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HomeMy WebLinkAbout2000 Special Provisions Project T9K053_ CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS, SPECIAL PROVISIONS, BID PROPOSAL AND CONTRACT _ - TRAFFIC SIGNAL I1~TERCONNECT INSTA~LATIDN AT VARIOUS L(1 CATIONS IN - THE, CI T Y OF BAKERSFIELD SID OPENING.:: . _ - DATE: `AUGUST 16, 20.00 l TIME. _ 11.00 A.M. . PROJECT NO.: T9K053 J . Ili FEDERAL PROJECT NO. CML-5109(045)` - . i, ~I F ~ CITY OF ~AKERSFIELD P UB R - THE I WO K DEP NT L C S AR r.. T S ANNEX BUILDING, l ; FLDOR - ~ C~~ 1501` TRUXTUN AVENUE ~ , 00 1 0 3 BA~ERSFIELD, CALIFORNIA 93301 ~ ~ ~ Pro'ect En ineer: NICK FIDLER ~ ` ~ - . ~ g. ~~P.2 Tele, hone: bbl 32b-3944 ~ _ ~ P ~ _ w~ ~ ~ w F' ~ ecs2. d zlen ~ P•1CMIS 1 ettersls ~ ame. 09 045.11 P P TABLE OF CONTENTS NOTICE TO CONTRACTORS . 1 GENERAL DESCRIPTION OF WORK. . SPECIAL PROVISIONS 3 SECTION 1 -DEFINITIONS AND TERMS . 3 1-1.01 General 3 1-1.02 Definitions and Terms 3 SECTION 2 -PROPOSAL REQUIREMENTS 4 2-1.01 General Information 4 2-1.02 Approximate Estimate . . . . 4 2-1,03 Examination of Plans, Specifications, Special Provisions, and Site of Work . 4 2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities . 4 2-1.05 Proposal Form 4 2-1.06 Bidder's Guarantee 4 2-1.07 Required Listing of Proposed Subcontractors . . . 4 2-1.08 Bid Submittal Items 5 2-1.09 Omissions in Specifications and Drawings 5 2-1.10 Withdrawal of Proposals . 5 2-1.11 Public Opening of Proposals S 2-1.12 Relief of Bidders . , 5 2-1.13 Disqualification of Bidders . 5 2-1.14 Disadvantaged Business 6 2-1.15 DBE Goal for this Project . , 6 SECTION 3 -AWARD AND EXECUTION OF CONTRACT . 8 3-1.01 General 8 3-1.02 Award of Contract 8 3-1.03 Contract Bonds 8 3-1.04 Execution of Contract 8 3-1.05 Return of Bidder's Guarantees 8 SECTION 3-2 SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION. OF CONTRACT 9 3 3-2.01 General 9 3-2.01 a DBE Information . . , , 9 3-2.01 b Award of Contract . . . . 10 3-2.02 Performance of DBE Subcontractors and Suppliers 10 3-2.03 DBE Records 10 3-2.04 Subcontracting 10 SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 12 4-1.01 General 12 SECTION 5 -GENERAL 13 5-1.01 State Contract Act Not Applicable . . . 13 i 5-1.02 Alteration in Quantity of Work 13 5-1.03 Control of Work 13 5-1.04 Prevailing Wages 13 5-1.05 Payroll Records 14 5-1.06 Labor Nondiscrimination 14 5-1.07 Apprentices 14 5-1.08 Trench Safety 14 5-1.09 Sound Control Requirements 14 5-1.10 Permits and Licenses 15 5-l.ll Working Hours 15 5-1.12 Laws to Be Observed 15 5-1..13 Contractor's Insurance 15 5-1.13a Indemnity 15 5-1.13b Insurance 15 5-1.14 Contractor's Authority 15 5-1.15 Work in City Streets 15 5-1.16 Right of Way 15 5-1.17 Suspension of Contract 15 5-1.18 Temporary Suspension of Work 16 5-1.19 Payrnents 16 5-1.20 Final Payment 16 5-1.21 Increased or Decreased Quantities 17 5-1.22 Hazardous Materials 17 5-1.23 Highway Construction Equipment 17 SECTION 6 -CONTROL OF MATERIALS 1 S 6-1.01 General 18 6-1.02 Borrow, Disposal and Material Sites 18 6-1.03 Certificates of Compliance 18 6-1.04 Buy America Requirements 18 FORM 1273 FROM THE LOCAL PROGRAMS PROCEDURES MANUAL..........ATTACHMENT A & B DAVIS BACON FEDERAL PREVAILING WAGE DETERMINATION SHEETS...........ATTACHMENT SECTION 7 -CONSTRUCTION SPECIFICATIONS 19 7-1.01 Relations With Railroad Company 19 7-1.02 Relations With The State of California 19 7-1.03 Obstructions 19 7-1.04 Maintaining Traffic 20 7-1.05 Traffic Delineation 20 7-1.06 Existing Highway Facilities 21 7-1.07 Remove Concrete 21 7-1.08 Clearing and Grubbing 21 7-1.09. Dust Control 21 7-1.10 Finishing Roadway . 7- l . l 1 Directional Drilling 22 7-1.11 A. l Directional Drilling Pit and Receiving Pit Shall Be 23 7-1.11 A.2 Excavation and B ackfill 23 7-1.11A.3 Damages 23 7-1.12 Conduit 23 7-1.13 Multiduct Conduit 24 7-1.14 Multi-Conduit System 24 7-1.15 Conduit and Innerduct Sealing Plugs 25 7-1.16 Conduit Installation 25 7-1.17 Pull Boxes 26 ii 7-1.18 Traffic Signal Interconnect 26 7-1.19 Bored/Jacked Pipe 26 7-1.20 12" Steel Casing 27 7-1.21 Detectors 27 7-1.22 Testing 28 7-1.23 Guarantee 28 7-1.24 Payment 28 Detector Specifications 8040-41 A-15 ENCROACHMENT PERMITS State. of California Department of Transportation . Sample copy of Right of Entry Agreement Permit with the Union Pacific Railroad Company . PROPOSAL (Yellow Pages) Proposal Form ............................................................................PR 1 Bidder's Bond .............................................................................PR S Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification PR 7 Certificate of Assurance with Regard to Participating by Disadvantaged Businesses in Subcontracting.........PR 8 Noncollusion Affidavit .....................................................................PR 9 Local Agency Bidder-DBE Information PR 10 Good Faith Effort Statement of DBEIWBE Participation PR 11 Equal Employment Opportunity Certification PR 13 Nonlobbying Certification for Federal- Aid Contracts PR 14 Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities PR 15 Disclosure of Lobbying Activities PR 17 SAMPLE CONTRACT Independent Contractor's Agreement S-1 Faithful PerformanceBgnd S-8 Material and Labor Bond S-9 Escrow Agreement for Security Deposits in Lieu of Retention S-10 Guarantee -Material and Workmanship S-12 Guarantee-Equipment S-13 PUBLIC WORKS CONTRACT AWARD INFORMATION DAS 140 . . 