ ~ (SEE NOTE 4 @ b) z (SEE NOTE a 8 0) $ FT. a ~ 1 1~cE2N ~ fl~ TaNEARE,ST R. R,4tOWN1, ~ tz ~ (ANGLE OF CROSSING) a J TO~~C'C'l MA iN TRACK z } i !NEAREST R. R, TOWNI ~ tvQ` ~ (OESCRfBE FIXED OBJECT (OESCR.;9E FiXEO OBJECT) ~ `Z (SEE NOTE b) (SEE .NOTE 6) J 2,~ ` (DISTANCE aLONG TRaC FROM SECTION LINE tRO55INGI (NOTE: THIS DIMENSION REQUIRED IN aLL CASES. ~ AT LOCATIONS NOT USING SECTIONS, DISTANCE RP'S R/w TO a LEGAL SURVEY LINE IS REQUIRED) . ~ ~ ' a I~ ~ ~ GROUND _ MIN. t7iST + ~ SURFACE ~ } r i (SEE NOTE 2 ~ , ~ SUBGRAOE ROADBED ; ! S FT. ~ ~ 14.5 FT MIN.) °5 FT. , FT. (5 FT. MIN. FOR FIBER OPTICS} ~ ~ (3 FT. AIIN.) I (3 PT. MiN, f ~ wtRELINE (5 FT. MiW. .FOR F18ER OPTICS) (5 Ft. MIN. FOP. FCBER OPTICS) f CASING R P ~S OTE 3 I ~ ~ ~ Q FT. F T. - FORMULA TO FIGURE CASING '~~.FT' LENGTH WITH ANGLE OF (sEE NOTE 2) CROS51 NG OTHER THAN 90° FT. NOTES ~ (CASING LENGTH WHEN MEASURED aLONG PIPELINE.) 6 ''fir I) All HORI20NTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM OF TRACK, EXCEPT AS NOTED. 's 21-CAS 1 NG MUST EXTEND A M LN IMUM OF 30' OUT FROM OF TRACK, MEASURED AT RIGHT ANGi_ES. S I N B ~yc( ~~o 3) CASING MATERIAL : STEEL, RIGID META(.LIC CONDUIT INQ PVC. MIN.OIST. ~ (NOTE 21 (Q ~ 4_} M.I N_} MUM OF 50' FROM THE END OF .ANY. RAILROAD BR l DGE, ~ OF ANY CULVERT, OR FROM ANY SWITCHING AREA. tRAcK 51 SIGNAL REPRESENTATIVE MUST 6E PRESENT DURING INSTALLATION IF. RAILROAD SIGNALS ARE IN THE VICINITY 4F CR05SING. _ 61 ALLOWABLE F[XED.OBJECTS INCLUDE: BACKwALi.s OF BRIDGES; ~ OF ROAD CROSSINGS 9 OVERHEAD V(ADUCT5 (GIVE ROAD NAMEl, OR OF CULVERTS. t 71 CASING AND CARRIER PIPE MUST. BE PLACED A MiNiMUM OF 2 FEET BELaw THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED 1KITHIN S FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND .DUG. A 1 I S W [RELINE CROSSING WITHIN DED I CATEO STREET?..YES, N0, c FoR R"It.RO"0 USE ONIr - 00. NOT WRITE IN THIS 80X1 B) I F YES, NAME OF STREET .C1 TYPE INIREIINE CROSSING: TELEPHONE;.~...._TELEVISION; FI9ER oPTIc; UNION PACIFIC RAILROAD CO. OTHER; ~ ~ctt~Ca Lard JoL't' ~ ~A ~ S J~.lr. • 2~,r ~4.~.~t w~~ ~ ~r~r~~ ,~,T.y~t t~,y~" DI .VOLTAGE T4 BE CARRIED UNDER TRACK N0. OF WIRES._.~._ tSU80IViSIONI E.) CASING TYPE TO BE INSTALLED 3T~£L. P~PC. D~- M. P ° _ G • C. S. F3 METHOD OF INSTALLING CASING PIPE UNDER TRACK(SI: ~ DRY 80RE AND JACK C WET BORE NOT PERMI TTEDI; UNDERGROUND W I REL I NE CROSSING ..._______.TUNNEL; OTHER G) DISTANCE FROM CENTER LINE OF TRA(:K TO NEAR FACE OF ESORING AND ffF~O _ x~~~ ~A t.NEARE51 J}R S1~TION1 tCOUNTrt tSTATEI JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK c 30' M I N. r FOR L~l~'~.~.~c~.~"~f/OLD H) 0 I STANCE TO NEAREST ROAD CROSSING WITH SIGNAL LIGHTS OR GATES ' "plc""T' ( I F .LESS THAN ONE MILE) RR FILE N0. DAT E ~ ~ toao I) APPLICANT HAS CONTACTED I- 800- 336- 4 193, W A R N I N G U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE OOES;_____~ DOES NOT; EXIST I N V I C I NTY OF IN ALL OccASIONS, u. P. COMMUNICATIONS WORK TO BE PERF'ORMEO. TICKET N0. DEPARTMENT MUST 6E CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CA86E.. PHONE : I-804-336-9f9J • U'I'II,t'I'IES X ~ E ROE 990741 Appc+nvod, AYP•~vr C~~ITRACTa~t`S RIG~IT aF ENTRY AGREEMENT E~:~IB~T B T~ Lion 1. NOTICE OF COI~~~IENCEMENT OF'~ORK -FLAGGING. Sec ' the Railroad R sentative at least 48 hours in advance of Contractor commencing its work and at least The Contractor agrees to notify ~ ce of an work b the Contractor in which any person or equupment will be wrthu~: 25 feet of any track, 24 hours rn advance of proposed performer Y Y will reachto wYthin 25 feet of as track. p will. be near ea to any track that any equipment e~rtension (such as, but not limited to,, a crane boom} Y or . ' e Railroad tative will determine and inform the Contractorwhether a flagman need be present and weer Upon rexelpt of such notice, th ~ en or other ial tective or safetymeasvres are p~Formed the Contractor need implement any special protective of safety measures. If y flagm or other ' 'ces will be ovided at Contractor's expense with the understanding that rf the Railroad prawrdes any flsggnng . by the Railroad, such serve Pr 'bilities or liabilities set forth herein. services the Contractor shall not be relie~red of any of its re~~onsi Section 2. NO ~ i ~1`r'NCE V~TITH RAILROAD'S OPERATION. ntractor shall cause an interference with the can~stant, continuous and unantenupted use of the tracks No work performed by Co Y ~ atalx~od m ~ ' ' ' its lessees licensees or others, unless specifically permitted under #his agreement, ar spec ally and facih~es of the Rarlrva~d , ' shall be done or suffered tQ be done by the Contractor at any tune that would in any manner' impair the by the Railroad Representa~ve. Nothing. is machin and materials shall be kept at least 54 feet from the centerline of Railroad's n+ear~t track, safety thereof when not in use, Contracto ery . and there shall-be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 3. IyfECHA1gIC'S LIENS. • or ovide materials for the work to be performed by Contractor. The 'The Contractor shall pay in full all persons who perform labor pr . ' suffer an mechanic's ar natenalrnens liens of any kind or nature to be seated at eafon~d against any p~► Contractor shall not create pe~tntt or Y ea and all liens, ' an such work owned. The Contractor shall indemnify and hold harmless the Railroadfrom -and agauast Y of the Railroad for y p~ ' • nature in an wa ~rnected with or growing out of such work done, labor pecfonned, or mats claims, demands, oasts o~c e~~penses of vvha#saever Y Y fiunished. . Section 4. PROTECTION OF FIBER OPTIC CAELE SYSTEIvIS. . 'Dad's o . Protection of the fiber optic cable systems is of extreme innp+artance a}. Fiber optic cable systczns may be boned on the Railr Pr PAY and ofits. Contractor shall telephone the since an break could disru t service to users resulting in business interruption and loss of revenue pr . . y P . etermine if fiber tic cable is buried anywhere on the Railroad's premises t4 be used by the Contractor. nt is, Railroad at 1-804-336-9193 to d °p ' v ved strati a for a cable locator, make a~nangements for relocation or other Contractor will telephone the telecommunications company(ies} nn oI g _ all such Section orrelocatioti 'on of the fiber o tic cable, all at Contractor's expense, and will commetace no work on the right of way l~ Pry P has been accomplished. the Contractor shall ind~~nifY and bald the Railroad harmless fmmand agam'st b).. Tri addition S4 other indenwrty provisions m this~Agreement, sort of any act or omission liabili and (including, without limitation, att~meys' fees court costs and 8 ~ ~ ~ a to or des~na=tion of an telecammw~cat~s of the Contractor, its vantractor, agents andlor employees, that causes or contributes to (1} any damag , ~ Y an,dJor ' 's o andlor 2 any injury to or death of any person employed by or on behalf of any telecommun~catrotiss ccnnpany, system onRa~lroad pr perty, C) not have az seek recourse againstRailroad for any claim or cause its contractor, agents andlat employees, on Railroad's pr°.pe~ty'. Contracts shall o loss of service or other consequential damage to a telecommunication company using ~ s of action for alleged loss of profits or revenue r o~aerty or a customer oruser of services of the fiber optic cable onRailroad's property. in Section 5. COMPLIANCE u~TTII LAWS. . secure an and all inecessary permits and shat comply with In the prosecution of the work caHered by this a~~e~ment,the Contractoz shall Y • allots and enactments affecting the work. The Contractor shall use only such methods as are all applncable federal, state and local laws, regal of the ' concerns the Contra~ctot, the Contractor's agents and employees, the officers, agents, employees and p~~opertY consistent with safety, both as ~ amply with all. applicable state and metal Railroad and the public in general. The Contractor (widicrut limiting the generality of the foregoing} owned ' regulations shall be followed when work is pert on .occupational safety and health acts and regulations. AllFederalRaiIxoad for to com l with an such laws, regulations, aad enactmeats, shallresult in any fine, penalty, the Railroad s property. If any failure by the Contras P Y Y ~ R,ai7roa~d fa any such Erne ' the Railroad, the Contractor shall reimburse and md~~fY , cost or charge being a:►~~sed, imposed or charged against T and .The Contractor farther agrees in the event of any such penalty, cost, or charge, including without limitation attorneys' fees, court costs a or a to the Railroad. action, u n nonce thereof being provided by the Railroad, to defend such action free of cost, charg > xl?enSe Po Page 1 of 4 B • • UTII,iTIFS X ~ E ROE 990701 g~ ~,ppravod, AvP-Law tion 6. SA:~"E'I'Y INSTRUCTIONS. . ~ to this of t importance in the prosecution of the work P~~. Safe of el, p~;orperty, rail operations and the public is p~~maun the Contractor (and not by way of limitation}, the ty ~ in fiuthera~nce of overall safety measures to be observed by agreement. As reinforcement and following special safety rules shall be followed:. a . e and health hazards and ~ tb~at its employees are ccm~petent a . The Contractor shall keep the Iob site free from saf ty ~ aid supplies available an the job site ) e and health aspects of the Iob. The Contractor shall have Pry adequately trained in all saf ty be ~ ~ on the job site. The Contractor shall pramPhY no~Y so that om t first aid services can be provided to any P~ ~Y I that arise dursng ~ p stration ble injuries occurring to any ~Y ' of an U.S. 0ccupatron~ Safety and Health Admuu re~porta its em to ees, while they are on the Iob site the Railroad y - 'te. The Contractor shallhave anon-delegable dutyto cAn#ral P Y 'op, an alcoholic the work performed on the }ob do not use, be under the influence of, or have ui then p~ssessi Y ar any other property of the R,~Iroad,to be certain ce of work b the employee. narcotic or other substance that may inhibit the safe perfornaan Y . bF;verage, drug, . . o:m their duties safely and in a manner that ~ not rnterfere e em to ees of the Contractor shall be suitably dressed to pelf comer ~ entire leg are b)• Th P Y shuts with sleeves and tr ' ' h or free use of them hands or feet 0nlywaist length with their vtsron, eanng ~ t catching The employees should vwear sturdy and flare-le ed trousers are worn, the trouser bottoms mustbe tied g~:e~ to be wom If gg oteective work boots and at least the following protective equipment: In . Standard-289.1-1atesk revision. It is suggested that all bardha~ts be I Protective head gear that meets AmencanNational O subcontractor's company logo or name. affixed with Contractor's or 'oral and educational. eye and face protection, e otection that meets American National Standard for occupatr . such as weld. grinding, (2) Ey ~ , a otection must be provided #o meet specffic )ob situations ~ 287.1-latest re~nsion. Additional eY pr bwrning, etc.; and otection from noise levels that will be occurring an the otection which affords. enough .attenuation to give pr (3) Hearing pr job site. ' ~ withaudibleback-up warnin8 devices. If in the e ui ent avided or leased by the Contractor shall be egwpped a for use on the Railroad's c . ,All heavy q pm Pr ent is unsaf } • • tative an of Contractor's or any of its subcontractor's egtupm +s ' t-of-way. op~on of the Railroad RepreSen Y ~ remove such equipment from the Raailroad ~ ri -ofway, the Cantractc~r, at the request of the Rail~'aad Represen ~ . Section~7. INDEF. . ~ Raivroad's p~;uperty at ar near the location of th+e a . As used in this Section,'~tc" includes other railroad comp~~ . " awns demands, actions, causes of action, penal~~ and ) en and employees; "boss includes lass, damage, cl , wh~m;soever in~allatian and their officers, ag ~ to or death of • acid attorne 'fees, which may result from. (a) ~j~Y ~'~0~ of nature, including curt costs Ys .eats and em loyees, as well as any other p~); andl P ent, ar other _ Railroad'sofficers,-agents, and. employees, the Contractor's officers, ag , (including the tQ the roadbed,.txacks, equlprn _ . _ . includm Contracto~'s~propelty,-damage . damage to or loss or destFUC~on of pro~~erty ( g in its care ar custody}. PmP~Y of the Railroad, or property • ted, the Contractor ~ inderr~ and hold ' ent and in consideration of the license and Pernussion herein gran b}. As a major mdu~m with the work perf ' to or arises from any cause and is associated in whole ar in part . harmless the Railroad from any Loss which is due safe ovisions herein, or any activity, omission or neghge~ . breach of the ent or the failure to observe the health and ty Pr the when the Loss is c~aised this al~eement, a • • ce of taus. eement. However, the Contractor shall not ind arYSmg out of performance or nrniperfoiman by the sole negligence of the Railroad. • 1 underwrite its general and contnictual liabilityuflder shall, maintain whatever insurance coverage is necessary to adequate y c}. The Contractor . the terms of this Agreement Section 8. RESTORATION OF PROPERTY.. f the Railroad or in any manner move ar disturb any of the t the Railroad authorizes the Contractor to take down any fence o t ~ Conte ~ soon asposs<~le In the even. oimed by Contractor then rn that even of the Railroad in connection with the work to be pexf ' other dition as the same were in before such fence was taken down ~ re such fence and other properly to the same con and at Contractors sole expense, recto or such other property' was moved or disturbed. E~du'bi~tB Page Z of 4 • ` X ~ E RAE 99Q701 Form Appcovad, AVP-Law Section 9. WAIVER OF BREACH. • contained to be kept, ob~1 ~ l~~ breach of any condition, cc~t ~ ~cecment herein e waive' by the Railroad of the . • of an remedy for any subsegVeIIt breachthereof. ' the right of the Railroad to avail itself Y by the Contractor shall in no way impau' • SSIGNM' _ S~]'BCONTRACTING. • Section I0. A • therein, without the written. conseat of the Railroad or any interest r. for shall not assign, sublet or subcontract this shall be void. If the Railroad gives the Contractor The Contras • subcontract without the written consent of the Railr ~1e for all work of su~Cantna~tocs and any attempt to so assign, sublet or the Contractor is and shall remain rem all or an on of the work herein described, permission to subcontract Y P~ a terms of this ag~eemenL d all work of subcontractors shall. be governed by th an . . itB pegs 3 of4 ROE INS 960830 No RR Ihrotativ~e Lss. Form Approved, AVP•Law I ~~~BI~ B-I Right of Entry Agreements Contract Insurance Requirements Third party Contractors Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a} General Iaab' 'tv insurance providing bodily injury including death, personal injury. and property damage coverage with a combined single ' 't of at least $2, 000, 000 each occurrence or claim and an aggregate ' 't of at least $4,000,000. This insurance shall contain broad form contractual liab' 'ty with a separate general aggregate for the project (ISU Form CG 25 03 or event}. Exclusions f or railroads texcept where the job Site is more them f if ty feet (50') from any rc~coad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings}, and explosion, collapse and underground hazard shall be removed. Coverage purchased on a clmms made farm shall provide for at Ieast a two (2}year extended reporting or discovery period if (a}the coverage changes from a claims made farm to an occurrence f orm, (b} there is a lapse/camceliation of coverage, ar (c}the succeeding claims made policy retroactive date is different for the expiring policy. b} Automobile Liab' ~ insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single ' 't of at least $2,000,000 each occurrence or claim. This insurance shall cav~er all motor vehicles including hired