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HomeMy WebLinkAbout2000 Special Provisions Project T0K011CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS, . SPECIAL PROVISIONS, ti.. BID PROPOSAL AND CONTRACT FOR RESURFACING/ INTERCONNECT VARIOUS STREETS IN THE ITY F BAKER FIELD 1 -2 C 0 S 999 000 PHASE I: . .Union Avenue- 21st St to Niles St Sillect Avenue-S. Arrow St to Gilmore Ave Coffee Road-Hageman Rd to Olive Dr. Mt. Vernon Avenue-Gateway Dr. to 300 ft north of Brundage Ln Bernard Street-New Market Wy to Oswell St Auburn Street-Fairfax Rd to 7001 Auburn St District Boulevard- Gosford Rd to Ashe Rd Chester Avenue- 34t" St to Columbus St BID OPENING: DATE: November 3, 2000 TIME 11:00 A.M. - COB Project No. TOKO11 Federal-Aid Project No.: STPL 5109-(054) - CML 5109-(061) ~K' '~1 '1. CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT ND ANNEX BUILDING 2 FLOOR ~ - 1 SO 1 TRUXTUN AVENUE 4 61 BAKERSFIELD, CALIFORNIA 93301 ~ ~ Project. Designer: JOHN FLORES w a Telephone: ( ) 80S 326-3724 ~ ~Q S:IPROJECTSVAF199-OUpr~jlfed-reslphllSpecs.wpd C ~1 ~ ; c 0~ ~ptil'~ B A K E R S F I E L D PUBLIC WORKS DEPARTMENT • ADDENDUM TO BID DOCUMENTS Addendum No. 1 Page 1 of 1 Project: Resurfacing llnterconnect Various Streets in the City of Bakersfield 1999-2000 -Phase one Bid Opening Date: November 3,2000. Time: 11:00 am . Today's Date: October 13, 2000 NOTICE TO ALL CONTRACTORS BEDDING THIS WORK You are hereby notified of the following changes and/or additions to the Plans and Specifications for the above referenced project. Such changes andlor additions are hereby made a part of the Plans. and Specifications and shall take precedence over anything to the contrary therein. SPECIFICATIONS: 1. Replace Bid Proposal Forms (PR-I,PR-2, and PR-3) with the attached sheets: (PR- I,PR-2 and PR 3 Addendum No. l}, 2. Insert Attachment No 1 ``Instructions for Completion of SF-ELL Disclosure of Lobbying Activities", 3 Insert Attachment No. 2 "Federal Wage Rates", and 4. Insert Attachment No. 3 "Federal Requirements for Federal-Aid Construction Projects". PLANS: There are no modifications to the plans. NOTE: All contractors bidding this Work shall denote in their proposal. that they have receivedADDENDUIVI N0.1. 5 ~ i Addendum approved ~ • - ~ Civil Engineer IV Purchasing., Officer S:IPROJECTSIJAF199-OOprojlfed-reslph 1ladd-cover.wpd ~:~n1 11els• cnnlnml~o~ K ~M11 De•inf Timo• 11 •'lf2~m rill 11 L,QIG. VGrl1GIIIYGI VI 4VVV. ~~~ll ~~~i~v. ~.vYNi~~ PROPOSAL FOR RESURFACINGIINTERCONNECT VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as specified in Section 4 of these Special Provisions, 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. FEDERAL AID ITEMS STPL-5Q19 (054) ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION N0. QUANTITY MEASURE PRICE PRICE (in figures) {in figures) 1. 7 EA Channelizers 2. 72 EA Adjust Manhole 3. 9 EA Adjust Survey Monument & Encasement 4. l 7,361 SQ YD Cold Plane Asphalt Concrete Pavement 5. 940 CY Excavation 6. 2 STA Shoulder Backing 7. l LS Finishing Roadway 9. 6,876 SQ YD Prepare Roadway 10. 17,200 TONS Asphalt Concrete (Type `B', 3/4" max. med.grad.) 11. 91 TONS Asphalt Concrete (Leveling) 12. 14,000 SQ YD Pavement Reinforcing Fabric (Overlay) 13. 4,338 SQ FT Pavement Markings (White) 14. 424 SQ FT Pavement Markings (Yellow) Signed Bidder Page 1 of 6 Resurfacing/Interconnect Various Streets in the City of Bakersfield 1999-2000 -Phase One Addendum No. One PR-1 PROPOSAL FOR: RESURFACING/INTERCONNECT VARIUUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION N0. QUANTITY MEASURE PRICE PRICE (in figures) (in figures) 15. 24,760 LF Traffic Stripes (Detail 9) 1 b. 10 LF Traffic Stripes (Detail 10) 17. 2b LF Traffic Stripes (Detail 21) 18. 880 LF Traffic Stripes (Detail 22) 19. 250 LF Traffic Stripes (Detail 24) 20. 39 LF Traffic Stripes (Detail 27} 21. 21 LF Traffic Stripes (Detail 27B) 22. 177 LF Traffic Stripes (Detail 29) 23. 1,120 LF .Traffic Stripes (Detail 31) 24. .7,360 LF Traffic Stripes (Detail 32) 25: 3,331 LF Traffic Stripes (Detail 38) 2b. 1,004 LF Traffic Stripes (Detai138A} 27. 100 LF Traffic .Stripes (Detail 39) 28. 5,4b0 LF Traffic .Stripes: (Detail 39A) 29. 1,820 LF Traffic Stripes (Detail 40A) 30. 41 EA Pavement Markers (FH Type `D' Reflectors) 31. 13 EA Type A Detector Loop (b'xb') 32. 12 EA Type B Detector Loop (b'xb') 33. 4 EA Type C Detector Loop (3'x15') 34. 23 EA Type C Detector Loop (b'x50'} 35, 1 LS Transport and Stockpile Milled Material FEDERAL AID ITEMS CML- 5109-(061) 36. 3,195 LF 2" Conduit (w/Cable and Pull String) Signed Bidder Page 2 of 6 Resurfacing/Interconnect Various Streets in the City ofBakersfield-1.999-2000 -Phase One Addendum No. Une PR-2 PROPOSAL FOR: RESURFACING/INTERCONNECT VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I CHESTER AVENUE BIKE LANE STRIPING NON-FEDERAL AID ITEMS ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION NO. QUANTITY MEASURE PRICE PRICE rt (in figures) (in figures) 37. '18 EA Install Roadside Sign (w/ GSP post) 38. 454 SQ FT Pavement Markings. (White) 39. 1,8b3 LF Traffic Stripes (Deta139A) 40. 3 EA Type C Detector Loop (3'x 15') PROJECT TOTAL: AMOUNT $ Signed, Bidder Page 3 of b Resurfacing/Interconnect Various Streets in the City of Bakersfield 1999-2000 -Phase One Addendum No. One PR-3 Local Assistance Procedures Manual EXHIBIT 1..E PS&E Checklist Instructions attachment G Lti'STRUCTIOi~S FOR COMPLETION'. OF SF-LLL, DISCLOSURE OF LOBBYL~G ACTIVITIES • ere ortin enti ,whether subawardee or prime Federal This disclosure form shall be completed by th p g , tY v' us film eci ien at the initiation or receipt of covered Federal action or a material change to pre io g P ~ 'tle 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to p~usuant to ti enti for influencin or attempting to influence an officer or employee of any make payment to lobbying ty g Con ess an officer or employee of Congress or an employee of a Member of Congress agency, a Member of gT sheet for additional information if the in connection with a covered Federal action. Attach a continuation ' te. Com lete all items that apply for both the .initial filing and material change space on the form. is uiadequa P f Maria ement and Bud et for re ort. Refer to the implementing guidance published by the Office o g g p.. • additional information. • action for which lobbying activity is andlor has been secured to 1. Identify the type of covered Federal . .influence, the outcome of a covered Federal action. 2. Ident' the status of the covered Federal action. • If this is a follow-u re ort caused by a 3. Identify the appropriate classification of this report.. P P ' the information reviously reported, enter the year and quarter in which the matenai .change to P r the date of the last, previously submitted report by this reporting entity for .change occurred. Ente this .covered Federal action. ude Con ssonai r the full name address, city, State and tip code of the reporting entity., Incl gre • 4. Ente ~ ification of the re ortin entity that designates if it is District if known. Check the appropriate class P g t rime or subaward recipient. Idenrify the tier of the subawardee, e.g., the firs or expects to be a p wardee of the rime is the first tier. Subawards include but are not limited to subcontracts, subs P subgrants and contract: awards under grants. a address r anitation film the re ort in Item 4 checks "Subawardee" then enter the .full nam , , 5. If the o g g P ' and Zi code. of the rime. Federal recipient. Include Congressional District, if known. city, State p P Include at least one Enter the name of .the Federal agency making the award or loan commitment. v below a enc name, if known. For example, Department of Transportation, 1 organization le eI g y United States Coast Guard. If known -.the Federal ro name or description for the. covered Federal action (item 1) , 7. Enter P . atalo of Federal Domestic Assistance (CFDA) number for grants, cooperative enter the full C g agreements, loans and loan commitments. ' icaton ro riate Federal identifying number available for the Federal action identif 8. Enter. the most app p em 1 e, . Re uest for Proposal (RFP) number, Invitation for Bid (IFB) number, grant ui it ~ g' q ward number, the a licationlproposal control announcement number, the .contract ~ rant. or loan a n PP - u ber assi ed b the Federal. agency). Include prefixes,. e.g., RFP-DE 90 001. rim gn y derai action where there has .been, an award or loan .commitment by the. Federal • 9. For a covered Fe ederal amount of the awardlloan commitments .for the prime entity identified in agency, enter the F -item 4 or 5. en a ed b the 10. a .Enter the full name, address, city,. State and Zip code of the lobbying entity g g y ~ } ced the covered Federal action. reporting entity identified in item 4 to influen ifferent 11 names of the individual(s) performing services and include full address if d (b) Enter the fu Ml . ..from 10 a . Enter Last Name, First Name and Middle Initial ( ) f com ensation aid or reasonably expected to be paid by the reporting entity 11. Enter the amount o P bb in enti item 10). Indicate whether. the payment has been made (actual} or (item 4) to the to y g tY ( ere ort enter the will be made Tanned}. Check all boxes that apply. If this is a material Chang p , (P cumulative amount of payment made. or planned to be made. riate box es . Check all boxes that apply. If payment is made through an ~n-kind 12. Check the approp ( ) contribution, specify the nature and value of the m•kind payment. .Check the a ro riate box(es). Check all boxes that apply. If other, specify nature. 1~ PP P Page 11-86 February 1,1998 Attachment 1 GENERAL DECISION CA000032 09/OS/00 CA32 General Decision Number CA000032 Superseded General Decision No. CA990032 State: California Construction Type: BUILDING DREDGING HEAVY Q 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 02/11/2000 1 0,4/14/2.00.0 2 06/09/2000 3 06/16/2000 4 06/30/2000 5 07/28/2000 6 08/11/2000 7 08/18/2000 8 08/25/2000 9 09/08/2000 ATTACHMENT 2 ADDENDUM # 1 Resurfacing/interconnect Various. Street in the City ofBakersfield- 1999-2000 Phase One cARP0oo2z o7/0l/2ooa Rates Fringes CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer Hardwood Floor Worker 26.18 6.38 . Shingles 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 6.38 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 sewers or 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 additona3. CARP0003H 07/01/1999 Rates- Fringes MODULAR FURNITURE INSTALLER 13.08 3.98 L4W WALL MODULAR TECHNICIAN 17.80 3.98 _ FULL WALL TECHNICIAN 21.88 3.98 ELE00011G 01/01/1997 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: _ COMMUNICATIONS & SYSTEMS: Tnstaller 18.03' - -3% + 3.50 Technician 18.78 3a + 3.50 SCOPE OF WORK: Installation, testing, service- and maintenance. of systems utilizing the transmission and/or transference. of voice; sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom :and telephone interconnect, inventory control systems, microwave transmission, ;multi-media, multiplex, nurse .call systems, radio page, school intercomand sound,'burglar alarms, .fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed. systems;~inclusion or .exclusion of terminations and testings of conductors determined by their function; excluding-all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems.. Installation or maintenance of all sound and communications work performed at China-Lake Naval Ordnance Test Station, Ed-wards Air Force Base, Elk Hills Naval Petroleum Reserve, or at new or existing ,federal, or state prisons shall be performed at the inside wireman wage rate and fringe benefit amount . Fire alarm work shall be performed at the inside wireman wage rate and fringe benefit amount. . ELEC0428A 06/01/2000 Rates Fringes ELECTRICIANS: ATTACHMENT 2 ADDENDUM # 1 ResurfacinglInterconnect Various Street in the City of Bakersfield-1999-2000 Phase One GROUP 21 30.13 10.55 GROUP 22 30.23 10.55 GROUP 23 30.34 10.55 ...GROUP 24 30.46 10.55 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 27.30 10.55 GROUP 2 28.08 10.55 GROUP 3 28.37 10.55 GROUP 4 28.51 10.55 GROUP 5 28.73 10.55 GROUP 6 28.84 10.55 GROUP 7 28.96 10.55 GROUP 8 29.13 10.55 GROUP 9 29.30 10.55 GROUP 10 30.30 10.55 GROUP 11 31.30 10.55 GROUP. 12 32.30 10.55 .GROUP 13 33.30 10.55 TUNNEL WORK: .GROUP 1 27.80 10.55 GROUP 2 28..58 10.55 GROUP 3 29.01 10.55 GROUP 4 29.23 10.55 GROUP 5 29.34 10.55 .GROUP 6 29.46 10.55 GROUP 7 29.76 10.55 ,FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00.. per- hour additional. Combination mixer and compressor operator on gunite work shallbe classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, ;elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor. plant operator,-pump operator, signal,, switch. GROUP 2: Asphalt-rubber plant operator (nurse .tank operator), concrete mixer operator - skip type,. conveyor operator, fire person,. hydrostatic pump operator, oiler crusher (asphalt or 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,. Ferguson (with dragtype attachments), helicopter radio (ground), stationary pipe wrapping and cleaning machine operator. GROUP 4: Asphalt plant fire person, backhoe operator (mini-max or similar type), boring machine '..operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete cleaning decontamination machine operator, concrete .pump. operator (small portable), drilling machine operator, small auger. types (Texomasuper 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 signal,. hydra-hammer-aero stomper, power concrete curing machine . operator,. power concrete saw operator, power-driven jumbo-form setter. operator, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete}, trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck/multi-shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener,. concrete joint machine operator (canal and similar type), .concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger types (Calweld l00 bucket or similar types - Watson 1000 auger.. or .similar. types... - Texoma 330..,. 500 or 600 auger or similar types - drilling depth of 45' .maximum), drilling macha.ne operator (including water wells incidental to building, heavy or highway construction}, hydrographc seeder machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar), pavement breaker operator (truck mounted), ATTACHMENT 2 ADDENDUM #1 Resurfacing/Interconnect ~Iarious Street in the City of Bakersfield- 1999-2000 Phase One 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 t 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 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 any combination, excluding compaction units - single engine, over 50 yds. truck), rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and: similar types in any combination, excluding compaction units - multiple engine, Euclid., Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps ;and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (singleengine, up to and including 25 yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull ystem (.single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all. attachments over 25 yds. and up to and including 50 yds. struck)., rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (mul,tiple engine, up to .and. including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck), rubber-tired earth=moving .equipment operator, operating equipment with the tandem push-pull system (multiple engine,-Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 24: Concrete pump operator -truck mounted, rubber-tired earth-moving equipment operator, 'operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES; PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist ATT.~CHMENT 2 ADDENDUM # 1 Resurfacing/Interconnect Various Street in the City of Bakersfield- 1999-2000 -Phase One Lever-person 31.85 10.35 Dozer operator 28.38 10.35 ' Welder; Deckmate 28.27 10.35 Winch operator (stern winch on ,dredge) 27.72 10.35 Fire. person -oiler; Leveehand; ' Deckhand; Barge person 27.18 10.35 Barge mate 27.79 10.35 IRONOOOIQ 07/01/2000 Rates Fringes IRONWORKERS:. Fence erector 23.94 14.375 Ornamental., reinforcing and structural 24.83 14.375 FOOTNOTE: - Work at China Lake Naval Test Station and Edwards Air Force Base: $3.00 per hour additional. LAB00001B 07/01/1999 Rates Fringes BRICK TENDER 18.43 9.44 LAB00002H 07/01/1999 Rates Fringes. LABORERS: GROUP 1 18.18 9.49 GROUP 2 18.58 9.49 GROUP.3 18.T8 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 GROUP 3 21.3 7 9.4 9 GROUP 4 21.b5 9.49 GUNITE LABORERS: GROUP 1 20.89 11..43 GROUP 2 19.94 11.43 GROUP 3 16.40 11.43.: HOUSEMOVERS (ONLY 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 classification rates. workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on aportal-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 ATTACHMENT 2 ADDENDUM # 1 Resurfacing/Interconnect. Various Street in the City of Bakersf eld-1999-2000 Phase One GROUP 3: Blaster, driller, powder person; Chemical grout jetperson; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; .Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person LAB00224F 01/01/1999 Rates Fringes PLASTERER TENDER: Edwards Air Force Base; Elk Hills Naval Reserve; and Naval Air Weapons Station, China Lake 18.64 7..91. Remainder of County 14.96 7.91 LAB00882B 09/01/1998- Rates Fringes ASBESTOS REMOVAL LABORER 10.37 3.76 SCOPE OF WORK: Includes side mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic. waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB01184A 07/01/1999 - Rates Fringes LABORERS - STRIPING: GROUP 1 18.61 7.90 GROUP 2 19.01 7.90 -GROUP 3 20.58 7.90.. - GROUP 4 21.58 7.90 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, :including repair and filling of cracks:. by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of alL related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting,, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all. related machinery and equipment. GROUP 3: Traffic delineating device applicator: Layout. and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other -traffic delineating devices including-traffic control. This category includes all traffic related surface preparation (sandblasting, waterblastng, grinding) as part of the application proces Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and-parking delineation barricades, fencing, cable anchor, guard rail, reference. signs, monument markers; operation of all related machinery and-equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings;.hot thereto plastic; tape traffic stripes. and markings, including traffic control; operation of all related machinery and equipment ATTACHMENT 2 ADDENDUM # 1 Resurfacing/Interconnect Various Street in-the City ofBakersfield-.1999-2000 Phase One 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 Kerrville, 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 .Center and Ridgecrest 27.67. 8.87 FOOTNOTE: Work from a swinging scaffold, swinging basket, spider or from a bosun chair: 10% above the regular rave of pay for that day. ~ . ROOF0027A 09/01/1998 Rates Fringes ROOFER. 20.15 6.30 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products, or any material containing coal. tar pitch, on any building old or new, where both asphalt and pitchers are used .in the.application of a.bult-up roof or tear off: $2.00 per :hour additional., * SFCA0.669G 04/01/2H0 Rates Fringes 'SPRINKLER FITTER (FIRE) 27.35 5.95 SHEE0102D 01/01/1999 Rates Fringes EAST OF HWY. #395 FROM RED MOUNTAIN TO THE INYO COUNTY LINE: COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for creature comfort and computers. clean rooms, architectural metals, metal roofing and lagging, over ..insulation 27.51 9.00 SHEE0102E 01/01/1999 Rates Fringes EAST OF HWY. #395 FROM RED MOUNTAIN-TO THE INYO COUNTY LINE: .INDUSTRIAL SPECIALTIES SHEET METAL WORKER: Work on all air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and . ATTACHMENT 2 ADDENDUM # 1 Resurfacing/Interconnect Various Street in-the CityofBakersfield-1999-2000 Phase One Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) .(v)) , In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate. unions whose rates have been determined to be - prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests. for summaries of surveys,. should be with the Wage and Hour Regional Office for the area. in which the survey was conducted because those Regional Offices have responsibility .for the Davis-Bacon survey program. If the response from this. initial contact is not satisfactory, then the process described. in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations wage and Hour Division U. S. Department of.Labor 200 Constitution Avenue, N. W. Washington, D. C. .20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the ..action) can request review and reconsideration from the Wage and. Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: -Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 Thee request should be accompanied by a full statement of the interested party's position and by any information {wage payment-data, project description, area practice material, etc.) that the requester 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: Admnstrative.Review Board U. S. Department of Labor 20.0 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ATTACHMENT 2 ADDENDUM # 1 Resurfacing/Interconnect Various Street in the City ofBakersfield- 1999-2000 Phase one Local Assistance..Procedures 1~ianual EXHIBIT 12.E PS&E Checklist .instructions attachment ~ SECTIO~+' 1•t. FEDERAL REQL'IRE~IEtiTS FOR FEDER~L•.aID CONSTRUCTION' PROJECTS GEYERAL.-The work herein .proposed will be financed in whole or in part with Fcdcral funds, and therefore a!1 of the (This fam rietd not be filled in if all joint. venture fans are statutes, rules and regulations promulgated by the Federal Gov- minority owned,) ernmtnt and applicable to work financed in whole or in part with Ftdcral funds will apply to such work. The "Required Contract Provisions, Federai•Aid Construction Contracu, I • Name of joint venture "Form FHWA 1213, are included in this Section 14. Whenever in said required contract provisions references an made to »SHA contracting offiar," "SHA "resident engineer," or , , authorized representative of the SHA, such references shall bt 2. Address of Joint venture construed to mean "Engineer" as defined in Section l•?.I8 of the Standard Specifications. PERFORMAIr'CE OF PREVIOUS CONTRACT -In ad• 3. Phone nurnbcr of joint venture dition to the. provisions- in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the rr qured contract provisions, the Contractor shall cornpiy with , , -the following: 4. Identify the .firms. which comprise the Joint venture.. (The MBE er must com lets Schedule A. The bidder shall execute the CERTIFICATION VVTf H RE P~ P ) GARD 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 S10,o00 .will be considered under the provisions of a. Describe the role of the 1~E firm in the joint venture. Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION refaced to above, executed by the proposed subcontractor: NON•COLLUSIQN PROVISION.