111 CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Ha11,1501 Truxtun Avenue, Bakersfield, California, until 11:00 a.m. on August 16, 2000, to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of ZERO dollars 0,00) for each complete set. Refund of deposit will be made provided the .plans and specifications are returned to the Purchasing Officer within twenty-one (21 }days from the date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and Section 2, "Proposal Requirements", of the special provisions issued for this project. Each bid must be accompanied by a proposal guarantee in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and Section 2, "Proposal Requirements", of the special provisions issued for this project. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request-for substitution of securities to be deposited shall be submitted on the form entitled "Escrow Agreement for Security Deposits in Lieu of Retention," included in the back of these special provisions. The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded. The proposed work shall be done in accordance with the Standard Specifications of the State of California, Department of Transportation, dated July, 1992, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.), the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works,1501 Truxtun Avenue, Bakersfield, California. A sample contract is included 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 prior to bid opening.. If approved, the changes will be issued to all prospective contractors. Failure to submit request for changes in a timely manner will result in a denial of the request for change. Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal. Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining of a different contractor by the City. 1 CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIr~L 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 the particular duties entrusted to them. Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract. Standard Specifications -Standard Specifications of the State of California, Department of Transportation, dated July,1992. State -The City of Bakersfield. State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The. provisions of this act do not apply to this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1., Definition of Terms of the Standard Specifications. The terms bid and proposal are used in the same way and can be freely interchanged herein. a 3 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: • Non -Collusion Affidavit Form: • Local Agency Bidder -DBE Information: • Good Faith Effort Statement of DBIWBE Participation. (If goal not met): • Equal Employment Opportunity Certification: and • Disclosure of Lobbying Activities. 2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications _ and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings of specifications. 2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing Department. The written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly- authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present. 2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 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 1028;5.1 (Chapter 376, Stats,1985) provides as follows: Any state agency may suspend, for a period of up to three (3}years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or .any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other actin violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any. public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under . penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three (3) years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.13 DISQUALIFICATION OFBIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for. believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. Bidders may be disqualified for being non- responsible. S 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. - L4S ANGELES 2594 Industry Way,Suite 101-A Lynwood, CA~ 902b2 Telephone: (310) S 37-6677 FAX N0. (310) 637-0128 Bidders .may utilize the services of this organization to contact interested DBE's. 7 SECTION 3-Z SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3-2.