and non-ovmed, arnd mobile equipment if excluded from coverage under the general public liab' 'ty insurance. c~ Workers' Compensation insurance covering Contractor's statutory liab' 'ty under the workers' compensation laws of the states} affected by this Agreement, and Employers' Liao' 'ty. if such insurance will not cover the liab' 'ty of Contractor in states that require participation in state workers' compensation f und, Contractor shall comply gvith the laws of such states. If Contractor is selfinsured, evidence of state approval must be provided Contractor and their insurers shall endorse the required insurance policyties} to weave their right of subrogation against Railroad Contractor's insurance shall be prunary with respect t©any insurance carried by Railroad. The policies requited under (a} and (b} above .shall provide severab' 'ty of interests and. shall name Railroad as an additional insured. Prior #o commencing the ~lVork, Contractor shall ~h to Railroad ce ' .cate(s} of insurance evidencing the rE~ coverage and endorsements and upon request, a ce ' 'ed duplicate original of any required policy:, The ce ' 'catef s}shall contain a provision that obligates the insurance c©mpany~ies}issuing such policy(ies} to notify Railroad in writing of any material alteration including any change in the. retroactive date in any "claims made" policies or substantial reduction of aggregate 'ts, if such ' 'ts apply, or any cancellation at least ~ X30}days priorthereto. ~ : , The insuratnce policy(iesj shall be arritten by a reputable insurance company(ies} acceptable to Raiuoad or with a current Best's Insurance Guide Ruing of B and Class VII or better, and authorized to da business in the states} in which the job Site is located. : , Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance a agent(s~lbroker(s}, who have been instructed by Confractor to procure the insunxnce coverage required by this Agreement. h Contractor f ails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor. The fact that insurance is obtained by Contractor shall not be deemed to release or ' ' h the liab' 'ty of Contractor, including, without ' 'tation, liab' 'ty under the indemnity provisions of this Agreement. Damages recoverable by Ralroad shall not be ' 'led by the amount of the required insurance coverage. Page 4 of 4 F.xtn~t B-1 f ~n n 44f I A ` ~ S P i } a; y ~ i ~ s y ~l, `I r tUa~yw f • t, ~ ~ j\ ,•,,a ~ _ ~ w r =r y ~ ¢ x~ . 4 r ' w r`v...ti `'~M~ '1w.► +~'~nr.r. w+►~w w.ti,My +..~www.a~~ .....yw. .V+r.... ,...~.,..a.w... .wr...~... .r.ww..w„ q gr, .r",,,,.. ~,...r'~ '"~""""mow ~ ~ ~ ' .,..,ax•t,,,.,,,,,,re mm ~~l./ - - ~C"y r h ..ww.., Q t ~ f ~ ~ ,r w-.,..,w eta ~ ~ w.~~«r,.. ~ r ~ ' r ~ ; F } -C { .C ` ~ 'S _ d] ~ .j..) E •r-1 f y• ~ F m ~ ~ ~ ~ V/ w ~ ■ ~ • 1 ~21D' J~ Z :!J n ~ -i r ~ $AK~~'L~~.D ~ALI~~N SHELFT AID- Fs a m m P 4 ~ ' therefor. 7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. ~y The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shalt notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as follows: Construction operations requiring lane closures shall be actively in progress only between the hours indicated below, Monday through Friday, except legal holidays. Street Direction of Travel H- California Avenue NorthboundlSouthbound 8:30am-4:30pm Ming~Avenue EastboundlWestbound 8:30am-4:30pm White Lane Eastbound/Westbound ~ 8:30am-4:30pm Truxtun Avenue Eastbound/Westbound 8:30am-4:30pm Gosford NorthboundlSouthbound 8:30am-4:30pm H Street Northbound/Southbound 8:3Oam-4:30pm -Where construction o erations are actively in progress, a minimum of one traffic lane for-each direction of travel shall be P - z: ; ~ o en for use b ublc traffic. Such lanes shall not be less than twelve (12) feet in width. Where construction operations P y P e ublic traffic. Public traffic ma be ermitted to use paved are not actively m progress all lanes shall be open for us by p y P shoulders and, if half width construction methods are used,-may also be permitted to use-the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping. of or paving of shoulders necessary for the accommodation of public traffic thereon during construction operations. Maximum length of lane closures and minimum distances between laneclosures may be restricted by the Engineer. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install. and maintain construction, area signs, lights, flares, temporary railing T e K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by ( YP the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead, No. C-18, and "End Construction," No. C-13, shall be furnished, installed and mamtamed by the Contractor at locations as directed by the Engineer at least forty-eight (48) hours inadvance of any construction. - The Contractor shall report all accidents to 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 allowance will be made therefor. ~ 7-1.05 TRAFFIC DELINEATION. Immediately after any construction where delineation is obliterated or when directed b the En ineer, the Contractor shall replace all obliterated pavement delineation with temporary delineation during the y g same work period and in no case later than 7:30 A.M. following such work period. Temporary delineation shall consist of temporary reflective pavement markers spaced no more than 12 feet apart on curves, and no more than 24 feet apart on tangents. Temporary reflective pavement markers shall be Davidson. Plastics Co. Model "TOM" or a roved equal and shalt be applied in accordance with the manufacturer's instructions. Temporary PP delineation shall be the same color as the permanent delineation or markings. Any temporary markers that become detached before permanent striping or markings are applied shall be replaced immediately by the Contractor. C-2 a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In residential areas, a self contained, pick-up type, power broom with water distribution system shall be used. ' Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. T PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as inclu a in t e prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.11 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway", of the Standard Specifications and these special provisions. In addition to the conditions, rovisions and requirements of Section 22-1.01, "Description", of the Standard P Specifications, the following shall apply: The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the J Contractor's operations. The Contractor may use any method, approved. by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential .areas, when a broom is used, a self contained, pick-up type, power broom with water distribution. system shall be used. The Contractor shall replace in-kind any traffic signal loops damaged due to their operations. PAYMENT.. Full compensation for Finishing Roadway as specified shall be considered as included in the contract price paid for Conduit Installation and no separate payment will be made therefor. 