-The provisions in this , section are applicable to all contracts except contracts for b. D~scnbe very bnefly the- experience and business Federal Aid Secondary projects. , , Title 23, United States. Code, Section- 112, requires as a quahf cations 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 o~ the person, 5rm, association,, or corporation to whom such contact is to be .awarded, certifying :that such person, ~ association, or . , , cflrporation has not, tither directly or indirectly, cnttred into 5 Nature of the Joint venture s business any agreement, par'<icipattd in any collusion, or otherwise talon anv action in restraint. of ine competitive bidding n connection with the submitted bid. A form to make the non- 9 Y ~ b., Provide a co of the oint venture a cement. collusion affidavit statement ~ wired b Section 11 _ as a PY j ~ ~ certif cation under penalty of perjury rather than as a sworn ~ statement as permitted by 28, USC, Sec. 1146, is included in the What is the claimed Percentage of MBE ownershJp. _ proposal. PARTICIP~►TI4N BY MINORITY BUSINESS EN- 'TERPRISES IN SUBCONTRACTiN~ --Part. 23, Title 49, 8.Ownership of joint venture: (This need sot be fiIIcd in if Cody of Federal Regulations applies to this Federal-aid project. . , (Pertinent sections of said Code art incorporated in part or in its desenbed in the Joint venture agi~eernent, pro ided by entirety within other sections of these special provisions. question b.). Schedule B--Information for Determining Joist Vtnttiirc Eli- gibility Revised 3.95 08.47-95 FR-1 Page 12-b3 February 1,1998 Attachment 3 Local Assistance Procedures tiianual EXHIBIT 1Z•E PS&E Checklist Instructions Attachment B REQi,'IRED C0~'TRaCT PROti'ISIONS FEDER.AL•AID CONSTRL'CTIO;~ C0:`TRACTS (Exclusive of Appalachian Contracts) Disputes within the meaning of this clause include disputes Page between the contractor (or any of iu subcontractors) and the I. General .NN.N.N..NA...N....NN.N.N. N..«N.NN 3 .contracting agency, the DOL, or the contr'actor's employees or II. Nondiscrimination N..N.N..._.........N...NN..........~.N......N... 3 ~~ir ropreuntativcs. III. Nonsegregated Facilities .~,M.N.•....MNN.N•.•4.•.•.N.NN.N.N. S 6. Setectioo of Labor: During the ptrfonnancc of this N. Pa eat of Predetcrmtned Minimum W ~ .NNNNN..•. 6 • Ym a8 contract, the contractor shall not. V.., s.tateme~tS .and Payrolls. N...N.NMM.....N...NNM.NNN...N.NN.. 8 VL Record of Materials, Supplies, and Labor ....~.NNNNN.. 9 a. discriminate against labor f2~om any other State, posses- VII. Subletting or Assigning the Contract NNNN.N.......NNN 9 sion, or urritory of the United Staters (eXCept for. employment _ VIII. Safety: Accident. Prevention N/r ~N.NNNNN 10 prefa~aice for Appalachian contracts, when applicable, as Dt False Statements Concerning Highway ProjectN.N.. 10 specified to Attachment A), or X Implementation of Clean Air Acs and Federal Water b. employ convict labor for any purpose within the limiu Pollution Control. Act.N...M.M.NMNMNM.NN.•Mr.M.N.....NN... 10 of the project unless it 1S Iabor perfocnted by conviCLS who are . XT. Certification Regarding Debarment, Suspension, on parole, supervised. release, or ;probation. .Ineligibility, and Voluntary Exclusion M...NN.N..N.M• 11 XII. Certification Regarding Use of Contract Funds for II. NONDISCRIMINATION Lobbying N.~..~.~............N~.~~.......N..N 12 (Applicable to alI Federal-aid construction contracts and t o ATTACHMENTS all related subcontracts of 510,004 or more.} A. Employment Preference for- Appalachian Contracts 1. Equal Employment Opportunity: Equal employment (included in Appalachian contracts only).. opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity. as set forth under I GENERAL laws, executive orders, ni1GS, regulations (28 CFR 35, 29 CFR 1 b30, and 41 CFR 60} and orders of the Saretary of 1 These contract': provisions shah apply.. to all work per- Labor as modified by the provisions prescribed herein, and im- fonned on the contract- `by the contractor's own organization posed pursuant to 23 U.S.C. 140 shall constitute the EE0 and . and with the assistance of workers under he contractor's im• specific affirmative action standards for the contractor's project mediate'.supcrinundence and to all work performed on the con- activities under this contract. the ,Equal .Opportunity tact by piecework, station work, or by subcontract. Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities 2. Except as otherwise provided for in each section, the con- Act of ,1990 (42 U.S.C.12101 et sal.) sot forth under.28 CFR 35 tractor shall insert in each subcontract aI1 of the. stipulations and 29 CFR .1630 are mcorporated by refermee >m thts contract.. contained in these Required Contract Provisions, and further In the execution of this contract, the :contractor agrees to comply re9uire their inclusion in any lower Llef subcontract or with the following minimum specific requirement. activities of purchase order that may in turn be made. The Required Contract EEO; Provisions shall not be incorporated by refcrcoce in any case. The prime contractor shall be responsible for compliance by any a. The contractor will work with the State highway agency subcontractor or lower tier subcontractor with these.. Required -(SHA) and the F~d~ra,l Govtrnmcnt in carrying: out EEO Contract Provisions. obligations and in their review of hisltrcr activities under the contract. 3. A breach of any of the tipuiations contained in these Re• qured Contract Provisions shall be s fficient grounds for b. The contractor .will accept. as his.. op~ratiag .policy the urnination of the contract. following statement: 4. A .breach of the following clauses of the Required Contract "It is the policy of this Company to nssrue that applicants Provisions may also be grounds for dcbarrrtent as provided in Qre enployed and that employees ere treated during employ- 29 CFR 5.12: meet, without regard to their tore, religion, sez, color, na- _ tionol orig,~ age or disability. Such.. action shall include: Section I, paragraph 2; employment,.. upgrading, demotion, ,or transfer; recruitment or Section N, paragraphs 1, 2, 3, 4, and recruitment advertising; layd~j or terminction; rates of pay or Section V,-.paragraphs 1 and 2a through 2g. other. forms ojcompensation; and selection... jot training, in- cluding apprenticeship, preapprcnticeship, and/or on•the job 5. Disputes arising.. out of the labor standards. provisions of training.," Section N (except paragraph 5) and Section V of these Required Contract Provisions shall not ~ 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 ofl"icers an EEO Offerer who. will resolved in accordance with the procedures of the U.S. De- have the responsibility for and must be capable of effectively partmcnt of Labor (DOL) as set forth in 29 CFR 6, and 7. Form I2~3 - Revistd 3-95 08.07-9 ~ FR-3 Page 12-b~ February 1,1998 .Local Assistance Procedures ,tiiaoual EXHIBIT IZ•E PS&E Checklist Instructions Attachment B 7, Unions: If the contactor riles in ~~holc or in part upon 9. Records and Reports: The contractor shall k~cp such unions: as a source of a„~ployees. the con actor will use his1her records as necessar'ti• to document compliance. with the EEO best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained far a period of opportunicics for .minority groups and women within the three yeah following completion of the contract work. and shah 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: ~ The records kept by the contractor shall document the following: a. The contractor will use best efforts to develop, in coop- cration with the unions, joint training programs aimed (1) The number of minority and non•minoriry group toward qualifying more niinonty group membas and women member 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 employmrnt op- b.The contractor will use best efforts to incorporate an portunitics for minonties and woman; EEO clause into each union agreement to the end that such union will be contracnially bound to refer applicants with- (3) The progress and efforts being made in locating, hir• out regard to their race, color, religion, sGx, 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} Thd progress and. tffort~ being made in securing th e practices and policies of the Labor union exctpt that to the ex• services of DBE subcontractors or subcontractors with tent ..such. information is within thn 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 end shall .set forth what efforts have b~cn made to b. Thee contractors will submit an annual report to the SHA obtain `such .information.. each July for the duration of the project, indicating the ream- ber of minority, 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 -tot with a reasonable flow of minority and women referrals- contract work. This information is to be reported on Form within the time Limit set forth in the collective bargaining FHWA•I391. Tf on-the-job training is being required by agreement, the contractor will, through independent recruit= special provision, the contractor will be required to collect mcnt efforts, fill ibe employment varancics without regard t o 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 i t shaIL be no excuse that the union with which the contractor. Applicable to all Fedcral•ad constniction contracts and to bas a collective ~urgaining agreement providing for occlusive all related subcontracts of .510,000 or more.) referral failed to refer minority employeas.) In the event -the . union rcfaral practice prevents the contractor tom meeting a. By submission of this bid, the execution. of this contract the obligations pursuant to Executive Order l 1246, as or subcontract, or the consummation of this material supply amended, -and these special provisions, .such. contractor shall agrcem~sit or purchase order, as appropriate, the bidder, immediately notify thn SHA.. Fedtral•aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does 8. Selccttoo of Subcoatraciors, Procurement of Materials not maintain. or provtd~ for. its employees. any s~gregac~d and Leasing of Equipment: The .contractor shall not facilities ai any of its establishments, and that the firm does discriminate on the grounds of race, color, religion, sex, not. permit. its employees to perform their services at any national origin,. age or disability in the selection and retention location, under its control, when segregated facilities arc of subcontractors, including procurement of materials and teases maintained Thy 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 t o a. The contractor shall notify ,all potential subcontractors adequate facilities on the basis of sex or disability. and suppliers of hisJhcr EEO obligations under, this contract, b. As used in this certification, the tcnn "segregated facili• b. D~sadvan red business ent rises BE), as defined mg ~P ~ ties" mraris any waiting :rooms, work areas, restrooras and ill 49 CFR 23, shall have equal opportunity to compeu 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 or entertainment areas, efforts to solicit bids from and to utilize DBE subcontractors transportation,. and housing facilities provided for employees or subcontractors with meaningful minority group and female .which. are s'egrcgated by explicit directive, or are, in 5~ seg• representauoa among their employees. Contractors shall regaud 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 1113 - Rcvisod 3.95 oa•a~-9s FR-5 Page 12-67 February 1,1998 L4ca1 Assurance Procedures :Manual EXHIBIT I2-E PS&E Checklist Instructions Attachment B ' as sfatcd in the wage determinatior► or shall pa~~ another bona (~i) In the went the Bureau of Apprenticeship and Train- fide fringe benefit or an hourly case eguivalert thereof. ing, or a State apprenticeship agency recognized by the Bureau, withdraws,approval of an apprct'tticeship program. b. If the contractor or subcontractor, as appropriate. does the contractor or subcontractor will no longer be permitted not makb payments to a trustee or other third person, he!she to utilite apprcntic~s at less than the applicablc predctcr- may consider as a part of the wages of any laborer or mechanic mined rate for the comparable. work perfarmed by regular the arriount of .any costs reasonably anticipated in providing employees until an acceptable program is approved. bona-fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written b. Trainees: request of the contractor, that the applicable standards of the Davis•Bacon Act have be~eri met. The Secretary of Labor a3ay (1) Except as provided in 29 CFR 5.16, trainees will not require the contractor to sa aside a a separate account assets ~ permitud to work at less than the predetermined rate for or the mccang of obligations under the plan or program. the work performed unless they an employed pursuant to and individually registered in a program which has 4 Apprentices sad Trainees (Programs of the U.S. DOL) received. prior approval, evidenced by formal cer'tificatioa end Helper: by the DOL, .Employment and Training Administration. a. Apprentices: (2) Thy ratio of trainees to journeyman-lwel employees on the. job site shall not be greater than permitted under the (I) Apprentices will be pe7rriitted to work at less than plan approved by the. Employment and Training Adtninis• the predetermined rate foe the work they performed when tration. _ Any cuiployee listed on the, payroll, at a trainee they arc employed pursuant to and individually registered rate who is not :registered and participating un a training in a bona fde apprenticeship program registered with the plan approved by the Employment and, Training Adminis- DOL Employment and Training Administration, Burcau of trauon shall be paid not Iess than the applicable wags raft Apprcnticcship and Training, or with a Stan apprentice-. on the wage determination for the classification of work ac• hip agency recognized by the Bureau, or if a person is ttrt- ~~ly performnd. In addition, nay trainee performing work ployed in hislhcr first 90 days. of probationary employment on the Job size in access. of the ratio perrrittud :under the as an` apprentice in such an apprcnticcship program, who i s ~g~ program shall be paid not I~ss than the applica- nat. Individually registered in the program, but who has ble wage rate on the wage deterniiria~tion for the work ~c~u~ been certified by the Bureau of Apprcnticcship and aIIY Performed. Training or a State apprenticeship agency (where appropri- 3 Ev trainee must be ate) to be eligible for probationary employment as an ap• O ~Y paud at not less than the. rate Prentice. specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level (2) The allowable ratio of apprentices to journeyman- hourly rate specified in the applicable wage determination. 1we1 employees on the job site in any cta~ classification Trainees shall be paid fringe bonefits ut accordance with shall :not be greater thaw the ratio peruiitud to the content- the provisions of the tramet~ program. If the trainee for-as o the entire work force under the registered program. program doe not mention fringe benefits, trainees shall be Any. employee listed on a payroll at an apprentice wage paud the frill amount of fringe benefits listed on the wage rate, who is not registered or otherwise employed as stated deteranuiation udless the Admuiistrator of the Wage and above, shall be paid not loss than the applicable wage rate.. Hour Divtston, determines that there is an apprenticeship listed in the wage determination for the classification of prograirn associated with. the cocrespondmg .Journeyman- r~ntcc r. level wage rate on the- wage determination which provides '.work actually performed In addition,. any app, Pe or le forming work on the Job site in excess of the ratio pcrmmed f ss than full fringe benefits for apprentices, in which under the registered .program shall be paid not less than the. such trainees shall receive- rho same fringe benefiu as applicable wage rate on the wage determination for the apprentices. work actually performed. Where a contractor or 4 v ubcontractor is performing construction on a project in a In the a cnt the Employment and Training Adminis- trauon withdraws approval of a training program, the core- locality other than that in which its program is registered, tractor or subcontractor will no Ion er be emitted to uti• the ratios and wage rates (expressed in percentages of the g ~ journeyman-Icv~l hourly rate) specified in the contractor's ze trainees at css than the applicablc predetermined rate or subcontractor's registered program shall be observed.. for the :work performed until as 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, expt~cssed 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: dctcnnination or is approved pursuant to :gram. If the apprenticeship program door not specify fringe the conformance proccdutc set forth in Section N1. Any benbfts, apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage raft, who is not benefts listed oa the wage determination for the applicable a helper under an approved definition, shall be paid not classification. If the Administrator for the Wage and Hour less than -the applicablc. wage raft on the wage Division determines that a different practice prevails for the d~teanination for the classification of work actually applicablc. apprentice classification, fringes shall be paid performed. in accordance with that dcurmination. Form 1213 - Revisod 3.95 08.01.95 Page 12-69 February 1,1998 Local Assistance Proceduresl►iaaual EXHIBIT 1Z-E PS&E Checklist Instructions attachment B c. Each contractor -and subcontractor shall. furnish. each ;rounds r"or dcbarm~nt action pursuant to ?9 CFR ~.1~. wok in which any contract work is performed, to the SH.~ resident engn~cr a payroll of wages paid each of its, cmp{o~~• VI. RECORD OF ti1ATERIALS, Si:PPLIES, A.~D ees including apprcnuccs, trainees, and helpers, described in LABOR Section 1V, paragraphs ~i and 5. and watchmen and guards en• gaged on work during the preceding weekly payroll period). 1.On all Federal-aid contracts on the National Highway Sys• The .payroll submitted shall set out accurately and completely ~ except those which provide solely for the installation of all of the information required to be maintained under porn- protective devices at railroad grade crossings, those which arc graph 2b of this Section V, This information may be submit- constructed on a force account or direct labor basis, highway led to any form desired. Optional Form WH•341 ~s available beautification contracts, and contracts for which the total final for this purpose and may be purchased from the Superinten• construction cost for roadway and bridge- is less than dent of Documents (Federal stock number OZ9.005.0014.1), 81,000,000 (23 CFR 635} the contractor shall: U.S. Govcmm~tit Printing Office, Washington, D.C. 2040?. The prime contractor is responsible fa the submission of a Become familiar with the List of specific materials and .copies of payrolls by all subcontractors. supplies contained in Form FHWA-41, "Statement of Matcri• als and Labor Used by Contractor of Highway Construction d Each .payroll submitted shall be accompanied by a Involving Federal Funds," prior to the commencement of work "$tatement of Compliance, signed by the contractor or sub- under this contract. contractor or his/her agent who pays or supervises .the pay- mcnt of the persons employed under the contract and shall b. Maintain a Kcord of the total cost of all materials and certify the following: su lies urchascd for and incorporated in the work, and also of the lilies of those ific materials and su 1 i c s l that tb~ a 11 for the a 11 riod contains the ~ ~ pp O P Y~ A y~ pe h 2b listed on Foan FHWA-47, and in the units shown on -Form informatson.nquu~cd to be maiutaiucd under. paragrap FHWA-47. of his section V and tbat such information is correct and compleu; c. Furnish, upon the completion of the contract, to the SHA resident engineer on Fomn FHWA-47 together with the data (2) that such labour or mechanic (includuig each helper, required in paragraph lb relative to materials and supplies, a appircnticc, and.trainee) employed on the contract during. flan! labor summary of all coatra~ct work indicating the total the payroll period has. been paid, the (till weekly wages hours worked and the total amount. earned. earned, without, rebate, eitb~r duectly or uid~nctly, and that. no deductions have. begin made either., directly or 2. At the prime contractor's option, either a single report indirectly from ..the full .wages.,, earned, other, than covering all contract work or separate reports for the conuactor permissible deductions as set forth in the R~gulauoas, 29 and for each subcontract shall be submitted.: - CFR 3; 3) that each laborer or mcchaiuc has been paid, not lbss VII- SUBLETTING OR ASSIGiYING THE CON- ( TRACT .that the applicable wage rate and fringe benefits or cash.. equivalent for the. classification of worked paformcd, as ' . specified in the applicably wage determination incorpo- 1. The contractor shah perform with. its own. ,organization rated into the contract. contract work amounting to not less than 30 percent (or a greater percentage if specif ed elsewhere in .the contract).. of th e e. The weekly submission of a properly executed certfca- ..total :original contract.,price,: excluding an~► .specialty items dcs• lion set forth on the reverse side of Opuonal Form WH-347.. ignated by the Stan. Specialty ttcau may 'be performed by sub- special shall satisfy the requirement for submission of the "Statement contract and the amount of any such ty items pcrfocmnd 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.1~ie 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. Z31. a. "Its own organization" shall be constivcd o include only workers employed -and paid duectly by the prime con• g. The contractor or subcontractor shall make tht records tractor and equipment owned or rented by the prune. contrac• required under paragraph 2b of~this Section V available for tor, with. or without operators. Such tam does not include inspection,, copying, or transcription by authorized employees or ~quiptnent of a subcontractor, assignee, or agent rcpreseritatives of the SHA, the FHVVA, or the DOL, and of theepuma contractor.... . shall permit such .representatives to interview employers during working.., hours on the job. If the contractor or b. "Specialty Ittais" shall be construed o 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- aftcr written 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 whole and in general arc to be limited to minor suspension of any `further payment, advance, or guarantee of components of the overall contract. funds: Furthermore, failure to submit the required records upon request or to make such records available may be Form 1.13 - Rrvised 3-95 48,1.9 s FR•9 Page 12-71 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B ..for the contract is under consideration co be listed on .the EP ~ g.11ic prospective primary participant further agrees b~~ List of Violating Facilities. submitting this proposal that it will ~nctude the clauu title "C~rtification Regarding Dcbarrnent, Suspension, Ineligibi!