7-1.12 ~ DIRECTIONAL DRILLING: Directional drilling work shall comply with the requirements contained in the "CALIFORNIA DEPARTMENT OF TRANSPORTATION Manual for Encroachment Permits on California State Highways. Sixth Edition 1997" including the following: A Drillin chemicals shall be used on all bores. A written analysis of soil samples shall be provided to the g drilling fluid manufacturer or qualified professional engineer for analysis and recommendation of proper .mixtures prior to any directional bores. Soils analysis and drilling fluids program shall be made available for inspection at any time during .the directional drilling project. B. -Pressures and flow rates of slu drillin :mud must be closely monitored during the pilot bore and the back g reaming operations. Flow rates shall not exceed 761iters per minute (20 gal./min.) and pressures shall not exceed 6.89 MPa (1,000 psi). C. All bores 254 ~ mm (10") in diameter and larger shall bepre-reamed prior to pulling the conduit.. All bores that re wire a depth of more than 36" must be pre-reamed prior to ,pulling the conduit irrespective of the diameter q of the conduit being pulled back. D. Drillin fluids shall be ro erly disposed. Drilling fluids shall not be disposed of by placing into storm g Pp drains, sanitary sewers or sidewalk gutters. E. Minimum depth of cover shall be .915 m (3 Com anies ro osin to conduct a directional boring project must show evidence that all crews, including P p P g sub-contractors, have the capabilities to verify all previous bores by the use of an electronic locating device, shown to be accurate to ±5% for line and depth. Verification will be made during any time that the project is C-4 Article 347 of the National ,Electrical Code. Non-black polyethylene conduit shall contain not less than 2500 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%±0.5% by weight. 2. Conduit shall be manufactured from high density polyethylene resin designated as Type III, Category 5, Class C, Grade P34 material in accordance with ASTM D1248. The material shall meet the requirements of ASTM D2447 and NEMA TC-2 3. This conduit must be liquid-tight flexible conduit. 4. The entire length of each high density polyethylene conduit shall be installed without coupling, splices, . or joints (ie. It shall be one continuous piece from pull box to pull box.} PVC conduit shall meet the following requirements: 1. Shall conform to UL Standard 651 and NEMA Standard TC-2. 2. Ali bends and couplers .shall be UL listed and conform to NEMA Standard TC-3. 3. The end bell for the conduit shall conform to ASTM F-S 12. 7-1.14 MULTIDUCT CONDUIT. Where 4-inch conduit with innerduct is to be installed by trenchin or borin as s ecified in the lans, a factory assembled conduit system with four (4) innerducts is required. g g p P Other systems in accordance with these special provisions maybe allowed. The conduit shall be Schedule 40 PVC. Each innerduct shall be 1.15 inch (I.D. minimum), manufactured from .polyethylene or PVC. For alignment purposes, one innerduct shall be a different color than the others and shall be consistent..-for the project. UL listing is not. required. PVC innerduct shall be pre-lubed and have a wall thickness of 0.06-inch minimum. x S~ai ht se meets of multiduct conduit shall be nominal 20' lengths with a minimum 5" slip joint. Joints shall be g g keyed to mate the enclosed innerducts and shall lock together or be provided with a seating mark to verify proper assembly. The 'oint shall be solvent welded or sealed with a gasket as recommended by the manufacturer. J Bends shall be rigid factory assembled sections with a radius. of 4' :minimum.. Prior to 'oinin the last sections of the conduit run, the innerduct colors at the ends shall be verified to be consistent. J g Full com ensation for Multiduct~Conduit-shall be considered as included in the contract price paid p for respective Conduit Installation and no separate payment will be made therefor. 7-1.15 MULTI-CONDUIT SYSTEM. Where 4-inch conduit with innerduct is to be installed by trenching or boring as specified in the plans, a factory assembled multi-conduit system with four conduits will be allowed. The conduit shall be Schedule 40 PVC and UL 651 listed. Each conduit shall be 1.25" (LD.nominal). The conduit shall be "orange"~ in .color, indicating "fiber optic duct." All .conduit shall have a continuous print line on top and bottom in accordance with UL-651 using different colors, i.e. red, blue, black and white. The conduit marking shall include; "Manufacturer name -1.114" Sch.40." Strai ht se meets of the multi-conduit system shall be nominal 20' lengths with a minimum 2112" slip g g joint. Joints shall be provided with a seating mark to verify proper assembly. The joint shall be solvent welded as recommended by the manufacturer. Bends shall be rigid factory assembled sections with a radius of 4' minimum. C-6 7.1.18 CONDUIT INSTALLATION. Conduit shall conform to the provisions in Section $6-2.05, "Conduit", of the Standard Specifications and these special provisions. A pull rope conforming. to Section 86-2.05C "Installation", of the Standard Specifications shall be included in all interconnect conduit (including all innerducts}for installation of future conductors. Conduits may be installed by either boringljacking,directional drilling or open trench methods except where shown on the plans that boringljacking is required or as determined by the Engineer. Installation using boring/jacking or directional drilling shall conform to Section 86-2.OSC, "Installation," of the Standard Specifications and section 7-1..12 "Directional Drilling" and section 7-1.21"BoredlJacked Pipe" of these special provisions. Open trench installation in pavement shall conform to the following specifications: 1. Conduit shall be rigid non-metallic type.. Conduit or Conduits shall be placed under existing pavement in a trench not to exceed 6 inches in width for conduit. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The installed conduit shall have a cover of eighteen (1$) to twenty-one (21) inches below finish grade. 2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a two (2) sack slurry cement backfill. Contractor shall insure that multiple conduits are completely encased in slurry cement ..Slurry cement backfill shall be placed to within 0.40 feet of the pavement surface. The top 0.40 feet shall be backfilled with Type B asphalt concrete produced from commercial quality paving asphalt and aggregates. 3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt .concrete shall be performed per Standard Specifications to produce an asphalt concrete surface of uniform smoothness, texture, and density. 4. All excavated areas in -the avement shall be backfilled except for the top 0.40 foot, by the end of each P x, work .day. The top 0.40 foot shall be placed within three (3) working days after trenching. ~ Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.40 feet until such a time as the ermanent asphalt surface is placed. Permanent asphalt .surface shall be placed within 15 working days of P ..trench being opened. 5. Trenches a endcular to traffic that are greater than 6" in width shall be plated until permanent P asphalt is placed in top 0.40 foot. Trenches .parallel to traffic that are greater than 6" in width shall be plated until temporary surface is placed in top 0.40 foot. 6. No trench shall be opened in any street for the purpose of laying pipes or conduits more than six hundred (600) feet in advance of the pipe or conduit placed therein. PAYMENT. Full. compensation for Conduit Installation including PVC(HDPE} conduit, (PVC or HDPE Mutiduct Conduit, Multi-Conduit System and Multiple Innerduct System), innerduct sealing.plugs, "LB."connections, ull rope, pull boxes, sidewalk and handicap ramp replacement, excavation, trenching, slurry and in-kind p backfilling and in-kind pavement patching, finishing roadway, and directional or hacking and drilling boring methods and resultant process surface damage repair and replacement, will be considered as included in the ricer aid per linear foot .for Conduit Installation (2"or 3" conduit) or prices paid per linear foot for Conduit P P Installation (4" conduit with innerduct) and no additional compensation will be allowed therefor. 7.1.19 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications, the plans, and these special provisions. All ull box assemblies shall include one knockout for 4" conduit and one knockout for 4" multi-duct conduit on all P sides to accommodate installation of conduit. Should an approved alternate multi-duct conduit assembly be chosen by the Contractor, the knockout for 4" multi-duct conduit at each end may be substituted by a larger size to accommodate this alternate conduit assembly. Where pull boxes are placed in existing stamped concrete areas, stamped concrete of like kind shall be replaced to C-8 7-1.22 12" STEEL CASING. Steel casing shall have a minimum wall thickness of 0.63 cm (114"). 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. -Seal utilities and steel casing at abutments with concrete or mortar. The ends of space between the casing and the pipe shall be sealed with grout. Contractor shall comply to all provisions set forth in the permits issued by the State of California. PAYMENT. The contract price paid per linear foot for 12" Steel Casing shall include full compensation for furnishing and installing the steel casing, pipeline pipe, excavating, furnishing and placing backfill material and all incidentals necessary to install the casing, complete in place, as specified. n 7-1.23 DETECTORS. Inductive loop detectors damaged during interconnect installation shall be replaced by t e Contractor. Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and theses ecial rovisions. Location and layout of detector loops shall be as directed by the Engineer. P P CONSTRUCTION MATERIALS: Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Construction Materials", of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: Loop wires in the pull box shall be twisted at a minimum rate of five (5) turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth. ground (at cabinet) and insulate the other end with no possible path to earth ground. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5), "Installation Details", of the Standard Specifications and these special provisions. Slots. cut in the pavement shall be blown out and dried before installing inductive loop detectors. After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to there uirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops", to within one-eighth (1/8) inch of the 9 .pavement surface. The sealant shall be at least one-half (112) inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the a ox .sealant specified above, slots may be filled with either of the following materials: P y a. An elastomeric sealant conforming to Section 86-S.OIA (5), "Installation Details", of the Standard Specifications. b. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (5), "Installation Details", of the Standard Specifications. Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in ermanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or P approved equal). Detector loops in concrete pads shall be sealed with epoxy sealant. PAYMENT.. Full compensation for Inductive Loop Detectors shall be considered as included in the contract price aid for traffic signal interconnect including full compensation for furnishing all labor, materials, tools, equipment P and incidentals and for doing all the work involved for installing inductive loop detectors,, and no additional compensation will be allowed therefor. - TESTING. Testin shall conform to the provisions in Section 86-2.14, "Testing," of the Standard 71.24 g . Specifications and these special provisions. C-10 INCLUDE WITH DETECTOR SPECIFICATIONS, 8040.41A-15 STATE OF CALIFORNIA SPECIFICATION ASPHALTIC EMULSION INDUCTIVE LOOP SEALANT 1.0 SCOPE. This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use in f reeze-thaw environments. \y 2.0 APPLICABLE SPECIFICATIONS. The following specifications, test methods and standards in effect on .the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1988 State. of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations Board,. Ref. 49CFR. 3.0 REQUIREMENTS. 3.1 Composition The composition of the loop sealant shall be a~sand f filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce cone-component product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent ~ 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 3.2.3 Firm set time, hours, 4 maximum test atone (1) hour intervals, use ASTM, D2939. 3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3,10 RPM at 75 + 2" F. 3.3 Properties of the Dried Film 3.3.1 .Flexibility No full depth use ASTM D2939, except air dry specimens to cracks constant weight at 75 +l- 5 deg. F. and 50 en percent (10%) relative humidity. Condition mandrel and specimens two (2) hours at 75 +l- 2 deg. F. before test. Use aluminum panels, 0.03 inches thick (Q panel or equal). 3.3.2 Tensile Strength, Psi, 20 minimum C-12 All containers of ma#erial shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. . The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Re ulations, Hazardous Materials and Regulations Board, Reference 49 CFR. 9 6.0 NOTES. 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thorou hl stirred before use and hand poured into the slots. Due to the sand content of 9Y this material um in is not recommended. Any clean up of road surface ortools can be done with ,p p 9 ~s water, before the sealant sets. 6.2 Patents The Contractor shall assume. all costs arising from the use of patented materials, equipment, devices or rocesses used on or incorporated in the work, and agrees to indemnify and save p harmless the State of California, and its duly authorized representatives, from all suits at law or action of eve. nature for, or on account of, the use of any patented materials, equipment, devices or ry processes. 6.3 Certificate of Compliance urershall furnish a Certificate of Compliance with each batch of sealant, in accordance The manufact with the rovision of Section 6-1.07, of California Department of Transportation Standard p Specifications, January 1988. C-14 PROPOSAL FOR TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD . California Avenue - Stockdale Highway to Mohawk Street Ming Avenue - Haggin Oaks Blvd. to Gosford Road White Lane -Highway 99 to South H Street Truxtun Avenue -Mohawk Street to Empire Drive Gosford Road -White Lane to Kroll Way H Street -Brundage Lane to Truxtun Avenue To the City, Clerk of the City of Bakersfield: The undersigned, as bidder, declares thattheonly persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the Citythat the contract is readyfor signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. -NOTE: The Contractor shall submit bids for the base bid plus bids for Additive Alternate 1, Additive Alternate 2, and Additive Alternate 3 items. However, 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, 2, and/or 3 will be considered for award. The Additive Alternate 1, 2, & 3 bids .are subject to the review and acceptance or rejection by the City of Bakersfield. FEDERAL AID ITEMS (Truxtun Avenue from Mohawk Street to Empire Drive, California Avenue from Stockdale Hw . to Mohawk Street, and H Street from Brunda a Lane to Truxtun Avenue) ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in figures) 1. 16508 LF Conduit Installation (4" conduit with innerduct ) 2. 2b0 LF Conduit installation (2" or 3" conduit ) 3. 23705 LF 19 AWG 12 Pair Traffic Signal Cable 4. 26 LF 12" Steel Casin Total Base Bid $ FEDERAL AID ITEMS ADDITIVE ALTERNATE 1(Gosford Road from White Lane to Kroll Wa } ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in figures) l . 9310 LF Conduit Installation (2" or 3" conduit) 2. 12695 LF 19 AWG 6 Pair Traffic Signal Cable Total Additive Alternate 1$ THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Page 1 of 4 D-1 FEDERAL AID ITEMS ADDITIVE ALTERNATE 2 (Min Avenue from Ha in Uaks Blvd, to Gosford Road ) ITEM .ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE {in figures) PRICE (in figures) 1. 2615 LF Conduit Installation (2" or 3" conduit ) 2. 2820 LF 19 AWG 6 Pair Traffic Si nal Cable Total Additive Alternate 2 $ FEDERAL AID ITEMS ADDITIVE ALTERNATE 3 (White Lane from Hw . 99 to South H Street ) ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTTTY MEASURE (in figures) PRICE (in figures) 1. 