- 4. That the firm agrees to include or cause to be included the ity and. Voluntary Exclusion•Lower Tier Covered Transac- requiremcnts of paragraph 1 through ~ of this Section X in evctti~ lion," provided by the department or agency enering 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 for lower tier quircments. covered transactions. XL CERTIFICATION REGARDING DEBARMENT, h. A participant in a covcrcd transaction may rely upon a SUSPENSION, INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov- EXCLUSION ercd transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, tin l e s s 1. iostructions for Certification • Primary Covered it knows that the certification is erroneous. A participant Tr~nsac#ioos: may decide the method.and frequency by which it determines the eligibility of its principals. Each participant may, but i s not required to, check the nonprocurtrnent portion of the (Applicable to all Federal•aid contracts • 49 CFR 29) "Lists of Parties Excluded Frtixn Federal Procurement or Nonprocurcment Programs" (Nonprocurement List) which i s a. By signing and submitting this proposal, the prospcc• compiled by the General Services Administration. live .primary participant is providing the ccrtif tattoo set out below, i.I~othing contained in the foregoing shall be consented to . require establishment of a rystesn of records in order to render b. The utabihty of a person to provide the certification set ~ 8~ certification required by this clause. The out .below will. not necessarily .result in denial of partic• knowledge and iafornaation of participant is not regaircd to ipation in this covered transaction. The prospective par• exceed which is normally possessed by a prudent person tictpaat shall submit an explanation of why it .cannot provide ~ ordinary Co!>Z5e of businesrs dealings. the certification set out below. The .certification or explanation will.: be considered in connection with the dc- j, Except for transactions authorized under paragraph f of partment or agency's determination whether to inter into this. the instructions, if a participant in a covered transaction transaction. However, failure of the prospective, primary knowingly Writers .into a lower tier covered transaction with a artici t to furnish a certification or an lanaUon shall P, P~ ~P person who is suspended, debarred, ineligible, or voluntarily disqualify such a person lom participavon in this excluded .from participation in this transaction, in addition to transaction. other remedies available to the Federal Govcrntn~nt; the dc- partmcitt or agency may terminate this transaction for cause or c: The. cemf cation in this. clause is a material representa• default. lion of fact upon -which reliance was placed when .the depart- meet or agency determined to tour into this transaction, if i t ~ is later determined that: the prospective primary participant knowingly rendered an erroneous certification, in addition o Certification. Regarding Debarment, .other remedta available to thn Fod~ral Government, the de- Suspension, Ineligibility. and Voluntary partmcnt or agency; may terminate this transaction for cause of Exclusion-Primary. Covered Transactions .....:default.. 1. Thee prospective primary participant certifies to the best d. The prosptcwe 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 than :its certification :was erroneous when debarment,:. declared. ineligible, or voluntarily excluded submitted or -has become erroneous by reason of changed ECOrn ~ covered ransactions by .any Federal department or circumstances. ~ agency;. e The teRns "covcrcd transaction," "debarred," ~ suspended,n b. Have not within a 3•year period preceding th i s "ineligible," " P p lower leer covered transaction," artici .ant," proposal been convicted of or had a civil ~udgmcnt rcn- "person," "primary covered transaction, principal, dered against them for commission of fraud or a criminal "proposal," and "voluntuly excluded," as used in this clause, offense in conna.~tion with obtaining, attempting to obtasn, have the -meanings.. set out in the Definitions :and. Coverage or performing a public (Federal, State or.local} .transaction sections of rttles 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 statues 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 The cos dive rim artici ant es b submittin property; f, P P~ P azY P P l y g this proposal. that, should the proposed covcrcd transaction c. Are not presently indicted for or otherwise criminally be .entered into, it shall not knowingly inter into any lower or civilly charged by a governmental entity (Federal, Stag tier covered transaction with a person who is debarred, or local) with commission of any of the o~'enses enumerated suspended, declared incligbl~, or voluntarily excluded fcorri in paragraph lb of this certification; and participation to this covered transaction, unless authorized by the department or agency entering into this transaction. dorm 1213 - Rcvis~d 3.95 08-01.95 FR-11 Page 12-73 February 1,1998 Loc~I Assistance Procedures yiaoual EXHIBIT 1~-t. PS&E Checklist Instructions AiLacliment L grant,. Ioan, or cooperative agreement, the undersigned shall certification shall be sub}cct co a civil penalty of not less than complete and submit Standard Form-LLL, "Disclosure Form to S10,000 and not more than 5100.000 'for each such failure. Report Lobbying," in accordance with iu instructions. 3. The prospective participant also- agrees by, submitting h i s 2. This- certification is a material rcprescntation of fact upon or her bid or proposal that he or she shall require that. the lan- which reliance was placed when this transaction was made or gunge of -this ccrttficauon be included in all lower tics subcon- entered into. Submission of this certification is a prcr~qusite tracts, which exceed 5100,000 and that all such recipients shall for making or entering into this transaction imposed by 31 certify and disclose accordingly, L'.S.C. 1352. Any person who fails to file the required FEDERAIrAID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of 117 Sacramento, CA: "Required Contract Provisions Fedora!-aid Construction Contracts" the following are the goals. for female utilization: SMSA Counties: . 6920 Si~rs~a~aeato, CA. 16.1 :Goal for Women CA Placer, CA Sacramento; ~apptes ttationwide~ ..............(percent) N..~.,. 6.9 CA Yolo The following are goals for minority utilization: Non•SMSA Counties. NNM.M ~ _ } 4.3 CA Butts CA Coiusa; CA El Dorado; CA Glenn; CALIFORNIA ECONOMIC AREA. CA NeYa~da; CA Sierra; CA Sutra; CA Yuba. Goal (Percent). 118 Stockton-Modesto, CA: 174 Redding, CA: SMSA Counties: Non•SMSA Counties N.N.NN.N.NN.NN. N.....N.N.~ 6.Y 5110 ModestC,. CA....N.NN.NN.NN....NNN.....NN... 12.3 CA Lassen; CA Modoc; CA Stanislaus. CA Plumas; CA Shasta; 81 ZO Stockton, CA....N.NN.N.NN..:.NN.NN......N... 24.3 CA Siskiyou; CA Tehama. CA San Joaquin. Non-SMSA CotlIItieS.NNN...N.M.NN.NNN.. N.....N.N.N 19.8 115 Eureka, CA: CA Alpine;. CA Amador; CA Caiaveras; CA Mariposa; Non•SMSA Counties .NN..NNN.NN.NN.NN.NN.N.N 6.6 CA Merced; CA Tuolumne. CA Del Norte; CA Humboldt; CA Trinity. 179 Fresno-Bakcnf old, CA: 116 San Francisco-Oakland•$an Jose, CA: SMSA Counties: 0680 Bakersfield, CA......N...........NN.NN........... 19.1 SMSA Counties; CA Kern. ?I20 Salnas•S~aside• A•) 280 FresnO, CA N.NN.N.N N.N.N...N... N. N.NN...NN. 1 M rY{ 28.9 . •..Ont_• CA.....NN.N.NN...NN..N.N.N..M..NN.N.• C~ FrcS~O. CA Monuny. - ~ Non-SMSA Counties .......................N.N.N...N........ ?3.b 1360 San Franctsco-Oakland, CA.N......N..NN ..5. b A Alam CA .Contra Co CA Kings, CA Madera; C Ada, stn; CA Tulare. CA Mann; CA San Francisco; ~C~~A San Matto. 180 Los Angeles, CA: . 1 . YY S~~JosC, CA.NN~N.M...NN.N.NN~N.NN.MNM~..: 1 9.6. CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA....NNNN.N.NN....NN...N.N.N» 14.9 0360 AIIaheltn•Santa Ana-Garden CA Santa Cruz. Grove, CA...~.N...NN\N.NNNN.N..N.N.NNINN.N.N.N 11.9 1500 Santa Rosa, CA....N ..............N.N...N..••••~--• 9.I CA Orange. CA .Sonoma. 4480 Los Aagclcs-Long 8720 Valle}o-Fairfield- Napa, CA .............N.. t1.1 &a,ch, CAN....N..N.NN..NN.N..NNNW.NNMN.NNNN ~Y.3 CA Napa;. C.4 Solano CA .Los Angeles. 6000 Oxnard•Simi Vall~y- V Ivon•SMSA CounticsN.N..N.NN..NN..N..».NN.N...N.N 23..2 • C'ntUra, CA_.NN.N........INN......N.N.NN.N.N..N..N 21.5 CA Lake; CA Mendocino; CA Ventura. CA San Benito. Form 1273 Rcvisod 3.95 08.0.95 FR• 13 age 12.75 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-A Preliminary Estimate of Oust Uf:P;1RTMFNT ()F i'RANSP()RTATION SHEET PRELIMINARY ESTIMATE OF COST ► of I Contract Approval Expenditure Authorization Budget Allocation Date June 30, 1999 OG-927225E $.2,324,000 August 10,2000 District County Route Source of Funds 1D 6 KER NIA STPL KER990401 Federal-aid Nu[nber REStJRFACINC VARIOUS STREETS IN THE CITY OF BAKERSFIELD-PHASE STPL 5109 (054) ONE UNION AVENUE- 21st St to Niles St; SILLECT AVENUE-S. Arrow St to Gilmore St; COFFEE ROAD-No. of Hage[nan St to Olive Dr.; MT. VERNON AVENUE- Gateway Dr. to Brundage Ln.; BERNARD STREET- New Market Wy to Oswell St; AUBURN STREET- Fairfax Rd to 7001 Auburn St.• DISTRICT BOULEVARD- Gosford Rd to Ashe Rd. Unit Quantity Unit Price Amount Item No. Description FEDERAL AID ITEMS 1 Channelizers EA 7 $10.00 $70 2 Adjust Manhole EA 72 $420:00 $30,240 3 Adjust Survey Monument and Encasement EA 9 $420.00 $3,780 4 Transport and Stockpile Milled Material LS 1 $12,000.00 $12,000 5 Cold Plane Asphalt Concrete Pavement 17,361 $1.10 $19,097 6 Excavation CY 940 $10.00 $9,400 7 Shoulder Backing. STA 2 $234:00 $468 8 Finishing Roadway LS 6 $5,000.00 $30,000 9 Prepare Roadway SQYD 6,876 $0.70 $.4,813 10 Asphalt Concrete(Type'B", 314" max: med. grade) TON 17,200 $35.00 $6Q2,000 11 Asphalt Concrete (Type'B", 314" max. med. grade)(Leveling) TON 91 $35.00 $3,185 12 Pavement Reinforcing Fabric (Overlay) SQYD 1.4,000 $1.00 $14,000 13 Pavement Markings (White). SQFT 4,338 $3.00 $13,014 - 14 Pavement Markings (Yellow) SQFT 424 $3.00 $1,272 15 Traffic Stripes (Detail 9) LF 24,760 $0..33 $8,171 16 Traffic Stripes (Detai{ 10) LF 10 $0.33 $3 17 Traffic Stripes (Detail 21) LF 26 $5.00 $130 18 Traffic Stripes (Detail 22) LS 880 $1:20 $1,056 19 Traffic Stripes (:Detail 24) LF 250 $0:44 $110 20 Traflac Stripes (Detail 27) LF 39 $5.00 $195 21 Traffic Stripes (Detail 276) LF 21 $5.00 $105 22 Traffic Stripes (Detail 29) LF 150 $1.74 $261 23 Traffic Stripes (Detail 31) LF 1,120 $5.00 $5,600 24 Traffic Stripes (Detail 32) LF 7,360 $1.74 $12,806 25 Traffic Stripes (Detail 38) - LF 3,150 $fi.42 $4,473 26 Traffic Stripes (Detai138A) LF 170 $1:42 $241 27 Traffic Stripes {Detail 39) LF 100 $1.20 $120 28 Traffic Stripes (Detail 39A) LF 5,490 $1:85 $10;157 29 Traffic Stripes (Detai140A) l.F 1,820 $1.20 $2,184 30 Pavement Markers (FN Type'D' Reflectors) EA 41 $3.30 $135 31 Type A Detector Loop (6'x6'j EA 13 $245:00 $3,185 32 Type B Detector Loop (6'x6') EA 17 $245.00 $4,165 33 Type C Detector Loop (3'x15':) EA 4 $300.00 $1,200 34 Type C Detector Loop.. (6'x50`) EA 33 $610.00 $20,130 35 Traffic Stripes (Paint).` EA 7 $4,000.00 $28,000 36 Asphalt Sealant EA 7 $6;000.40 $42,000 PROJECT TOTAL $887,767 LENGTH IN MILES 2:7 STPL Participating Cost $785,940. Contingency $79,899 CE $29,030 Estimate By: John Flores TOTAL °$996,696 Checked By: Approved: Page 12-39 February 1, 1998 S:IPROJECTSIJAF199-OOprojlfetl-reslph1112-a.wb3 TABLE O~ CONTENTS NOTICE TO CONTRACTORS 1 GENERAL DESCRIPTION OF WORK 3 SPECIAL PROVISIONS SECTION 1-DEFINITIONS AND TERMS 1-1.01 General 4 1-1.02 Definitions and Terms 4 SECTION 2 -PROPOSAL REQUIREMENTS 2-1.01 General Information 5 2-1..02. Approximate Estimate 5 2-.1.03- Examination of Plans, Specifications, Special Provisions, and Site of Work 5 2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities 5 _2-1.05 Proposal Form 5 2-1.06 Bidder's Guarantee 5 2-1.07 Required Listing. of Proposed Subcontractors . 5 2-1.08 Bid Submittal Items ~ , . 6 2-1.Q9 Omissions in Specifications and. Drawings 6 2-1.10 Withdrawal of Proposals 6 2- l . l l Public Opening of Proposals . 6 - 2-1.12 Relief of Bidders 6 2-1.13 Disqualification ofBidders 7 2-1.14 Disadvantaged Business 7 2-1.15 DBE Goal for this Project 8 2-1.16 Federal Lobbying Restrictions . 8 SECTION 3' -AWARD AND EXECUTION OF CONTRACT. 3-1.01 General 9 3-1.02 Award of Contract 9 3-1.03 Contract Bonds , 9 3-1.04 Execution of Contract l 9 3-1.05 Return of Bidder's Guarantees 9 SECTION 3-2 SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3-2.01 General 10 3-2.01a DBE Information 10 3-2.01b Award of Contract 11 3-2.02 Performance of DBE Subcontractors and Suppliers 11 3-2.03 DBE Records 11 3-2.0~ Subcontracting 12 SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED. DAMAGES 4-1.01 General 13 1 SECTION 5 -GENERAL 5-1.01 State Contract Act Not Applicable 14 5-1.02 Alteration in Quantity of Work 14 5-1.03 Control of Work 14 5-1.04 Prevailing Wages 14 5-1.05 Payroll Records 15 5-1.06 Labor Nondiscrimination 15 5-1.07 Apprentices 15 5-1.08 Trench Safety 15 5-1.09 Sound Control Requirements 16 5-1.10 Permits and Licenses 16 5-1.11 Working Hours 16 5-1.12 Laws to Be Observed 16 5-1.13 Contractor's Insurance 16 5-1.13a Indemnity 16 5-1.13b insurance 16 5-1.14 Contractor's Authority 17 5-1.15 Work in City Streets 17 5-1.16 Right of Way . . 1 S 5-1.17 Suspension of Contract I8 5-1...18. Temporary Suspension of Work . . 18 5-1.19 Payments 18 5-1.20 Final Payment 18 5-1.21 Increased or Decreased Quantities I9 5-1.22 Hazardous Materials 19 5-1.23 Highway Construction Equipment 19 SECTION 6 -CONTROL OF MATERIALS 6-1.01 General 20 6-1.02 Borrow, Disposal and Material Sites 20 6-1.03 Certificates of Compliance 20 6-1:04 Buy America Requirements l 20 SF-LLL, Disclosure of Lobbying Activities Instructions ......................Attachment l Federal Wage Rates .................................Attachment 2 Federal Requirements for Federal-Aid construction Projects , Attachment 3 SECTION 7 -CONSTRUCTION SPECIFICATIONS 7-1:01 Order of Work 21 7-1.02 Relations With Kern County 21 7-1.03 Relations With the State of California 21 7-1.04 Relations with Water Agencies 2 l 7-1.05 Relations with Property Owners l 22 7-1.06 Obstructions 22 7-1.07 Maintaining Traffic . 23 7-1.08 Existing Highway Facilities . 24 7-l.ll Adjust Manhole 25 7-1.12. Adjust Survey Monument Encasement 2S 7-1.13 Clearing and Grubbing 25 7-1.14 Cold~~lane Asphalt Concrete Pavement . 26 7-1.15 Sawcut Asphalt Concrete. Pavement 26 7-1.16 Remove Concrete , 26 11 7-1.15 Remove Traffic Stripes and Pavement Markings . 27 7-1.16 Adjust Pull Box 28 7-1.17 Water Valve Box Adjustment 28 7-1.18 Dust Control 28 7-1.19 Earthwork 28 7-1.20 Shoulder Backing 29 7-1.21 Finishing Roadway 29 7-1.22 Asphalt Concrete (Type B) 30 7-1.23 Prepare Roadway 35 7-1.24 Pavement Reinforcing Fabric (Overlay) 35 7-1.25 Asphaltic Paint Binder 35 7-1.2b Roadside Signs 37 7-1.27 Install Survey Monument Encasement 37 7-1.28 Traffic Delineation 2b 7-1.28 Traffic Stripes and Pavement Markings 38 7-1.29 Pavement Markers 38 SECTION 7-2 -TRAFFIC SIGNALS AND LIGHTING 7-2.01 Removing and Replacing Improvements 39 7-2.02 Conduit 39 7-2.03 Pull Boxes 39 7-2.04 Conductors and wiring . 40 7-2.05 Testing 40 7-2.ob Loop Detectors 40 7-2.07 Asphaltic Emulsion Inductive Loop Sealant 41 7-2.08 Guarantee 44 7-1.09 Payment 44 PROPOSAL {Yellow Pages) Proposal Form PR-1 Bidder's Bond PR-7 . Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification , , . , PR-9 Certificate of Assurance with Regard to Participating by Disadvantaged Businesses in SubcontractingPR-10 Noncollusion Affidavit PR-l1 DBE, MBE, WBE Reporting Worksheet . PR-12 Good .Faith Effort Statement of DBEIWBE Participation. . PR-13 Nonlobbying Certification For Federal-Aid. Contracts PR-1 S Disclosure of Lobbying Activities PR-16 Equal Employment Opportunity Certification PR-17 SAMPLE CONTRACT Constructions Projects Agreement S-1 Faithful Performance Bond S-5 Material and Labor Bond S-7 Escrow Agreement for Security Deposits in Lieu of Retention S-9 Guarantee -Material a~Cl ~Vorkrnanship S-11 Guarantee - .Traffic Signal Equipment 5-12 111 i~ CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on November 3, 2000 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: RESURFACING/ INTERCONNECTI BIKE LANE STRIPING VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I 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 0 0.00) for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer withintwenty-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. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, °Proposal.Requirements and Conditions", of the Standard Specifications. Each bid must be accompanied by the following items: a. A proposal., guarantee in accordance with the requirements of Section 2-1.07, "Proposal Guaranty", of the Standard: Specifications; b. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification; c. Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;. d. Noncollusion Affidavit; e. MBE/WBE Reporting Form; and f. Good Faith Effort Statement of DB/WBE Participation (If goal not met). The City of Bakersfield reserves the rightto reject any or all bids. Bids axe required on the entire work described herein. Substitution of securities .for moneys retained to ensure performance shall be permitted pursuant to the. provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed. to by the Contractor and the City of Bakersfield. The :request for substitution of securities to be deposited shall be submitted. on the form entitled. "Escrow Agreement for Security Deposits. in Lieu of Retention", included in the back of these special. provisions. The Contractor must posses~a valid Class A Contractor's License at the time this contract is awarded. The proposed work shall be done in accordance with the Standard Specifications of the Department of Transportation, Business,. Transportation and Housing Agency, dated July,1992, .insofar as the same may apply. This project is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor are set-forth in the special provisions. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 172.0 et seq.) the Contractor. shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. 1 A sample contract is include in this bid package.. Please review it carefully, this is the contract the Contractor shall be expected to execute without alteration. If any changes are desired. they must be submitted to the City -for approval. If approved, the :changes will be issued to all prospective contractors. Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal. Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining of a different contractor by the City. 2 GENERAL DESCRIPTION OF VVURK The work to be performed consists, in general, of resurfacing eight (8}streets with a fabric and asphalt overlay. Replace traffic striping,pavement markings, and detector loops: Installing interconnect conduit and wiring along three (3) streets being resurfaced. Constructing bike lane striping and installing signs along Chester Avenue from 34`" Street to 40`~ Street. CITY OF BAKERSFIELD RAUL M. ROJAS Public works Director 3 CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1-DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, July,1992," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are. used, the intent and meaning shall be as follows: City. - City of Bakersfield, California. . Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield. Director -City. Engineer.. Engineer -The. City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of he particular duties entrusted to them. Laboratory -The designated laboratory. authorized by the City to test materials and work involved in the- contract. Standard Specifications -Standard Specifications of the State of California, Department ofTransportation,-dated July, 1992. State - Thy City of Bakersfield.. State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. Other terms: appearing: in the; Standard Specifications; the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. The terms bid and proposal are used in the same way and can be freely interchanged herein. 4 SECTION 2 -PROPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on November 3, 2000 sealed proposals for: RESURFACINGI INTERCONNECT VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished. are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that maybe deemed necessary or expedient by the Engineer. 2-.1..03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF V~ORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2=1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.. Proposals in which the prices obviously are unbalanced maybe rejected. The right is reserved to reject any and all proposals and waive any irregularity. 2-1.05 PROPOSAL FORM. Ail proposals must be made upon blank forms to be obtained from the Purchasing.. Officer, the form of which appears herein immediately following these special provisions. All proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is made by an individual, his name, telephone number and post. office address must be shown. If made by a firm or partnership, the name and post office address of each member of the. firm or partnership must be shown. If made by a corporation, the proposal must show -the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer. - Items of this project is not federally funded will be listed in the Proposal form under the heading "Non-Federal Aid Items". For record keeping purposes, the proposal is divided into two (2} sections, the first section for-that portion of work which is federally funded, the second section for that portion which is not federally funded. The Bidder shall indicate the sub-total for each section and the project total on the. appropriate lines in the proposal form. 2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10%} of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. 2-1..07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid orten-thousand ($10,000) dollars, whichever is greater, in accordance with the 5 Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a f~.lure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the Subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a ,list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed forms: • Proposal Form; • Bidder's Bond Form; ~ Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification;. Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting; • Non-Collusion Affidavit Form; • Equal Employment Opportunity Certification; • MBE/WBE Reporting Form; and ~ Good Faith Effort Statement of DB/WBE Participation (If goal not met); • Nonlobbying Certification For Federal-Aid Contracts; • Disclosure of Lobbying Activities; 2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specif ications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions-from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and. specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings. or specifications. 2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any. time prior to the time fixed in the public notice for the, .opening of .bids by written request for the ..withdrawal of the bid filed with the Purchasing Department.:.. The written request shall be on the bidder's. letterhead- and: shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids. are .opened. exactly at the time fixed in the public notice for opening bids, a bid will. not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the. opening of bids... 2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will. be opened and read publicly at the. time .and place indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present. 2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, .concerning relief of bidders and in particular to the requirement therein,. that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the opening of the bids of the.. alleged mistake, specifying in the notice in detail how the mistake occurred. Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows: Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person fromm bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at .any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been. convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation. of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, b including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty ofperjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the .offenses referred to in this section within the preceding three (3) years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.13- DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for ..believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. 2-1.14 DISADVANTAGED BUSINESS. This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs". The Regulations. in their entirety are incorporated herein by this reference. Bidders shall. be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE} program developed pursuant to the Regulations; .particular attention is directed to the following matters: a. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; b. A DBE.bidder, not bidding as a joint venture with anon-DBE, will be required to meet the DBE goal hrough subcontracting or material purchases. or make good faith effort to do so; c. A DBE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; d. A DBE joint venture partner -must be responsible for a clearly defined portion of the work to be performed in addition o satisfying requirements for ownership and control. The DBE joint venturer must submit either schedule B of the .Code of Federal .Regulations. or California Department of Transportation .Office - of Civil Rights form entitled "Minority/Dsadvantaged/women Business Enterprise Joint Venture"; e. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the. work; f. Credit for a DBE vendor of materials or supplies is limited to sixty percent (60%) of the amount.to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods; g. Credit for trucking by DBE's will be as follows: 1) The amount to be paid when a DBE trucker will perform the trucking with his/her own trucks, tractors .and. employees. 2) One hundred percent. (100%) of trucking costs will be allowed for all trucking acquired through certifed DBE trucking brokers. h. A DBE must be a California Department of Transportation certified DBE on the date bids for the project are opened before~credit may be allowed toward the DBE goal. The Department's DBE Directory identifies DBE's which have been certified. Others may also qualify for certification but must be certified before bid opening. The DBE directory may be obtained from the DEPARTMENT OF TRANSPORTATION. Material Operations Branch, Publication Distribution Unit 1900 Royal 7 Oaks Drive, Sacramento, California 95815, Telephone (916) 445-3300; i. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this .contract and may result in termination of the contract or other appropriate remedy for such breach. j. Bidders are encouraged to utilize services offered by banks owned. and controlled by minorities or women. 2-1.15. DBE GOAL FOR THIS PROJECT. The Department has established the following goal for disadvantaged businesses (DBE) participation for this project. DISADVANTAGED BUSINESS (DBE) ten percent (10%). It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goal for DBE participation. The Department has contracted with the following organization to assist DBE's in preparing bids for subcontracting or supplying materials: TRIAXLE MANAGEMENT SERVICES, INC..- LOS ANGELES 2594 Industry way,Suite 101-A Lynwood, CA 90262 Telephone:, (310) 537-6677 FAX N0. (310) 637-0128 Bidders. may utilize the services of this organization to contact interested DBE's. 2-1.16 FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of aFederal-aid contract to to :pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. Ifany funds. other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the`. recipient shall. submit an executed certification and, if required, sub. mit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal .agency is included in the Proposal. Standard Form is also .included in the Proposal. Signing. the Proposal shall constitute signature of the .Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until, received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which. there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase 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 (2) A change in the person(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.. (3) A change in the officer(s), employees(s), or Members(s} contacted to influence or attempt to influence a covered Federal Action. 8 t 1 SECTION 3 -AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The award of the contract, if awarded, will be to the lowest responsible bidder. The_language refers to not onl the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily y perform the proposed. work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be ~n an amount equal to one hundred percent (100%) of the contract price. The other of the said bonds shall be m an amount of fifty percent (50%) of the contract. price and shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code. whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned; together with the contract bonds and required insurance. documents, within ten (l 0) days, not including Sundays, after the bidder has received notice that the contract has been awarded. The Commercial General Liability and workers' Compensation insurance olcies shall contain additional insured endorsements in favor of the City, its mayor, council, officers, .agents, p employees and volunteers, as required in these specifications, No proposal shall be considered binding upon the City until: the execution of the contract. All contracts shall be considered as being made and entered into in the .City of Bakersfield, California. Failure to execute a contract,: file acceptable bonds and submit acceptable insurance. documents as provided herein within ten 10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall ( be just cause: for the cancellation of .the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) daysafterthe award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All other roposal guarantees will be held until the contract has been finally executed, after which they will be returned to p the respective bidders whose:proposals .they accompany. 9 SECTION 3-2 SUBMISSION OF DBE INFORMATION, AWARDt AND EXECUTION OF CONTRACT 3-2.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract", of the Standard Specifications and these special provisions for the requirements and. conditions concerning submittal of DBE information, award, and execution of contract. The required DBE information shall be submitted on the "BIDDER -DBE INFORMATION" form included in the proposal. If such DBE information is not submitted with the bid, the DBE information form shall be removed from documents prior to submitting the bid. It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so. 3-2.O1A DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder} the second low bidder and the third low bidder shall submit DBE information to the office at which bids were received so the information is received by the Department no later than close of business on the first day, not including Saturdays, Sunday and legal holidays, following the bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal non-responsive. Other bidders need not submit. DBE information. unless requested to do so by the Department. when such request is made, the DBE information of such bidders shall be submitted so the information is received by the, Department no later than close of business on the third day, not including Saturdays, Sundays and legal holidays, after said notification, unless a later time is authorized by the.Department. The bidders DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. Bidders are .cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the Department, in its review, .finds that the goal has not been met. . The information to show that the DBE goal will be met shall include the names of DBE's to be used, with a complete description of work or supplies to be provided by each and the dollar value of each such DBE transaction. When 100 percent of a contract item of work is not to be performed: or furnished by a DBE, a description of the exact portion of said work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of said work. (NOTE: DBE Subcontractors to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of his. total bid orten-thousand dollars ($10,000), whichever is greater, must have been named in the bid. See section entitled "Required Listing of Proposed. Subcontractors" in Section 2, of these special provisions}. The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: a. The. names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in which a request for DBE participation for this project was placed by the bidder; b. The names and dates of notices of all certified DBE's solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBE's were interested. c. The items of work for which the bidder requested subbids or materials to be supplied by DBE's, the information furnished interested DBE's in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate DBE participation. Where there are DBE's available for doing portions of the .work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for DBE's to bid on. d. The names of DBE's who submitted bids for any of the work indicated in (c) above which were not 10 accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the. bidder's choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and the price bid by the selected subcontractor or supplier. Since the utilization of available DBE's is expected, only significant price differences will be considered as cause for rejecting such DBE bids. e. Assistance that the bidder has extended to DBE's identified in (d) above to remedy the deficiency in their subbids. f. Any additional data to support a demonstration of good faith effort, such as contacts with DBE assistance agencies. 3-2.O1B AWARD OF CUNTRACT. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for DBE participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract. 3-2.02 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the Contractor in response to the requirements in the section of these special provisions entitled "Submission of DBE Information, Award, and Execution of Contract", which are determined by the Department to be certified DBE's, shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: a, The listed DBE, after having had a reasonable ,opportunity to do so, fails or refuses to execute a :written contract, when such written. contract, based upon the general terms, conditions,. plans and specifications for the project, or on the. terms of such subcontractor's or supplier's written bid, is presented by the Contractor. b. The listed DBE becomes bankrupt or insolvent. c. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. d. The Contractor stipulated. that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. e. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. f. It would be in the best interest of the City. .The Contractor shall. not be entitled. to any payment for such work, or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 3-2.03 DBE RECORDS. The Contractor shall maintain records of all. subcontracts entered into with certified DBE .subcontractorsand records of materials purchased from certified. DBE suppliers. Such records shall show the name. and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepaxed on Form CEM-2402 and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. 3-2.04 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Standard .Specifications, Section 2, "Proposal Requirements and Conditions," Section 3, "Submission of D1~E Information, Award, and Execution of Contract", elsewhere in these special provisions. 11 The requirement in the third paragraph of said Section 8-1.01 that the Contractor shall perform with his .own organization contract work amounting to not less than fifty percent (50%) of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts", in Section 6-2 of these special provisions that the Contractor perform not less than thirty percent (30%) of the original contract work with his own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts", in Section 6-2 of these special provisions. This requirement shall be enforced as follows: Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction. is made. Failure to comply may result in termination of the contract. The DBE information furnished under Section 3-2.OlA "DBE Information" of these special provisions is in addition to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting", and Section 2-1.07, "Required Listing of Proposed. Subcontractors", of these special provisions. In accordance with the Federal MBE regulations Section 23.45(fj(2) Part 23, Title 49 CFR; a. No substitution of a DBE. subcontractor shall be made at any time without the written consent of the Department, and b. If a DBE subcontractor is unable to perform successfully and is to be replaced, the contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor. The.requirement in Section 2-1.13(H), "Disadvantaged Business", of these special .provisions that DBE's must be certified on thedate bids are opened does not apply to DBE substitutions after award of the contract. 12 - SECTION 4-BEGINNING OF WORK, TIMEOF 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 $-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 as indicated below. The Contractor shall diligently prosecute the same to completion before the expiration of 60 working days. On November 8th ,the City will deliver contract documents to the Apparent Low Bidder. On November 14th,. the Apparent Low Bidder shall return signed documents ,bonds, .insurance documents, etc. to the City. On November 29th, the City Council will award a contract to the Apparent Low Bidder. On March 15th, the City will issue a Notice To Proceed. Contract working days will commence five(5) working days after Mrch 15, 2001 The Contract shall pay to the City of Bakersfield the sum of one thousand ($1,000) dollars per day for eachand-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. I3 SECTION 5 -GENERAL 5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 1-1.40,."State Contract Act,"and Section 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of ten- thousanddollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds twenty-five percent (25%} of the original contract -amount, must be authorized by the City Council. 5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of work," of the Standard Specifications and these special provisions. Section 5-1.02, "Plans and working Drawings," of the Standard .Specifications is amended by adding the following paragraph after the fourth paragraph: working drawings or plans for any structure not included in the plans furnished by -the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Three consecutive points shown on the same rate of slope must be used in common, in order to detect any .variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer.. If such a discrepancy is not reported to the- Engineer, the Contractor shall be responsible for any error. in the finished work. The. second .paragraph in Section 5-1.07, "Lines and- Grades," of the Standard Specifications is amended to read: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes` or marks. In no event, shall. a notice of less than twenty-four (24) hours be considered a reasonable length of time: Section 5-1.08, "Inspection" , of the Standard Specifications is amended by adding the following paragraph after the first paragraph: whenever. the Contractor varies the .period, during which work is carried on each day, he shall give due notice to the Engineer,. so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. 5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said. work, by himself or through any subcontractor, eight hours labor shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep an accurate record showing the name and actual hours-worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The .Contractor and all Subcontractors shall pay not less than .the general prevailing rate of per :diem wages and the general prevailing rate for holiday-and overtime. to all workers employed in the construction of this project. The prevailing rate for. each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and,available for inspection in the Public Works Department: The schedule is incorporated herein by this reference. The City shall have .the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages. being paid. Contractor shall not. ..interfere in any way with the City's right to investigate conformance with the wage provisions of this contract. 14 Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: 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-I.OIA(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01 A(4), "Labor Nondiscrimination," of the Standard Specifications and .these special. provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations ,promulgated by the Fair Employment. and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.OlA(5), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections,1777.5, 1:777.6, 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 ormore 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. t 15 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 tsemployees. The terms "Public works," and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.01 1, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed eighty-six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which requires such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.. 5-1.11 wOR:KING HOURS. Contractor shall limit his field working hours from 7:00 A,M. to 4:30 P.M. Monday through F! Any deviations must be requested in writing and directed to the Engineer at the Pre-Job Conference. written approval from the. Engineer is required for. work beyond these limits.. Any time work proceeds which requires inspection services for- more than a nine and one-half (9.5) hour work day or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National. laws and all municipal ordinances and regulations of the City of Bakersfield.which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the. same. 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with. and. approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A INDEMNITY. CONTRACTOR shall provide the indemnity required by the contract. 5-1.13B INSURANCE. CONTRACTOR shall provide the insurance required by the contract. 5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.15 V~ORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that`is located in the public streets in the Ciry of Bakersfield shall be done in accordance with City Ordinances regulating the 16 use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and. shall conduct his operations in compliance therewith. 5-1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contract has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative, may employ other parties to carry the contract to completion, employ the. necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such 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-i.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority, to suspend the work wholly or in .part, for -such .period as he may -deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of -the Contractor to carry out orders given, or to perform any provisions of the work, or extra work. that maybe done by .City Forces.. The Contractor shall immediately obey such order of .the Engineer and shall not resume the work until ordered. in writing by the Engineer. 5-1.19 PAYMENTS. Attention is directed to Section 9- l .Ob, "Partial Payments," and Section 9-1.07, "Payment After .Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.. 5-1.20 FINAL PAYMENT. In addition to the conditions, provisions, andrequirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate: for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: d. Defective work not remedied; e. Claims filed or information reasonably indicating probable filing of claims; f. Failure of Contractor to make payment due for materials and/or labor; g. Information causing reasonable doubt that the contract can be completed for any unpaid balance; h. Damages to another Contractor; and ' 17 i. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written .recommendation thereon. The City Engineer shall, -after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final .payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached. GUARANTEE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the .contract, either wholly or in part; against any claim of the parry of the. first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment of the final amount due under the contract, and the; adjustment and payment for any work. done in accordance with any alterations of the same, shall release the City, the .City Council, and the Engineer from any and all. claims or liability on account of work performed under. the contract. or any alteration thereof.. 5-1.21 INCREASED OR llECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard' Specifications is replaced with the words "unit price": Third paragraph. of Section 18-1,05, "PAYMENT". Fourth paragraph of .Section 24-1.11; "PAYMENT". Eleventh paragraph of .Section 39-8.02, "PAYMENT". 5-1.Z2 HAZARDOUS. MATERIALS. The Contractor shall be held responsible for his. worker's and subcontractor's well-being and their education of handling hazaxdous materials. when hazardous materials axe encountered during this project.. 