812 LF Conduit Installation (4" conduit with innerduct ) 2. 56 LF Conduit Installation (2" or 3" conduit) 3. 3055 LF 19 AWG 6 Pair Traffic Signal Cable 4. 152 LF Bored/Jacked Pie (6" Steel Casin ) Total Additive Alternate 3 $ Total Base Bid+Additive Alternate 1+Additive Alternate 2+Additive Alternate 3 $ Bidder acknowledges receipt of the following addenda: Clearly list any and all addenda .numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope. The representations made herein .are made under the penalty of perjury. Signed Bidder Company Address P.0. Box City, State Zip Code Area Code Telephone No. License No./Expiration Date Page 2 of 4 . D-2 PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the. case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Prices}and the respective Extension Price(s) and/or the Bid Total, the Unit Prices}shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following: 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 bythe estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one percent (0.5%} of prime Contractor's total bid, orTEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Address (City, State, Zip) Description of portion of work Name subcontracted (attach additional sheets if needed) Page 3 of 4 D-3 PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD Accompanying this proposal is [NOTICE: In the blank above, insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case maybe], in an amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NOTE--If bidder is a corporation, the .legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation;. if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is byan agent, otherthan an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with: the City Clerk of the City of Bakersfield prior to opening bids or submitted with-the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No. Place of Residence Date Page 4 of 4 D-4 BIDDER'S BOND (To Accompany Proposal) (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESENTS: THAT W 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 sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, hereunto annexed, to construct in the City of .Bakersfield as referred to in the NOTICE TO CONTRACTORS .attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required bylaw, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1N WITNESS WHEREOF, we have hereunto set out hands and seals this day of 20 . (Seal) (Seal) (Seal) Page 1 of 2 D-5 STATE OF CALIFORNIA ss. COUNTY OF On before me, Date personally appeared Personally known to me Proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislher/their authorized capacity(ies},and that byhis/her/their signatures} on the instrument the persons}, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary --------------------------------OPTIONAL=====__=_________________________=_=_ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION. OF ATTACHED DOCUMENT ❑ INDIVIDUAL - ❑ CORPORATE OFFICER Title or Type of Document Titles} PARTNER. S ❑ LIMITED O ❑ GENERAL Number of Pages ❑ ATTORNEY-IN-FACT ❑ TRUSTEE S , O ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Date of Document SIGNER IS REPRESENTING: NAME OF PERSONS} OR ENTITY(ES) Signer(s) Other than Named above Page 2 of 2 D-6 CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION BY DISADVANTAGED BUSINESSES IN SUBCONTRACTING (Complete and submit with Proposal} TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATION IN THE CITY OF BAKERSFIELD POLICY. It is the policy of the City of Bakersf field 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 subcontract 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 whole 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 OFTHOSE 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, 11.114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency,. or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable 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 bythe Executive Orders ortheir 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 Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of BAKERSFIELD DEPARTMENT ~F PUBLIC w~RKS In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall ref rain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,. profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, orthe contents thereof, or divulged information or data relative thereto, or paid, and wilt not pay, any fee to any- corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. .Note: The. above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned-that making a false certification may subject the certifier to criminal prosecution. D-9 DEBARMENT AND SUSPENSION CERTLFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, helshe or any other person associated therewith in the capacity of owner, partner, director, officer, manag~~t`: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • haS not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • -has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in 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 followin s ace. 9p Exceptions will not necessarily result in denial of award, butwll be considered in determining bidderresponsibili . For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The abovecertification is partofthe Proposal. Signing this Proposal onthesignature portion thereof shall also constitute 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 belief, 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 eachsuch 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 OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application 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, Cj Prime 0 Subawardee Enter Name and Address of Prime: Tier , if known Con ressional District if known: Con ressional District if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: 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, MI) address if different from No.10a) (last name, first name, Ml) (attach Continuation heet(s) if necessary) mount o ayment c ec a t at app y ype o ayment c ec a t at app y actual planned a. retainer a 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 Date(s) of Service, including officer(s), employee(s), or member(s) contacted, #or Payment Indicated in Item 11: (attach Continuation Sheets} if necessary} 15. Continuation Sheet(s) attached: Yes a No Q 16. Information requested through this form 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 Print Name: into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be Title: available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: $10,000 and not more than $100,000 for each such failure. Authorized for Local Reproduction Federal Use Onl : Standard Form -LLL Standard Form LLL Rev. 09-12-97 D-12 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply-for both the initial filing and material change report. Refe~r~to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identifythe type of covered Federal action for which lobbying activity isand/or has been secured - to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3.. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enterthe full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classif ication of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enterthe name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter .the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the applicationlproposal control .number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the. Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state. and zip code of the lobbying entity engaged by the reporting, entity identified in item 4 to influenced the covered Federal action. (b} .Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. .Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will. be made .(planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate boxes}. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and datethe form, print his/her name title and telephone number. Public reporting burden forthis collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget., Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF» D-13 LOCAL AGENCY BIDDER -DBE -INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the .second or third low bidder, it must be submitted and received as specified in Section 2 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CITY 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 WORK 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 PROVIDED2 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 applicable, 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 100% of item is not to be performed or furnished by DBE, describe Date (Area Code) Tel. No. exact portion of item to be performed or furnished by DBE. 3. See the Disadvantaged Business Enterprise section of Section 2 of Person to Contact (Please Type or Print) the Special Provisions to determine the credit allowed for DBE firms. CT Bidder • DBE Information (Rev 09-28-99) D-14 .DBE INFORMATION -GOOD FAITH EFFORTS City of Bakersfield Project Name: Federal-aid Project Number: BidOpening Date: Bidder Name: 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 forces) into economically feasible units to facilitate DBE participation. It is the bidder's .responsibility to 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 forthe 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 or insurance, and any technical 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/organization Method & Date of Contract Results h. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): Signature of bidder: Good Faith Effort Page 2 of 2 D-16 r, AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and (a California Corporation, Hawaii Corporation, Delaware Corporation, Individual, etc.) ("CONTRACTOR" herein}. a RECITALS .WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to ("Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of ("Project" herein} . The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether- specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is~an urban area and underground. obstructions including,. without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR 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 fully 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 1.1.6 Material and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9 Current State of California DAS 140 Form (if required by Specifications) 1.1.10 Drawings, if any. M .r 1.1.11 Public Contract Code § 22300 (Escrow Accounts). 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Dollars }which shall be paid as follows: The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a ten percent (10%) retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent (10%) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. E-1 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledge in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft .Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed inconformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER 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 Agreement maybe modified only in a writing approved by the City council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the.terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which -may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing. out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, .tools, materials and supplies necessary to perform the services set forth in this Agreement. 12. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements"} herein: 12.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: E-2 12.1.1 Provide coverage for owned, non-owned and hired autos. 12.1.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. 12.2 Broad form commercial general liability insurance, ISO form CG00 01 1185 or 88 providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 12.2.1 Provide contractual liability coverage for the terms of this Agreement. 12.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 12.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 12.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance orself-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. Additional insured endorsement shall use ISO .form CG201011 85 (in no .event with an edition date later than 1990). 12.5 Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this. Agreement, or insurance rated below. Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 12.6 All policies .shall contain an endorsement providing the .CITY with thirty (30) days written notice of cancellation or material change. in policy language or terms. All policies shall provide that- there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of .policies shall be delivered to CITY on demand. 12.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 12.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and re uired endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of q contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 12.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which maybe required by extensions of the policies o insurance. a 12.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not 6 in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACT in connection with this Agreement. 12.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. E-3 12.12 CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. ~13. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and em to ees against any and all liability, claims, actions, causes of action or demands whatsoever against PY them, or an of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, Y connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, com anies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this p A regiment whether or not caused in part by a party indemnified hereunder, except as limited by California Civil g Code section 2782 or CITY's sole active negligence or willful misconduct. 14. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Pro'ect. If no termination clauses are included in the Special provision this Agreement may be terminated for 1 CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: l) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant ste s to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the P default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, ermit or order of any governmental agency by CONTRACTOR applicable to the Project and where p CONTRACTOR does not cure said violation within ten (10) 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, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writin .with all necessary information to assure CITY that CONTRACTOR has the financial and other 9 necessa resources to perform the contract without breach. All information requested by CITY shall be rY 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 an work not completed, liquidated damages, delays by follow on contractors, materials and equipment Y rovided, desi ns commenced through the date of termination, and consequential damages. CONTRACTOR p g will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawin specifications and contracts, and construction supplies and aids dedicated solely to performing g the work. CONTRACTOR shall assign all subcontracts to CITY, however, .CITY may accept or reject said subcontracts at its sole discretion. 14.2 CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitlin CONTRACTOR to an equitable settlement for claims and Inabilities outstanding at the date of g termination and reasonable compensation for work -actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 15. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, an construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and Y other documentation relating to the Project. 16. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the ro'ect, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by pJ CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees R CITY ma withhold f rom any funds held by CITY concerning the project amounts sufficient to cover costs and Y ~4~ fees includin without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, Lien, 9 or legal action relating thereto. 17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all arties are a uall res onsible for authorship of this Agreement. Section 1654 of the California Civil Code shall P q Y p not apply to the interpretation of this Agreement. 18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent b certified or registered mail and be effective upon actual personal service or depositing in the Y United States mail. The parties shall be addressed as follows, or at any other address designated by notice: E-4 CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 (661) 326-3724 CONTRACTOR: 19. GOVERNING LAW. The laws of the State of California will. govern the validity of this Agreement, .its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 20. ASSIGNMENT. Neither this Agreement, nor any interest. in it, maybe assigned or transferred by any partywithout the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives,. successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.. This Agreement maybe executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof .prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, .become the property. of the CITY. 23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records. and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation -shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final. payment hereunder, and said records shall be made available to CITY representatives upon. request at any time during regular business hours;. ORPORATE AUTHORITY. Each individual si nin this Agreement on behalf of entities .represent 24 C 9 g and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the .obligations set forth in this Agreement. 25. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 26. CONTRACTOR'S LICENSE INFORMATION. License Number Expiration Date License Classification E-5 27. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD By: By: BOB PRICE Mayor Title: APPROVED AS TO FORM: .BART J. THILTGEN City Attorney By' APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: RAUL M. ROJAS .Public Works Director COUNTERSIGNED: By: GREGORY KLIMKO Finance .Director A E-6 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has on Date of Award , 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 WHEREAS, said Principal is required under the terms of said contract; and NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meeting Dollars lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to theirtrue intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be~fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting, from or caused by defective materials and/or faulty workmanship in the prosecution of .the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract- notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. And -the said surety, for value received, hereby stipulates .and agrees that no change, extension of time, alteration, or addition to the terms of the contract onto the work to be performed thereunder or the specifications accompanying .the same shall, in any way, affect its obligations on .this bond, and,it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's. fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , 20 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title `v (Seal} Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) 0 E-7 MATERIAL LABOR BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, Countyof Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has, on Date of Council Meeting , 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 Project Narne ;and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used . in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner the penal sum of One hundred percent 100%} of the total amount payable by the terms of the contract when the total amount payable does not equal or exceed five million dollars x$5,000,000); Fifty per, cent (50%) of the total amount paya^ ble by the terms of the contract when the total amount payable is not less than five million dollars and does not exceed ten million dollars ($10,000,000); Twenty-five percent (25%} of the total amount payable bythe terms of the contract when the total amount payable exceeds ten million dollars x$10,000,000.00} Dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OFTHIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have. complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not ~eceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, 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, in any way,, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract. or to the work or to the specifications, Said Surety hereby waives the provisions. of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , 20 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal r Signature for Principal, Title (Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) E-8 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (To be completed by the Contractor, if he elects to substitute securities in lieu of retention} THIS ESCROW AGREEMENT is made and entered into by and between: whose address is hereinafter called "Owner"; whose address is hereinafter called "Contractor' and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated. fiereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow. Agent shall notify the Owner within ten (10} days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention underthe terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ,and shall designate the Contractor asthe beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternative) ,the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit Y of the Owner until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a rightto draw upon the securities in the event of default bythe Contractor. Upon seven (7} days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. E-9 8. Upon receipt of written notification from the Owner certifying that the Contract is final com lete an Contractor has complied with all re uirements and roc p ~ d that the q p edures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and char es of the Escr The escrow shall be closed irnmediatel u on disburse g ow Account. y p ment of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications f rom the Owner and the Contractor pursuant to Sections (4) to (6},.inclusive, of this agreement and the Owner and Contractor shall hold Escrow A ent harmless fr Agent's release and disbursement of the securities g om Escrow and interest as set forth above. 10. The names of the persons who are authorized to ive written notice on beh 9 alf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective si natures are as fol 9 lows. On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address ~n behalf of Escrow Agent: Title . dame Signature Address At the time the Escrow Account is opened, the- Owner and Contractor shall deliver to the. Escrow Agent a fully executed counterpart of this Agreement. i N WITNESS WHEREOF, the parties have executed this Agreement b their ro er offi forth above. Y P p cers on the date first set Owner: Contractor: Title Title Name Name ` Signature Signature E-10 ii i I f I i I i i i f I i I i I i i I I i i j I i I I i i ~ t i I I i i i I i