5-.23 HIGHWAY CONSTRUCTIQN EQUIPMENT. Attention is directed to Section 7-1.O1D, "Vehicle Code;" and Section 7-1.02, "Weight Limitations," of the Standard Specifications and these special provisions. Pursuant,to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as area within the limits. of the project and are open to public traffic, .the. Contractor shall comply with all. the requirements. set forth in Divisions 1.1,12,13,14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 than this section shall not relieve him, or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from .injury and damage from such equipment. 18 SECTION 6 -CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials", of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. b-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and ,treated. so that, at the time of final inspection of the. contract, they will drain, will blend with, surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits, for borrow, disposal or material sites from the authority having jurisdiction or from the- appropriate pollution control boards and such permits contain requirements. which conflict with the .requirements in the first and second paragraphs of this section, the requirements of the permits .shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer.. -Full compensation for complying with the requirements for borrow,-disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the. use of the sites and no additional compensation .will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance", of the Standard Specifications, the Engineer may permit the .use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. b-1.04 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance.-Act of 1982- (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations,. all manufacturing processes for .steel .materials furnished :for incorporation .into the work on this project shall occur in the United States. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance", of the Standard Specifications, shall be furnished for steel materials. The certificates, inaddition to certifyingthat-the materials comply. with the specifications, shall also specifically certify that all manufacturing processes for the material occurred in the United States. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the cost of such materials used .does not exceed one-tenth (0.1 of 1 percent (1 of the total contract cost, or $2,5.00, _ whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quality and value of any foreign-steel prior to incorporating such materials into the work. 19 SECTION 7-CONSTRUCTION SPECIFICATIONS 7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5- l ,05, "Order of Work", of the Standard Specifications and these special provisions. All striping removal shall be completed a minimum of two (2) days prior to signal being placed into operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall conform with the requirements for temporary delineation as set forth elsewhere in these special provisions. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor. Detector loops replacement at each intersection shall be completed, tested, and approved by Engineer prior to beginning next intersection. 7-1.02 RELATIONS WITH KERN COUNTY. The City has been issued an encroachment permit (#0496-00) for work within the County right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. The Contractor shall comply with all the provisions of said permit. A copy is available at the City of Bakersfield Engineering Department by contacting John Flores at (661)326-3571. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.03 RELATIONS WITH THE STATE OF CALIFORNIA. The City has been issued an Caltrans encroachment permit (#0600-NMC-0475) for work within the State Highway right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor'sname. Any subcontractors which will do work within State Highway right of .way must be listed on the contractor's permit or hey will be required to obtain their own permit. The Contractor shall comply with all the provisions of said permit. A copy of the encroachment permit is avalable'for review at the City of Bakersfield Engineering Department by contacting John Flores at (6.61)326-3571.. PAYMENT. Full compensation for conforming to the requirements of this. article shall be considered as included in the unit. prices paid for various. items of work and no additional compensation will be allowed therefor. 7-1.04 RELATIONS WITH WATER AGENCIES. Attention is directed to Section 7-1.11, "Preservation of Property", :and Section 7-1.12, "Responsibility for Damage',', of the Standard. Specifications. The Cross Valley Canal is under the jurisdiction of the Kern County Water Agency, and the Arvin-Edison Canal is under the jurisdiction of the Arvin Edison Water Storage District-and the Contractor, in the performance. of work hereunder, shall obtain. any necessary permits and shall at all times comply with the rules and regulations of the District as the same presently exists or as they may be amended from time to time. It shall be the Contractor's responsibility to inform himself regarding the contents of said rules and.regulations. The Contractor will obtain aright-of way entry from the both Water Agencies to enter their property and perform the work. No work shall begin prior to the Contractor obtaining. aright-of entry from the both Water Agencies. The Cross Valley Canal is not scheduled to be shut down during construction and the Contractor shall assure .that the canal will operate at normal. capabilities during the construction. period. It shall be the Contractor's responsibility to provide for handling. any water or for passage of any flows that may occur during construction. of this project. The work performed in the canal shall be in conformance with the requirements in Section 7-1.01 G, "Water Pollution", of the Standard Specifications and these special provisions.. Contractor shall provide for safe and adequate canal access for Kern -County 'Water Agency personnel and equipment throughout project construction. The Contractor shall include the Kern County Water Agency, and each of its Directors, officers, agents, servants, employees and consultants, as additional insureds under and with respect to any and all insurance coverage required by Resurfacingl Interconnect Various Streets in the City of Bakersfield-1999-2000 • -Phase One 20 these. special provisions including, without limitation, the insurance coverage required by Section 5 of these special provisions. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included..in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.05 RELATIONS WITH PROPERTY OWNERS. Prior to beginning work, the Contractor shall send or deliver to the owner of each parcel adjacent and within the project area written notification of the construction project. The Contractor shall also notify all schools within 3 blocks of any of the project streets. The Company's name, address, .telephone number and name of a contact person with the company shall be included in the letter. Access to abutting property shall be maintained at all times unless otherwise permitted by the Engineer. Before storing equipment of stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the Contractor the use of his property. The letter shall be filed with the Engineer. PAYMENT. Full compensation for compliance with this section is considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. 7-1..06 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities", of the Stan. Bard Specification, the plans, and the special provisions. . The Contractor shall berequired to-work around- public- utility facilities and other improvements that are to .remain in place within the construction area or that are to be relocated and relocation operations have not-been completed. In .accordance with the provisions in Section 7-1.11, "Preservation of Property", and Section 7-1.12, "Responsibility for Damage", of the Standard Specifications, the Contractor shall be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall beascertained by-the Contractorbeforeusing equipment.;thatrnay. damage such facilities or interfere. with the services. Other forces. may be engaged in moving or removing utility facilities or other improvements or maintaining services. or utilities. The Contractor shall cooperate with such f ones' and conduct his. operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional. contract time commensurate with such delays maybe allowed. Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor shall contact the City Parks Division at (661) 326-3117 for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities. Due care shall. be taken to minimize damage to existing irrigation systems and plant materials.. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring. and replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation interruption. . Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work. and no additional allowance will be made therefor. Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 21 PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the unit prices .paid for various items of work and no additional compensation will be allowed therefor. 7-1.07 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways", published by the State of California, Department of Transportation. Application and use of devices .shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for ire fighting equipment. Prior to beginning work ,the Contractor shall provide 48 hours advance ..written notice to Bruce Seibell, Operations Manager for Golden Empire Transit {GET) at (661) 324-9874. The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience", of the Standard Specifications, shall be amended to read as follows: Lane closures shall be allowed only between. the hours indicated below, Monday through Friday, except legal holidays. Street Direction of Travel Hours Union Avenue Northbound 7:30 a.m.- 4:30 p.m. Sillect Avenue Northbound and Southbound 7:30 a.m.-4:30 p:m. Coffee Road Northbound 8:00 a.m.-4:30 p.m. Mt Vernon Avenue NorthboundlSouthbound 7:00 a.m.-5.:30 p.m. Bernard Street Eastbound/Westbound 7:00 a.m,-5:3Q p.m. Auburn Street Eastbound/VVestbound 7:00 a.m.-5:30 p.m. ~Vible Road Northbound/Southbound 8:30 a.m.-4:30 p.m. District. Boulevard Eastbound/Westbound 8:30 a.m.-4:30 p.m. Chester Avenue Northbound/Southbound 7:00 a.m.-5:30 p.m. where construction operations are actively in progress, a minimum of one traffic lane for each direction of travel shall. be open for use by public traffic. Such lanes shall not be less than twelve (12) feet in width. . Where construction operations are not actively in progress the number of lanes specified by the table below shall be r open for use by public traffic. Such lanes shall not be less than twelve (12) feet in width. Number of Lanes in Each Direction Required Number of Open Lanes in on Roadbed Prior to .Start of Construction Each Direction 1 1 2 2 3 or more 2 Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 22 Public traffic may be permitted to use the shoulders and, if half width construction methods are used, may also be permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations. In order to expedite the pass'a.ge of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights,. flares, temporary railing (Type K), barricades, and other facilities for the sole convenience .and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing . the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead", No. C-18, and "End Construction", No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least forty-eight (48) hours in advance of any construction. No work, relating to detector loops, shall be performed within the paved areas between the hours of 11:30 a.m. and 1:.30 p.m. at the following street intersection: 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 unit prices paid for various items of work and no additional compensation- will be allowed therefor. 7-.08 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in .Section 15, "Existing Highway Facilities", of the Standard Specifications and these special provisions. Existing City highway signs and street markers-shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey: the same intent that-existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs. removed from the project area shall be delivered to the City Corporation Yard at 4101. Truxtun Avenue. PAYMENT. Full compensation for conforming to the requirements of this article- shall be considered a~s included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.09 ADJUST MANHOLE. Frames and covers of existing manholes shall be adjusted to grade: in accordance with the provisions in Section 15-2.05 "Reconstruction", of the Standard Specifications, the details shown on the plans, these special provisions, and City of Bakersfield Standards S-7 and. S-8. Prior to grinding operations, the Contractor shall remove the existing concrete pad and the frame and cover. A one- fourth- (114) inch steel plate shall be placed over the manhole and shall be maintained until the manhole adjustment commences, If existing manhole frames~and covers are damaged during removal, a new frame and cover shall be .furnished. The Contractor shall. provide and install a temporary plywood floor inside the sewer manhole to collect all debris that results from his construction. The Contractor shall remove all debris and the plywood floor from the manhole in the presence of the Engineer. The surface of the concrete shall be protected from public traffic for a minimum of three (3) days. At the option of the Contractor, minor concrete containing a minimum of seven (7) sacks of cement per cubic yard may Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 23 be used and the time required for protection of the concrete surface from public traffic shall be reduced to a minimum of one. (1) day. MEASUREMENT AND PAYMENT. Adjust Manhole will be paid for at the contract unit price each, which price shall include full compensation for furnishing all labor, materials, tools, equipment and for doing all the work involved in adjusting the manhole, complete with concrete pad, including excavation and sawcutting pavement at the periphery of the square Portland Cement concrete pad. 7-1.10 ADJUST SURVEY MONUMENT ENCASEMENT. Frame and cover with encasements shall be adjusted to finish grade at the locations shown on the plans, in accordance with these special provisions, and City of Bakersfield Standard 5-29. Pads shall be protected from public traffic for a minimum of three (3) days after placement of Portland Cement concrete. At the option of the contractor, minor concrete containing a minimum of seven {7) sacks of cement per cubic yard may be used :and the time required for protection of the concrete. surface from public traffic shall be reduced to a minimum of one (1) day. Monuments will be set by the City. The City will provide surveys. Contractor shall give the City twenty-four (24}hours notice when: surveys are required. If monument frame or cover is damaged by the Contractor on his operations, they shall be replaced by the Contractor at no cost to the City. MEASUREMENT AND PAYMENT. For payment purposes, a .survey monument- encasement shall be considered as a single unit complete in place. The contract price paid: for Adj ust Survey Monument Encasement shall include full compensation for furnishing all labor, materials, tools and equipment, -and for doing all work including excavation and backfill, involved in constructing the. monument encasement complete in place. 7-1.11- :CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16, "Clearing-and Grubbing", of the Standard Specifications .and these special provisions. Clearing and grubbing shall be limited to concrete .gutters, those areas to receive asphalt concrete and other areas actually affected by the planned construction as directed by the Engineer. Dirt and loose material shall be removed from all areas to be cleared and. grubbed, including "chuckholes". The Contractor may use any method, approved by the Engineer, that does.-note create a dust problem, to clean the areas to be cleared .and grubbed... However, in residential areas a self contained,.. pick-up type, power-broom with water distribution. system. shall be used to clean the areas to be cleared and grubbed. The seventh paragraph of Section 16-1.03, "Construction", of the Standard Specifications is deleted. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unite prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.12 :COLD PLANE. ASPHALT CONCRETE PAVEMENT. Existing asphalt concrete shall be cold planed at the locations and to the dimensions shown on the plans and in accordance with these special provisions. The depth, width and: shape of the cut shall be as indicated on the typical cross sections or a~s directed by the Engineer. The final cut shall result in a uniform surface. conforming to the typical cross sections. The road surfacing to remain in place shall not be damaged in any way. The depth shown on the plans for cold plane wedge cuts along existing concrete gutter are to be measured from the Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 24 surface of the concrete gutter. In some cases where a prior overlay surface was constructed above the gutter lip, the actual depth. of cut will exceed the dimension shown on the plans. The contractor shall remove existing pavement overlay from the top surface of gutters adjacent to-any area specified to be cold; planed. The planing machine shall be self propelled and especially designed and built for grinding flexible pavements. It shall plane without tearing or gouging the underlying surface and blade material in a windrow. Drum lacing patterns shall permit a grooved or smooth surface finish as selected by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened material into adjacent work areas. A zero (0) inches to three (3) inches deep cut to predetermined grade may be required on one (1) pass. The machine shall be adjustable as to crown and depth. The equipment shall meet the standards set by the Air Quality Act of 1969 for noise and air pollution. ..The Contractor shall provide smaller machine to trim areas inaccessible to the larger machine. at manholes, curb returns and intersections. The smaller machine shall be equipped with a twelve (12) inches wide cutting drum mounted on a three (3) wheel chassis allowing it to be positioned without interrupting traffic or pedestrian flow. Jack hammering, areas not accessible to .grinding machine is not allowed. The surface tolerance produced shall be such that a ten foot straight. edge laid laterally will indicate variances of less than three-eights (3/8) .inch. The contractor shall remove all loosened material from the roadway each day before leaving the site of the work. A11: milled material shall- remain the property of the City of Bakersfield. The milled material shall be delivered to the Watts Facility, located on watts Road at Cottonwood Road. The Contractor .shall contact Mike. Connors, City Maintenance Division at 661-326-311 1, at least 72 hours to delivery, to coordinate the delivery and spreading of the milled materials. The Contractor shall protect structures and provide necessary traffic control and barricades as required by the Engineer. Temporary oil-sand ramps shall be constructed at intersecting streets immediately after cold planing and prior to opening the lanes to traffic. Cold planing operations shall not commence until temporary oil-sand is on site with . workers to place- material. Cold planing cuts across travel lanes shall be the last cuts made at each side. After removal of loosened material from such cuts, temporary ramps shall- be constructed ofoil-sand at the deep. end of cuts. before opening. the lane to traffic. Irregular, gouged, ripped or damaged areas, as determined by the Engineer, shall not be accepted. All such areas shall be repaired by methods. approved by the Engineer, prior to resurfacing operations. The Engineer, at his discretion, may,. require substitution of planing machine and/or operating personnel if the cold planed surface does not meet these specifications. Existing traffic loop detectors damaged during cold plane operations.wll bereturned to their original condition. , MEASUREMENT AND .PAYMENT. The quantities of Cold Plane Asphalt Concrete to be paid for will be the respective areas in square yards calculated from the horizontal field measurements of the actual authorized areas cut with no deduction for manholes or water valves within the planed area. Cold Plane Asphalt Concrete will be paid for at the contract unit price per. square yard which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in cold planing as.specified including removal of bituminous .pavement from concrete gutters adjacent to a cold planed area and construction and removal of temporary oil sand ramps as specified. Full compensation for Transport and Dump Milled.Material as specified shall be paid. for at the lump sum contract price which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all work involved in Transport and Dump Milled Material as specified. Resurfacingl Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase-One 25 7-i.13 SAWCUT ASPHALT CONCRETE PAVEMENT, where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw -cut pavement.. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work-and no additional compensation will be allowed therefor. 7-1.14 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15, "Existing Highway .Facilities", Section 16, "Clearing and Grubbing", and Section 19-1.04, "Removal and Disposal of Buried Man-Made Objects", of the. Standard Specifications and these special provisions. In addition, removing ,concrete related to the work and construction of interconnect within this project shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improvements",of the Standard Specifications and Section 7-2 "Traffic Signals and Lighting" of these special provisions. ,All concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of V~lay", of the Standard Specifications. MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this article shall be considered a~s included in the. unit prices paid for various items of work and no additional compensation will be allowed therefor. Full compensation for conforming to the requirements of this article for work related to interconnect shall be considered as included in the -unit prices paid for Z" Conduit (with cable and pull string). and no additional compensation will be allowed therefor. 7-1.15 REMOTE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic. stripes and pavement markings. to be removed will be as shown on plans and as designated by the Engineer. Traffic stripes and pavement markings shall be removed to the fullest extent possible f rom the pavement by any method that does not materially damage the surface or texture of the pavement or surfacing. where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded. so that no material from the blasting operation is allowed to enter .the area that is open to public traffic. Sand or other material, deposited on ..the pavement, as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern. .Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message cannot be identified. After removal of traffic stripes and- pavement markings, a fog seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals", of the Standard Specifications and the following: In traffic stripe removal areas, the fog .seal coat shall be applied over the traffic stripe removal area and to irregular and varying widths with an average width of two (2} feet on each side of the blast, cleaned traffic Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 26 stripe removal area. In pavement marking removal areas, the fog seal coat shall be applied to the blast. cleaned rectangular area. Full compensation for furnishing and applying fog seal coat as specified herein shall be considered as included in the contract price paid per square foot for Remove Traffic Stripes and Pavement Marking and no additional compensation will be allowed therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities asprovided inSection 7-1.09, "Public Safety", of the Standard Specifications. MEASUREMENT AND PAYMENT. Quantities of traffic stripes removed will be determined by the width of the stripe plus 0.67 foot multiplied by the length of the actual paint portion of stripe. The space between double traffic stripes will be measured as .painted traffic stripe. Quantities of pavement markings removed will be determined by the actual size of the rectangle measured in square feet. Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area of authorized stripe removal. The contract unit price per square foot for Remove Traffic Stripes and Pavement Marking shall include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing striping and pavement marking as shown~on the plans and as directed by the Engineer. 7-1.16 ADJUST PULL BOX. Existing pull boxes shall, be adjusted. to grade in accordance with the provisions of Section 15-2.05, "Reconstruction", of the Standard Specifications, the details shown onahe plans, and these special provisions. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work, and no additional compensation will be allowed therefor. 7-1.17 WATER VALVE BOX ADJUSTMENT. Frames and covers of existing water valve boxes within the limits of his project are not a part of this contract and shall be adjusted by others. 7-1.18 DUST CONTROL. It shall be the Contractor's responsibility toprevent a-dust nuisance from originating from the site of the work as a result of his :,operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In residential areas, 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: PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included. in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7.1.1.9 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork", of the Standard Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One . 27 Specifications and these special provisions. Section 4-1.05. "Use of Materials Found on the Work", of the Standard Specifications shall be amended to read as follows: Unless designated as selected material as provided in Section 19-2.07, "Selected Material",the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the. Engineer as maybe found in excavation. The Contractor will be paid for the excavation of such materials at the contract price for such excavation, but he shall replace at his ..expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. It is anticipated that there will be 940 Cubic Yards of surplus material which shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 7-1.13, "Disposal of Material Outside the Highv~ay Right of Way", of the Standard Specifications. When asphalt concrete is to be placed on the grading plane, the grading plane at any point shall not vary by more than 0.05 foot above or below the grade established by the Engineer. Section 19-x.062, "Slurry Cement Backfill", of the Standard Specifications is deleted and shall not apply to this contract. The relative compaction. limits specified in the second .paragraph of Section 19-5.03 "Relative Compaction {95 Percent}' ; of the Standard Specifications. are amended to the limits shown on the plans and typical cross sections and shall be determined by: California Test Methods 216 or 231, or ASTM (current edition) D 1557 and one of the.following D2922 or D155b. The subgrade must be smooth, uniform and true to the required grade. In areas where existing bituminous surfacing is to be placed in embankments within two (2.0) feet of the finished grade or :where embankment is to be placed over existing bituminous surfacing within two (2.0) feet of finished grade, the surfacing shall be broken that no lumps greater than 3" in maximum dimensionremain. Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform. to the following ..requirements; Tests: Test Method Test Results Sand Equivalent 217 l8 min. Resistance (R-Value).. 301 40 min. The R-Value requirements will be waived provided the imported borrow has a sand equivalent value oftwenty-five (25 or more. In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a .suitable gradation to produce.a firm and stable surface. MEASUREMENT. AND PAYMENT. Imported borrow will be measured by the cubic yaxd and the quantity to be paid for will be computed in the following manner: The total quantity of embar.~kment will be computed by the method specified for roadway excavation in Section 19-2.08, "Measurement", of the Standard Specifications on the basis of the planned or the authorized cross-section for embankment-as shown on the plans and the measured ground. surface. The quantities of roadway excavation, structure excavation, and ditch excavation, shall be used in the embarkment, and has been adjusted by multiplying by a specified grading factor of 0.85. No further adjustment. will be made in the event that the specified grading factor does not equal the actual grading factor. Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 28 No adjustment will be made in the event that the anticipated subsidence and shrinkage does not equal the actual subsidence and shrinkage. PAYMENT. The estimated quantity of roadway excavation shall be a final pay quantity in conformance with Section 9-1.015, "FINAL. PAY QUANTITIES", of the Standard Specifications. 7-1.20 SHOULDER BACKING. This work shall consist ofconstructing shoulderbacking adjacent to the edge of the new surfacing in accordance with the details shown on the plans and these special provisions. Material for shoulder backing shall consist of native material. The material shall be bladed or graded from areas adjacent to the shoulder backing as determined by the Engineer or as shown on the plans.. Milled material from project site and approved by the Engineer may be used. The areas where shoulder backing is to be constructed and areas where native material is to be obtained for shoulder backing shall be cleared of all weeds, grass, and debris. Removed weeds, grass and debris shall be disposed of outside the highway right of way in accordance with the provisions in Section 7-1.13, of the Standard Specifications. Shoulder backing material shall be thoroughly mixed with the basement material by scarifying or blading and then watered and rolled to form a smooth„ firmly compacted surface. Watering shall conform to the provisions in Section 17, "watering", of the Standard Specifications. Shoulder backing material shall not be deposited on the new surfacing prior to placing it in final position, nor shall it be bladed .onto the new surfacing during mixing watering, and blading operations... Shoulder backing construction along the edges of any portion of new surfacing. shall begin on the first working day after completion of that portion, be continuous until completed, and be completed within five. {5}working .days. thereafter. Failure to complete the work described above within the specified time limit shall be considered as refusal on the part of the. Contractor. to comply with the provisions of this contract; in which case, the Contractor shall immediately suspend all work in conformance with Section 8-1.05, "Temporary Suspension of V~ork", of the Standard Specifications. Upon suspension of work, the Contractor shall construct temporary paving conforms, not to exceed three percent.. (3%) maximum slope, along the transverse edge at the end of each lane. The temporary paving conforms shall remain until such time as the .shoulder backing construction has been completed. MEASUREMENT AND PAYMENT. Shoulder backing will be measured by the station along -each edge of surfacing where shoulderbackng is constructed. A station shall be considered .one hundred (1.00) feet. The length of shoulder backing to be paid for will be .determined from actual measurement, or calculated from centerline stationing or post mileage as .determined by the Engineer. The contract price paid per station. for Shoulder. Backing. shall include full compensation. for furnishing all. labor, .materials, tools, :equipment, .and .incidentals, and for doing all the work. involved in constructing shoulder backing, complete in place, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by .the Engineer. 7-1.21 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, provisions and requirements of Section 22-1.01, "Description", of the Standard Specifications, the following shall apply: The Contractor shall remove, from all affected- areas, whether inside or outside the project limits, all excess andlor objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations. Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 29 The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess andlor objectionable material from the affected areas. However, in residential areas, when a broom is .used, a self contained, pick-up type, power broom with water distribution system shall be used. PAYMENT. Fu11 compensation for Finishing Roadway as specified will be paid for at the. contract lump sum price, which price shall include full compensation for furnishing all labor, materials, -tools .and equipment and for doing all the work involved in Finishing Roadway as specified. 7-1.21 ASPHALT CONCRETE (Type `B')~ Asphalt concrete shall be Type "B" and shall conform to the provisions in Section 39, "Asphalt Concrete", of the Standard Specifications and these special provisions. Aggregate for Type "B" asphalt concrete shall conform to the requirements for three-fourths (314} inch maximum, medium grading, as specified in Section 39-2.02, "Aggregate", of the Standard Specifications. When .directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2.02, "Aggregate", of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt concrete are being constructed. As halt concrete Type "B" shall have a bituminous binder of paving grade asphalt of AR 4000 viscosity grade, unless p otherwise directed bythe Engineer, and shall conform to the requirements shown in the table for "Steam-Refined Paving Asphalt" in Section 92-1.02, "Grades", of the Standard Specifications. Prior to commencing work on the project, .the Contractor shall provide to the Engineer the following'informaton: a. The aggregate and .asphalt source; b. Documentation that aggregates conform to Section 39-2.02, "Aggregate", of the Standard Specifications and these special provisions. Material sieve analysis and sand equivalent results should. not be older than six (6) months. The other test results required in Section 39-2.02, "Aggregate", of the Standard $pecifications should not be older than .one (l) year. c. An asphalt concrete mix. design determined by California Test 367. The laboratory test results on which the design is based shall be included for. review. The asphalt concrete mix shall also: meet. the .requirements of Section 39-2,02, "Aggregate", of the. Standard Specifications. If the submitted data shows that the materials are substantially the same as whey the design was prepare, the design.may be up to three (3) years old. The asphalt.,binder in the .concrete shall be four and one-halfpercent (4.5%) to five and eight-tenths percent (5.8%} based on the weight of the dry aggregate only. The as halt concrete shall be compacted so that the void ratio of the completed mix is between six percent (6%} .and p eight percent (8%). Paving joints shall match stripe locations. If the finished surface of the asphalt concrete does not meet the specified surface tolerances, it shall he brought within tolerance by either: a. Abrasive grinding with equipment utilizing diamond blades (with fog seal coat on the areas which have been ground), b. Removal and replacement, or Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase one 30 c. Placing an overlay of asphalt concrete. The method will be selected by the Engineer. The corrective work shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either Asphalt Rejuvenating Agent or Asphaltic Emulsion as directed by the Engineer. If abrasive grinding is used to bring the f `finished surface to specified surface tolerances, additional grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from, and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline, within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance. Abrasive grinding shall conform to the requirements in the first paragraph and the last four paragraphs in Section 42-2.02, "Construction", of the Standard Specifications. where the compacted thickness is 0.15 foot or less, half width surfacing operations shall be conducted in such a manner that, at the end of each day's- work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing operations. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper,. or other approved bond breaker, may be placed under the conforms tofacilitate-the removal of the conforms when paving operations resume. Where the compacted thickness is more than 0.15 foot, the Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the .end of each work shift, the distance between~the~ends of the layers of asphalt concrete on adjacent lanes shall not be greater than. ten (10) feet. Additional asphalt concrete shall be placed along the. transverse edge at the ends of each lane and-along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform feathers to facilitate the removal of the feathers when paving. operations resume. The: area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. A prime coat will not be required on subgrade prior to placement of asphalt concrete. ..Intersections and tapered shoulders shall be surfaced as directed by the Engineer. At road connections and private drives, shown on the plans and as directed by the Engineer, additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth, tapered connections. The compaction after rolling. shall beninety-five percent (95%) of the density. obtained with the California Kneading Compactor per California Tcst 304. The field density of compacted asphalt concrete shall be determined by: a. A properly calibrated nuclear asphalt testing device in the field, or b. ASTM D1188 when slabs or cores are taken for laboratory .testing. Zinc stearate may be substituted with paraffin. In case of dispute, method b above shall be used. If the test results for any lot of asphalt concrete indicate that the relative density is below ninety-five percent (95%},but above ninety-two and nine-tenths percent (92.9%), the Contractor will be advised that he is not attaining the required relative density and that his materials, or procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until. the Contractor has notiffied the Engineer of the adjustment that will be made in order to .meet the required compaction. If the tests results for any lot of asphalt concrete indicate that the relative density is less than ninety-three percent (93%), the asphalt concrete represented by that lot shall be removed, except as otherwise provided below. Asphalt concrete . Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One .f 31 spreading operations shall not continue until the Contractor. makes significant adjustments to his materials, ~or procedures, or both in .order to meet the required compaction. The adjustments shall be as agreed to by the. Engineer. However, if requested by the Contractor and approved by the Engineer, asphalt concrete with a relative density of ninety percent, (90%) or greater may remain in place and the Contractor shall pay to the City the amount of reduced compensation for such lot with low compaction. The City may deduct an amount of reduced compensation from any monies due, or that may become due, the Contractor under the contract. The amount of reduced compensation the Contractor shall pay to the City will be calculated using the, total tons represented in the lot with low compaction, times the contract price per ton for the contract item of asphalt concrete involved, times the following reduced compensation factors: Relative Reduced Relative Reduced Density Compensation Density Compensation {Percent) Factor (Percent) Factor 93.0 0.000 91.4 0.062 92.9 0.002 91.3 0.06.8 92.8 0.004 91.2 0.075 92.7 0.006 91.1 0.082 92.6 0.009 91.0 0.090 92.5 0.012 90.9 0.098 92.4 0.015 90.8 0.108 -92.3 0,018 90.7 0.118 92.2 0.022 90.6 0.129 92.1 0.026 ~ 90.5 0.142 92.0 .0.030 90.4 0.157 91.9 0.034 9.0.3 0.175 91.8 0.039 90.2. 0.196 91.7 0.044 90.1 0.225 91.6 0.050 90.0 0.300 91.5 0.056 where new asphalt concrete pavement is to conform to existing paved surfaces, the existing. pavement shall be sawcut. MEASUREMENT AND PAYMENT. Asphalt.Concreteshall bemeasured and paid for in conformance with Section 39-8, "Measurement and-Payment", of the Standard Specifications. 7-1.22 PREPARE ROADWAY. The areas described in this section and designated by the Engineer shall be prepared in accordance with the provisions in Section 39, "Asphalt Concrete", of the Standard Specifications and these special provisions. All roads within this project have been prepared for resurfacing, except as follows: Haley Street Median (2,267 Square Yards) • Old River Road- North of white Lane, turn pockets, and intersections (4,609 Square Yards) Aggregate and bituminous binder mixed in accordance with Section 39, "Asphalt Concrete", of the. Standard .Specifications shall be spread over the entire area to be prepared after the application of asphaltic emulsion. for paint binder. One coverage shall be made and it shall be followed by rolling with apneumatic-tired roller. The area shall then be bladed with the blade. of apneumatic-tired motor grader in direct contact with the existing surfacing until all excess material has been removed. Bituminous binder to be mixed with the aggregate shall be SC-800 or other approved binder that conforms with all applicable. requirements, including air quality standards. The amount of bituminous binder to be mixed with ~ the Resurfacing/Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase Qne 32 aggregate shall be between three percent (3%) and seven percent (7%) of the dry aggregate. The exact amount of bituminous binder to be mixed with the aggregate will be determined by the Engineer. The kinematic viscosity limits for SC-800 at 140 ° F in Section 93-1.01, "Description", of the Standard Specifications shall range between 800-1200 as determined by Test, Method AASHTO T 201. Aggregate shall conform to the requirements for Type "C", N0.4 maximum grading as specified in Section 39-2, "Materials", of the Standard Specifications. MEASUREMENT AND PAYMENT. The contract price paid for Prepare Roadway shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in furnishing and preparing roadway complete in place, as shown in plans, as required by the these Special Provisions, and as directed by the Engineer. 7-1.Z3 PAVEMENT REINFORCING FABRIC .(OVERLAY). Pavement reinforcing fabric (overlay) shall be placed where shown on the plans, at locations designated by the Engineer, and in accordance with the manufacturer's recommendations. Placement of fabric shall be made only under the following conditions: Ambient temperature is 50°F and rising Pavement is dry and pavement temperature is 40 °F and rising New asphalt sections in place a minimum of 72 hours. Pavement reinforcing fabric shall be nonwoven polyester, polypropylene, orpolypropylene/nylon materials, heat treated at.least one side, and conforming to the following when tested in conformance with the listed AASHTO Designation: Weight, Oz./sq. yd., min. 4.1 AASHTO Designation: M288-96 Grab-Tensile Strength min. 101 psi. (1-inch grip), Pounds, AASHTO Designation: M288-96 Elongation at Break, Percent, min. 50% AASHTO Designation: M288-96 Fabric Thickness, min. 30 mils. ASTM Designation: D 461 The fabric used for this projectshall not be stored directly, on ground and shall be protected from moisture. The fabric shall remain in factory wrapper or shall be wrapped in black.plastic to be protected from exposure to ultraviolet rays until placed.: Any fabric found to be exposed. to sunlight for more than. 72 hours or exposed to water shall be removed and replaced at the Contractor's expense. Placement of fabric shall be with..calendered (smooth) side up. Prior to fabric placement, the surface area to receive the fabric shall be sprayed with an asphalt binder that shall conform to .the section "Asphaltic Paint Binder" of these Special Provisions, Section 92, "Asphalts", of the Standard Specifications. Optimum temperature range of binder prior to fabric embedment shall be between 180°F and 250°F. No fabric shall be placed v~here binder exceeds 300°F prior to placement of fabric. The pavement surface to which asphalt binder for fabric is to be applied shall be dry and free of dirt? loose aggregate, organic material or other debris. Before spreading asphalt binder, large cracks [wider than one-forth (1/4}inch], spalls and chuck holes shall be blown ,clean and repaired as directed by the Engineer to provide a flat uniform surface for the fabric and to keep the liquid tack coat from puddling or "leaking" away. See "Prepare Roadway" section of these Special Provisions for details. The fabric shall be stretched, aligned, and placed with a minimum of wrinkles that .lap. The test for lapping shall be made by gathering together the fabric in a wrinkle. If the height of the doubled portion of extra fabric is one-half (1/2) inch or more, .the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. No fabric shall be placed in areas of conform tapers where the compacted thickness is less than .0125 feet (1 1/2"). Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 33 - If manual laydown methods are used, the fabric shall be unrolled, stretched, aligned, and placed in increments of approximately thirty (30) feet. Adjacent borders of the fabric shall be lapped two (2) to four (4) inches. The preceding roll shall lap two (2) to four (4) inches over the following roll in the direction of paving at ends of~rolls or at any break. No joints shall be lapped with more than two layers of fabric. Transverse joints shall be shingled in the direction of the paving. Seating of the fabric with rolling equipment after placing will be permitted. Turning of the paving machine and other vehicles shall be gradual and, kept to a minimum to avoid damage. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. Public traffic shall not be allowed on the bare fabric, except that public cross traffic shall be allowed to cross the fabric, under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. Care shall be taken to avoid tracking binder material onto the fabric or distorting the fabric during seating of the fabric with rollin equipment. If necessary, exposed binder material shall be covered lightly with sand. Souls equipment tires g :tend to stick to the fabric during pavement operations, small quantities of asphalt concrete shall be broadcast ahead~to prevent pick-up of the fabric. Full com ensation. for advance spreading of asphalt concrete over the fabric shall be considered as included in the P contract prices paid per ton of asphalt concrete and no additional compensation will be allowed herefor. Paving operations shall closely follow fabric placement. MEASUREMENT AND PAYMENT. Quantities of fabric overlay placed as shown on the plans or directed by the En neer will be determined from measurements of the lengths covered by the fabric multiplied by the nominal width g shown on the plans converted to square yards. The, contract price paid per square yard for Pavement Reinforcing Fabric (Overlay)-shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the. work involved in furnishing and .placing fabric, complete in place, as shown on the plans, as required by these special provisions, and as directed by the Engineer. Full com ensation for cleaning pavement. surfaces and filling cracks, spalls .and potholes, as specified, prior to placing P fabric shall be considered as included in the contract price of Prepare Roadway and no additional allowance will be made therefor. .Full com ensation for advance spreading of asphalt concrete over the fabric shall be considered as included in the p .contract price paid per ton of Asphalt Concrete (Type `B") and no additional compensation will be allowed. therefor. PAYMENT. Full compensation for furnishing all labor, materials, tools and. equipment for applying asphaltic paint binder shall be considered as included in the contract price paid per ton of Asphalt Concrete (Type. "B") and no additional compensation will be allowed therefor. 7-1.24 ASPHALTIC-PAINT BINDER. Paving asphalt used as a binder and the original asphalt shall have a minimum Absolute Viscosity of 2200 Poise at 140°F, unless directed otherwise by the Engineer. Asphaltic binder for pavement reinforcing fabric (overlay) shall be uniformly applied to the pavement surface to receive fabric at the rate of 33.6 o~;/square yard ~4 oz/SY (0.25 gallons per square yard f0.03 gallons/SY) depending on Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 34 existing pavement conditions and manufacturer's recommendation of fabric overlay. Binder shall be applied betweon temperature range from 295 QF. to 325 °F. The exact rate of application will be determined by the Engineer. The width of the asphaltic binder spread shall be the width. of the fabric mat plus three (3} inches on each side. The tack coat shall be applied only as far in advance of paving fabric installation as is appropriate to ensure a tacky surface at the time of paving fabric placement. Contractor to provide a calibrated measuring rod and external mounted gauge which shows- gallons used from distributor truck in order to spot check spread rate. Rod calibration shall be checked for accuracy relative to the distributor truck " by an individual certified by the County of Sacramento prior to work. Spread rate calculation shall be corrected for volume at 300°F. Temperature in truck to be a minimum of 300°F and not to exceed 350°F. Application to surface shall be at a uniform double coverage. The area to which paving asphaltic binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking the binder materials onto existing pavement surfaces beyond the limits of construction. MEASUREMENT AND PAYMENT. The quantities of asphaltic paint binder rate in gallons is calculated using asphalt cement weight of 238 gallons per ton. The contract price paid per gallon of Asphalt Tack Coat shall include full compensation for furnishing all labor, materials, ,tools, equipment ,and incidentals and for doing all the work in furnishing and applying Paving Asphaltic Binder for Pavement Reinforcing Fabric (Overlay) and Pavement Reinforcing Fabric (Seams) as shown on the plans, as required by these Special Provisions, and as directed by the Engineer. 7-1.25 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs", of the Standard Specifications and these. special provisions. Miscellaneous roadside signs shall conform to details on plans. where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods. will. be permitted provided that the perimeter of the damaged area is sawcut to the .limits required to form a neat finish .as directed by the Engineer. Signs shall be installed as shown on the plans. Sign panels shall be mounted on posts with Hawkins M2G series -bolt and vandal proof nut assembly or equal. Roadside signs installed per details on plans, shall be located within sidewalk six (6) inches from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly. . Warning and Regulatory signs sign panels shall be mounted on posts with Hawkins M2G series bolt and vandal proof -nut assembly or equal. Roadside signs installed per details on plans, shall be located within sidewalk six (6) inches from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly. MEASUREMENT AND PAYMENT. All roadside signs shall be paid for at the contract per unit for Install Roadside Signs-(GSP Post). Installation of one (1) or more sign panels mounted on a single post shall be counted as one (1) roadside sign (GSP Post) and shall be paid for at the. contract per unit for Install Roadside Signs (GSP Post). . Installation of one or more sign panel(s) mounted on an existing single post shall be counted as one (1 }roadside sign and shall be paid for at the contract per unit for Install. Roadside Signs (GSP Post). 7-1.26 INSTALL SURVEY MONUMENT ENCASEMENT. Survey Monument Encasements shall be constructed (furnished and installed) at the locations. shown on the plans, in accordance with these special provisions, and City of Bakersf eld Standard 5-29. Pads shall be protected from public traffic for a minimum of three (3) days. Resurfacing/ interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 35 At the option of the Contractor, minor concrete containing a minimum of seven (7) sacks of cement per cubic yard may be used and the time required for protection of the concrete surface from public traffic shall be reduced to a minimum of one. (1) day. The monument will be furnished by the Contractor as noted on the plans and as set by the City. The City will provide the survey. Contractor shall give City twenty-four (24) hours notice when surveys are needed. MEASUREMENT AND PAYMENT. For payment purposes, a survey monument encasement shall be considered as a single unit complete in place. The contract price paid for Install Survey Monument Encasement shall include full compensation for furnishing all labor, materials (including monuments and frames and covers), tools and equipment, and for doing all work including excavation and backfill, involved in constructing the monument encasement complete in place. 7-1.27. TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by the Engineer, replace all obliterated pavement delineation andlor markings with temporary delineation during the same work period. Temporary delineation shall consist of temporary reflective pavement markers applied in pieces not less than four (4) inches long nor less than four (4} inches wide, spaced no more than twenty-four (24) feet apart on tangents and no more than twelve (12) feet apart on curves. Temporary reflective markers shall be Davidson Plastics Co. ,Model "TOM" or approved equal and shall be applied in accordance with the manufacturer's instructions. Temporary delineation must be the same color as the permanent delineation or markings. Temporary delineation shall be placed in line with the new or existing striping alignment or as directed by the Engineer. Any temporary markers that become detached before permanent striping or markings are applied shall be replaced immediately by the Contractor. Temporary delineation shall be removed immediately prior to placement of permanent striping and when directed by the Engineer. Temporary delineation placed on a lower lift of asphalt concrete shall be removed immediately prior to placement of additional lifts. A striping plan will be made available to the Contractor when traffic delineation is to be modified by the City. PAYMENT. Full compensation for conforming to the. requirements. of this article shall be considered as included in the unit prices paid for various .items of work and no additional compensation will be allowed therefor.. 7-1.28 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement markings shall be (Alkyd type) thermoplastic and shall conform to .Section 84-2, "Thermoplastic. Traffic Stripes and Pavement Markings", of the Standard Specifications, -and these special provisions. The first sentence of Section 84-2.01,, "Materials" shall be revised to read: The thermoplastic material shall conform to State Specification 8010-21 C-19. The frst sentence of the .fourth paragraph of Section 84-2.04, "Application" shall be revised to read: A primer, of the type recommended by the manufacturer of the thermoplastic material, shall be applied to all asphaltic surfaces over 6 months old, to all areas within 10{ten) feet of detector loops, and to all Portland cement concrete surfaces. Contractor shall not place striping where detector loops are to be placed until loops have been installed and approved by Engineer. MEASUREMENT. Traffic stripes will be measured by the lineal foot of striping Detail specified. Striping Details are referenced in the bid items, the plans and the Standard Plans. Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 36 PAYMENT. The estimated quantity of Traffic Stripes and Pavement Markings shall be a final pay quantity in conformance with Section 9'-1.015, "FINAL PAY QUANTITIES", of the Standard Specifications. 7-1.29 PAVEMENT MARKERS. Pavement Markers shall conform to Section 85, "Pavement Markers", of the Standard Specifications and these special provisions. New markers shall be placed in accordance with the State Traffic Manual "Markings" Section per the following details as they apply to the project plans: Detail9 Detail l8 Detail 22 Detail 29 Detail 32 Detai138A Detai115 Detail 2l Detail 24 Detail3l Detail 38 Detail 39 Two-Way `Type D' (blue) Fire Hydrant Location Pavement Markers shall be placed at all fire hydrant locations within the project limits in accordance with the State Traffic Manual "Markings" Section. Existing markers within the project limits shall be removed and disposed of as directed by the Engineer. Existing markers not directed for removal, but damaged or removed by the Contractor, are not included in this section. Any markers removed or damaged by the Contractor without direction from the Engineer shall be replaced in kind at no expense to the City. Pavement markers for striping details shall be installed no sooner than (7) days after resurfacing operations have been completed and when directed by the Engineer after the traffic stripes have been applied. The traffic stripes shall be used by the .Contractor as the control line for the installation of the markers. All additional work necessary to establish satisfactory lines for markers shall be performed by the Contractor at no expense to the City. Fire Hydrants within 10 feet of a street intersection curb return shall have markers placed no greater than six inches (6") from each lane line and on the fire hydrant side of the lane line. Placement shall be in the direction of traffic flow nearest the fire hydrant and on all intersecting streets. Horizontal alignment shall be perpendicular to the traffic flow and in one straight line with each fire hydrant. Fire Hydrants beyond l0 feet of a street intersection curb return shall have markers placed within six inches (6") of each lane line.. in the direction of traffic flow nearest the fire hydrant. Horizontal alignment shall be perpendicular to the traffic flow and in on straight line with each .fire hydrant. Epoxy adhesive shall be used and shall conform to Section 95, "Epoxy", of the Standard Specifications and these special .provisions. -The Contractor shall useeither Rapid Set Epoxy Adhesive for Pavement Markers .(State Specification 8040- 51B-07) or Standard Set Epoxy Adhesive for Pavement:Markers (State Specification 8040-51B-09). Pavement markers shall have a Methyl Methacrylate housing, and they shall. be 4"x4"x0.75" in size. Low profile pavement makers shall not be allowed. Markers shall be installed afterlane lines have been striped.. MEASUREMENT AND PAYMENT. The estimated quantity oftwo-way "Type D" (blue) Fire Hydrant Pavement Markers shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES", of the Standard Specifications. Pavement markers for striping details shall be included in the contract price paid foot for the various striping details and no additional compensation will be made therefor. Resurfacingl Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 37 SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING - 7-Z.01 REMOVING AND REPLACING IMPROVEMENTS. Improvements such as sidewalks, curbs, gutters, ortland cement concrete, asphalt concrete pavement, underlying material, lawns and plants, relating to traffic signals, p interconnect, and lighting shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improvements" of the Standard Specifications, and these special provisions with special attention to Section 7-1.15 "Removing Concrete" of these special provisions Any improvements removed, broken, or damaged by the Contractor's operation shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. 7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Conduit shall be PVC Schedule 40 of Standard Iron Pipe Sizes or HDPE conduit depending Selective Alternate Bid awarded. High density polyethylene conduit (HDPE) shall comply with the following specifications: 1. Conduit shall be fabricated from polyethylene and shall be in conformance with. NEMA standards and Article 347 of the National Electrical Code. Non-black polyethylene conduit shall contain not less than 2500 arts er million m) of a hindered amain ultraviolet light stabilizer. Ultraviolet stabilization additive for p p ~p - o o black polyethylene conduit shall consist of carbon black loading of 2.5 /0+_0.5 /o by weight. 2. Conduit shall be manufactured from high density polyethylene rein designated as Type III,. Category 5, Class C Grade P34 material in ,accordance with ASTM D 1248. 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 len th of each high density, polyethylene conduit shall be installed without coupling,. splices, g or joints (ie. It shall be one continuous piece from pull box to pull box.) 5. Any section of conduit which is placed in an open trench shall be PVC Schedule 40. PVC conduit shall meet the following requirements: l .Shall conform to UL Standard b51 and NEMA Standard TC-2. 2. All 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-512. Conduits ma be installed by either jacking/drilling or open trench methods except where shown on the plans that Y borin /jacking is required or as determined by the Engineer. Installation using jacking or drilling shad conform to g Section 86-2.OSC, "Installation," ofthe Standard Specifications. Open trench installation ~n pavement shall conform to the following specifications: 1. Conduit shall be ri idnon-metallic type. Conduit or Conduits shall be placed, under existing pavement in g a trench minimum 6 inches not to exceed 12 inches in width for conduit. Trench shall be cut using a rock saw or backhoe and all loose uncompacted material shall be removed from the bottom of the .trench prior to lacement of conduit. The trench shall have a minimum depth of 24 inches below finished grade. p 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 ~ slurry, cement backfill. Slurry cement backfill shall be placed to within 0.40 feet of the pavement surface. ~'he top 0.40 feet shall be backfilled with Type B asphalt concrete produced from commercial quality paving asphalt and Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 38 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 pavement shall be backfilled except for the top 0.40 foot, by the end of each 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 permanent asphalt surface is placed. Permanent asphalt surface shall be placed within 15 working days of trench being opened. 5. Trenches perpendicular to traffic that are greater than 6" in width shall be plated until permanent 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. 7-Z.03 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. AlI pull box assemblies shall include one knockout for 4" conduit and one. knockout for 4" multi-duct conduit on all 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 the limits of the removed concrete. ..Recesses.. for suspension of ballasts will not be required. 7-Z.04 CONDUCTORS. AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors", and Section 86-2.09., "Wiring", of the Standard Specifications and these special provisions. Conductors -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Conductors shall be spliced by the use of "C" shaped compression connectors as shown. on Standard Plan ES 13. Splices shall be insulated by "Method B". 7-2.05 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing", of the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. The detector loops for each intersection shall be tested and .approved by Engineer prior to beginning next intersection. FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.140 "Functional Testing", of the Standard Specifications and the following paragraphs: Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 39 Functional test period is included in the number of working days to complete the project as described in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETIONAND LIQUIDATED DAMAGES" of these special provisions. The fourth paragraph of Section 86-2.14C "Functional Testing" of the Standard Specifications shall be amended to read as follows: Turn on of new or modified traffic signals shall be made only after all traffic signal circuits, including signal interconnect circuits, have been thoroughly tested as specified above. 7-2.06 LOOP DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. See Section 7, `Construction Specifications', "Maintaining Traffic", of these Special Provisions for any additional restrictions. CONSTRUCTION MATERIALS: Loop detector lead-in cables shall conform to the provisions in Section 86-5.01A (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 86-5.0 lA (5), "Installation Details", of .the Standard Specifications and. these special provisions. Detector Loops,, once begun by Contractor, for each intersection shall be installed, tested, and approved by Engineer prior to proceeding to next intersection. Slots cut in the :pavement .shall: be blown out and dried before installing inductive loop detectors. After conductors are .installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops", to within one-eighth (1/8) inch of the pavement surface. The sealant shall be at least one-half (112) inch thick above- the top conductor in the saw cut. Before setting, .surplus, sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials: a. An elastomeric sealant conforming to Section. $6-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, $J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 ~or approved equal). Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 40 Detector loops in concrete pads shall be sealed with epoxy sealant. MEASUREMENT AND PAYMENT. Quantities for Type C Detector Loop (b' x 50') shall be paid for at the contract. price each. The. contract price paid for each detector shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing traffic detector loops. Quantities for Diamond Detector Loop (6' x 6') shall be paid for at the contract price each. The contract price paid for each detector shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing traffic detector loops. 7-2.07 ASPHALTIC EMULSION INDUCTIVE LOOP SEALANT. STATE O F C A L I F O R N I A SPECIFICATION 1.0 Scope. This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and Portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 Applicable Specifications. ,The following. specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test- Method No. 434 California Department of Transportation Standard Specifications 1988 State. of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations. Board, Ref. 49CFR. 3.0 Requirements. 3.1 Composition The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen.. It will be the manufacturers responsibility toproduce aone-component product to meet. the properties specified herein. 3.2 Characteristics ofthe Sealant 3.2.1 Residue by evaporation, weight percent 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 3.2.3 Firm set time, hours, 4 maximum Test at one (1) hour intervals, use ASTM D2939. 3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3,10 RPM at 75 + 2" F. Resurfacing/ Interconnect Various Streets in the City of Bakersfield •1999-2000 - -Phase One 41 3.3 Properties of the Dried Film 3.3.1 Flexibility No full depth use ASTM D2939, except air dry specimens to cracks 4 constant weight at 75 +l- 5 deg. F, and 50 ten percent (10%) relative humidity. Condition mandrel and specimens two (2) hours at 75 2 deg. F. before test. Use aluminum panels, 0.03 inches thick (Q panel or equal}. 3.3.2 Tensile Strength, Psi, ~ 20 minimum cast sheets 0.25 inches thick and air dry at 75 5 deg. F., S0 ten percent (10%) relative humidity for minimum of sixteen (16) hours. Load rate 0.05 inches/minute, use ASTM D2523. 3.3.3 Elongation, % 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 3.3.4 Slant-shear strength to concrete, psi, 150 minimum Use California. Test Method No. 434, Part VIII. Space damp with no loss of blocks with 0.25 inches between slant faces, seal sides and adhesion to concrete bottom with tape and fill with the well stirred sample, strike offthe excess. Dry in 140. deg. F..oven to constant weight and condition one (1) day at 75 2 deg. F. before testing. Load rate to be 5000 lbs/minute. 3.3.5 Resistance to water, Noblistering re=emulsification or loss of adhesion Use ASTM D2939, Alternative B 3.4 V~orkmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance. to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform product of .the. proper consistency.. If the material cannot be easily. redispersed due to excessive settlement as described above or due to :any other cause, the sealant shall be considered unfit for use. 3.4,2 The sealant shall retain all specified properties under normal storage :conditions for twelve (12) months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material. that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for twelve (12) months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 Quality Assurance. Provisions. h~ 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 42 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved by the Engineer. 5.0 Preparation for Delivery. 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in five (5) gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. b.0 Notes. b. l Directions for Use Saw cuts shall be blown .clean with compressed air to remove excess water and debris. The sealant .must be thoroughly stirred before use and hand poured into the slots:. Due to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools. can be done with water, before the .sealant sets. 6.2 Patents The Contractor shall assume all costs arising from .the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees. to indemnify and save harmless the- State of .California, and its duly authorized representatives, from all suits at law or action of every nature for, or on account of, the use of any patented materials, equipment, devices. or processes. 6.3 Certificate of Compliance The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the :provision of Section 6-1.07, of CaliforniaDepartment of Transportation Standard Specifications, January 1988.. 7-2.08 TRAFFIC SIGNAL INTERCONNECT. A pull rope conforming to Section 86-2.OSC "Installation", of the Standard Specifications shall be included in all. interconnect conduit (including all. innerducts) for installation. of future conductors. Signal Interconnect Cable shall be twelve (12) pair conductor cable as shown on plans and shall conform to the following: The conductors shall be solid # 19 AVVG annealed copper in twisted pairs. The conductors shall be no less than three and one-half (3.5) turns per fourteen (14) inches for twelve (12) pair cable. The cable shall have a corrugated copolymer-coated eight (8) mil. aluminum tape and applied longitudinally over the core wrap. These cables must meet Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 43 the requirements of PE-39 and ANSI/ILEA 5-84-608-1988. A certificate of compliance to these special provisions v~ill be required from the manuf~.cturer prior to installation. At least 3 feet of slack shall be left for each conductor at each pull box and 8 feet at each controller cabinet. 7-2.08 GUARANTEE. The Contractor shall furnish a written guarantee to the City on form attached, .guaranteeing Loop Detectors (and their wiring and installation) and Interconnect (and their cable and installation) installed under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall . be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions. 7-1.09 PAYMENT. Unless noted otherwise, payment for work contained within Section 7-2 "Traffic Signal and Lighting" of these special provisions shall be paid for at the unit price of lineal foot of 2" Conduit (wl cable and pull string) and per Section 86-8 "Payment" of the Standard Specifications and no additional compensation will be allowed therefor. ..Full compensation for installing 19 AWG 12 Pair interconnect cable shall be considered as included in the prices paid per linear foot for 2" Conduit (w/cable and pull string) and no additional compensation will be allowed therefore. ,_a Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One 44 PROPOSAL FOR RESURFACINGIINTERCONNECT/BIKE STRIPING VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with .the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as specified in Section 4 of these Special Provisions, 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. FEDERAL AID ITEMS STPL-5019 (054) ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION N0. QUANTITY MEASURE PRICE PRICE (in .figures) (in figures) 1. 7 ~ EA Channelizers 2. 72 EA Adjust. Manhole 3. 9 EA Adjust Surrey Monument & Encasement 4. 17,361 SQ YD Cold Plane Asphalt Concrete Pavement 5. 940 CY Excavation 6. 2 STA Shoulder Backing 7. 1 LS Finishing Roadway 9. 6876 SQ YD Prepare Roadway 10. ~ TONS Asphalt Concrete (Type `B', 314" max. 11. 91 TONS Asphalt Concrete (Leveling) l2. 99,963 SQ YD Pavement Reinforcing Fabric (Overlay) 13. 5,394 SQ FT Pavement Markings (White) 14. 1,797 ~ SQ FT Pavement Markings (Yellow) Signed Bidder Page 1 of 6 Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR-1 PROPOSAL FOR: RESURFACING/INTERCONNECT/ BIKE STRIPING VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION N0. QUANTITY MEASURE PRICE PRICE (in figures) (in figures) 15. 30,7$1 LF Traffic Stripes (Detail 9) 16. 10 LF Traffic Stripes (Detail 10) 17. 2b LF Traffic Stripes (Detail 21) 18. 2,220 LF Traffic Stripes (Detai122) 19. 40 LF Traffic Stripes (Detail 24) 20. 39 LF Traffic Stripes (Detai127) 21. 21 LF Traffic Stripes (Detail 27B} 22. 177 LF Traffic Stripes (Detail 29) 23. 24 LF Traffic Stripes (Detail 31) 24. 8,029 LF Traffic Stripes (Detai132) 25. 3,331 LF Traffic Stripes (Detai138) 26. 1,004 LF Traffic Stripes (Detail 38A) 27. 12,35b LF Traffic Stripes (Detail 39) 28. 110 LF Traffic Stripes (Detail 39A) 29. 1,820 LF Traffic Stripes (Detai140A) 30. 11 EA .Pavement Markers (FH Type `D' Reflectors) 31. 12 EA Type A Detector Loop (b'xb') 32. 12 EA Type B Detector Loop (b'x6') 33. 4 EA Type C Detector Loop (3'x 15') 34. 23 EA Type C Detector Loop (b'x50') FEDERAL AID ITEMS CML- 5109-(061) 35. 3,195 LF 2" Conduit (w/Cable and Pull String) NON-FEDERAL AID ITEMS ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION N0. QUANT[TY MEASURE PRICE PRICE (in figures) (in figures) 35: 1 LS Transport and Stockpile Milled Material Signed Bidder Page 2 of 6 Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR- 2 PROPOSAL FOR: RESURFACINGIINTERCONNECTIBIKF STRIPING VARIOUS STREETS IN THE CITY OF BAI~ERSFIELD 1999-2000: PHASE I CHESTER AVENUE BIKE LANE STRIPING NON-FEDERAL AID ITEMS ITEM ESTIMATED UN[T OF ITEM UNIT EXTENSION N0. QUANTITY MEASURE PRICE PRICE (in figures} (in figures) 36. 18 EA .Install Roadside Sign (w/ GSP post) 37. 454 SQ FT Pavement Markings (White) 38. 1,863 LF Traffic Stripes (Detail 39A} 39. 3 EA Type C Detector Loop {3'x 15') PROJECT TOTAL: AMOUNT $ Signed Bidder Page 3 of 6 Resurfacing) Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR- 3 PROPOSAL FOR: RESURFACINGIINTERCONNECTYARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I PROJECT TOTAL $ BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA: CLEARLY LIST ANY AND ALL ADDENDA NUMBERS RECEIVED ON THIS PROJECT, ABOVE AND ON THE LOWER LEFT HAND CORNER OF THE SEALED BID RETURN ENVELOPE. THE REPRESENTATIONS MADE HEREIN ARE ,MADE UNDER THE PENALTY OF PERJURY Signed Bidder Company Address P.O. Box City, State -Zip Code Area Code Telephone No. License No.lExpiration Date Page 4 of 6 Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR- 4 PROPOSAL FOR: RESURFACING/INTERCONNECT VARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I 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 Price(s) and the respective Extension Price(s)and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of .all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the 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 by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting-forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about. the construction of the work orimprovement inexcess ofone-half of one percent (0.5°~0) of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will bedone byeach- subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name/ Description of portion Street Address (City, State, Zip) of work subcontracted (attach additional sheets if needed) Page 5 of 6 Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR- 5 PROPOSAL FOR: RESURFACINGIINTERCONNECTYARIOUS STREETS IN THE CITY OF BAKERSFIELD 1999-2000: PHASE I Accompanying this proposal is [NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be), 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 sgnature_shall beplaced above. If signature is by an agent, other than an officer of a corporation or a member. of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as .irregular and unauthorized. Business Address. Place of Residence Telephone No. Date Page 6 of 6 Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -[999-2000 - -Phase One PR- 6 BIDDER'S BOND (To Accompany Proposal) (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESENTS: THAT WE as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate 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 by law, 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. IN WITNESS WHEREOF, We have hereunto set out hands and seals this ,day of , 19 (Seal) (Seal) (Seal) ~j.V Page 1 of 2 Resurfacing/ [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR- 7 STATE OF CALIFORNIA ) ss, COUNTY OF ) On before me, Date personally appeared Personally known to me Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ------------------------------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 O F A T T A C II E D DOCUMENT INDIVIDUAL CORPORATE OFFICER Title or Type of Document Title(s). ❑ PARTNERS ❑ O LIMITED ❑ GENERAL . Number of Pages. ATTORNEY- - IN FACT ❑ TRUSTEES O ❑ GUARDIAN/CONSERVATOR OTHER: Date of Document ' SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES} Signer(s) Other than Named above Page 2 of 2 Resurfacing/ [nterconnect Various Streets in the Ciry of Bakersfield -1999-2000 - -Phase One PR- 8 TITLE 49, CUDE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The Bidder, under penalty of perjury, certified that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; Does not have a proposed debarment pending; and Has not been indicated, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the. past three (3) years. If there are any exceptions to the Certifications, insert the exceptions in the following space: - Exceptions. will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted .above, indicate below to whom it applies, initiating .agency, and dates of action. Note: :Providing false information may result in criminal prosecution or administrative sanctions. The above Certification is part of the Proposal. Signing-this Proposal on the signature portion thereof shall also constitute signature of this Certifications. Signature of Contractor Page 1 of 1 Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR- 9 CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION BY DISADVANTAGED BUSINESSES IN SUBCONTRACTING (Complete and submit with Proposal) Contract No. POLICY. It is the policy of the City of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23) 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 23 apply to this agreement and the work to be performed pursuant to this agreement. OBLIGATION. Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 23) 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, Contractor shall-take all necessary and reasonable steps in accordance with 49 CFR Part 23 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 finances, in whole or in part, with the Federal funds provided pursuant to this agreement. CERTIFICATION. Contractor certifies that: In accordance with the above~described policy and obligation and the provisions of Section 2-1..14, "DBE Goals for This .Project",and Section b-2, submission of DBE information, award, and execution of contract of the special provisions of this contract, affirmative action has been taken 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 my/our records and are available upon request. In addition, I/we will -take such affirmative action on any future subcontracting relating to this contract. Contractor Page 1 of 1 Resurfacing/ Interconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase One PR-10 To the State of California, Department of Transportation. NONCULLUSION AFFIDAVIT {Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,. or that anyone shall refrain .from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to ~x the bid price of the bidder or any other bidder, or to fix any overhead, profit, or .cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any. fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been convicted of any offense referred to in the California Public Contract Code. 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. Page l of l Resurfacing) [nterconnect Various Streets in the City of Bakersfield -1999-2000 - -Phase e PR-11 AGREEMENT N0. SAMPLE 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). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CITY desires to employ CONTRACTOR to ("Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be 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, whetherspecifcallyincIuded in the scope of work or not. The following shall be deemed to be part of this agreement as if fully set forth herein: A. Notice to Contractors B. Special Provisions C. Bid Proposal D. Bidder's Bond E. Performance Bond F. Material and. Labor Bond G. Letters of transmittal, if any H. All provisions. required by law to be inserted in this contract whether actually inserted or not. I. Current State of California DAS 140 Form (if required by Specifications) 2.COMPENSATION: Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Dollars )which shall be paid as follows: The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. A ten percent (10%) retention shall be withheld from payments to CONTRACTOR by CITY... The ten .percent {10%) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop -payment notices have been cleared. 3.PAYMENT PROCEDURE. CONTRACTOR shall be paid forservices rendered in accordance with the Special Provisions applicable to this Project. 4.NO WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. CONSTRUCTION PROJECTS AGREEMENT S;IPROJ ECTSIJAF199-OOprojlfed-restph 11Specs.wpd --September 29, 2000 S- 1 5.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. 6.STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. 7.MERGER AND MODIFICATION. This contract sets forth the entire Agreement befinreen the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 8.IXHIBITS. In the event of a conflict between the #erms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 9.COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this: Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force. 10.INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR.is not an agent or employee of the CITY for any purpose .and is not :entitled to any of the benefts 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: 11.1NSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 11.1 Automobile Liability insurance,. providing coverage on an occurrence basis for bodily injury, including dea#h, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000} peroccurrence; and the policy shall: 1.1.1.1 Provide coverage for owned, non-owned and hired autos. 11.1..2 Provide contractual liability coverage for the terms of this Agreement. 11.2 Broad form commercial general liability. insurance,. providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000).perorcurrence; and the policy shall: 11.2.1 Provide contractual liability coverage for the terms of this Agreement. 11.2.2 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 11.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000} per accident; and the policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, CONSTRUCTION PROJECTS AGREEMENT S:IPROJECTSIJAF199-OOprojlfed-reslph 11Specs.wpd --September 29, 2000 s- 2 employees, or volunteers and any insurance or self insurance maintained by the CITY, its mayor, council, officers, agents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any. deductibles, self insu-red retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. All policies shall contain an endorsement providing the CITY with thirty (30} days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. . The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. .The CONTRACTOR shall fufnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. Full compensation forall premiums which the CONTRACTOR isrequired topay onall-the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and. no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. Unless otherwise approved by the CITY, if any part of the work underthis Agreement is subcontracted, the "basic insurance .requirements" set forth above shall. be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements .for CONTRACTOR.. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 12. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, o~ any of them, before administrative or judicial tribunals of any kind- whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified. hereunder, except as limited by California Civil Code Section 2782. 13. STOP NOTICES OR LIENS. CONTRACTOR steal) not allow any stop notices or liens. to be f led on the project herein, and shall pay ail costs and fees to CITY, including without limitation attorney's fees, incurred by CITY. because: of the filing of any such stop notice., lien or legal. action .relating thereto. CONTRACTOR agrees CITY may withhold from any funds held. by CITY concerning the project herein amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of :any stop notice, lien, or legal action relating thereto: 14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation aril all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 (805} 326-3724 CONSTRUCTION PROJECTS AGREEMENT S:IPROJECTSIJAF199-OOprojlfed-reslph1lSpecs.wpd --September 29, 2000 S- 3 CONTRACTOR: 16. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 17. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 18. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 19. TITLE TO DOCUMENTS.. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 21. CORPORATEAUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and aIL of the obligations set forth in this Agreement. 22. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No - (Please check one.) 23. NON•INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement. (California Government Code section 1090). IN WITNESS WHEREOF, the parties hereto have caused #his Agreement to be executed, the. day and year first- abovewritten. ..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: COUNTERSIGNED: PUBLIC WORKS DEPARTMENT By: By: RAUL RAJAS GREGORY KLIMKO . Public Works- Director Finance Director CONSTRUCTION PROJECTS AGREEMENT S:IPROJECTSIJAF199-OOprojlfed-reslph1lSpecs.wpd S• 4 --September 29, 2000 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 ,19 , awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Project Name ;and WHEREAS, said Principal is required 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 their true intent and ,meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable. attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if .the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete; and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materialsand/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding,. the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.And the said surety, for value received, hereby. stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said. Surety hereby waives. the provisions of Sections 281.9 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. ;a 1 of 2 S- 5 . IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) 2of2 S- 6 MATERIAL LABOR 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 Council Meeting ,19 , awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Project Name and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any king, 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 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 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, odor any. amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respectto such work orlabor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond:. is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California,. and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other -supplies, appliances, or power use, in, upon,, for, or about the performance of the. work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and, materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount herenabove set forth, and also will pay in-case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of the Owners and any and all .persons, companies, and corporations: and ,their .respective assigns entitled to file claims: under applicable State law, including, but not limited to, California Civil Code Section 3181,. so as to give a right of action. to them or their assigns in any quit 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. 1 of 2 S- 7 IN WITNESS WHEREUF, the above mentioned parties have executed this instrument under their seals this day of ,19 ,the. name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. tSeal) Principal Signature for Principal, Title Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) 2of2 S- 8 TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. for: RESURFACING VARIOUS STREETS IN THE .CITY OF BAKERSFIELD 1998-99 PHASE 1 ;a awarded on , between the City of Bakersfield {hereinafter referred to as the City), and the undersigned, which contract provides for the installation of l~htin~ and/or traffic signal system, and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the. system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within.{ 1) year after date on which said contract is accepted by the City, the undersigned agrees to reunburse the City, upon demand,, for its ex enses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any p equipment or materials replaced,. or, upon demand by the City, to replace any such equipment and repair said systems . completely without cost to the City, so that they will operate successfully. as originally contemplated.. The Ci shall have the: option to make ariy needed. repairs. or replacements itself or to have such replacements or repairs tY done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the o ton to make any needed repairs or replacements.. In the event the City elects to have said' work performed bq the p undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed- .within Twenty-Four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specifted in the City's written notification. Said s stem .will be deemed. defective within the meaning of this guarantee in the event that they fail.. to operate as Y .originally intended by the manufacturers thereof and in accordance with the plans and speciftcations included in said contract.... - Date Contractor's Signature Firm . Address 5-12