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract", of the Standard Specifications and these special provisions for the requirements and conditions concerning submittal of DBE information, award, and execution of contract. The required DBE information shall be submitted on the "BIDDER -DBE INFORMATION" form included in the proposal. If such DBE information is not submitted with the bid, the DBE information form shall be removed from documents prior to submitting the bid. It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so. 3-2.OlA DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder) the second low bidder and the third low bidder shall submit DBE information to the office at which bids were received so the information is received by the Department no later than close of business on the fourth day, not including Saturdays, Sunday and legal holidays, following the bid opening. DBE information sent by certified mail and postmarked on or before the third day not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after said fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal non-responsive. Other bidders need not submit DBE information unless requested to do so by the Department. When such request is made, the DBE information of such bidders shall be submitted so the information is received by the Department no later than close of business. on the third day, not including Saturdays, Sundays and legal holidays, after said notification, unless a later time is authorized by the Department. The bidders DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. _ a. 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. 9 The requirement in the third paragraph. of said Section 8-l .Ol that the Contractor shall perform with his own organization contract work amounting to not less than fifty percent (SO%) 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 aid Section 8-..1.01, "Subcontracting", and Section 2-1.07, "Required Listing of Proposed Subcontractors", of these special provisions. In accordance with the. Federal MBE regulations Section 23.45(f)(2) Part 23, Title 49 CFR; a. No substitution of a DBE subcontractor shall be made at any time without the written consent of the Department, and b. If a DBE subcontractor is unable to perform successfully and is to be replaced, the contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor. The requirement in Section 2-1.13(H), "Disadvantaged Business", of these special provisions that DBE's must be certified . on the date bids are opened does not apply to DBE substitutions after award of the contract._ 11 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 often-thousand dollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds twenty-eve 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 ale 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. Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: 13 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 io 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 ees, an give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which requires such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 a.m. to 4:30 p.m. Monday through ,Friday. Any deviations must be requested in writing and.directed to the Engineer at the Pre-Job Conference. Written approval from .the Engineer is required for work beyond these limits. Any time work proceeds which requires inspection services for more than a nine and one-half (9.5) hour work day or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges maybe withheld from contract retention. 5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and. all municipal ordinances and .regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the .same. 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A INDEMNITY. CONTRACTOR shall 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 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with. City Ordinances regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, .and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue 15 against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the -City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof. 5-1.21 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 1$-1.05, "PAYMENT". Fourth paragraph of Section 24-1.11, "PAYMENT". Eleventh paragraph of Section 39-8.02, "PAYMENT". 5-1.22 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's well- - being and their education of handling hazardous materials when hazardous materials are encountered during this project. 5-1.23 HIGHWAY CONSTRUCTION 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 are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11,12,13,14 and 15 of the Vehicle Cbde. Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 17 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL,-The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the (This form need not be filled in if all joint venture firms are statutes, rules and regulations promulgated by the Federal Gov- minority owned.} ernment and applicable to work financed in whole~~or in part with Federal funds will apply to such work. The Required Contract Provisions, Federal-Aid Construction Contracts, 1. Name of joint venture "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be 2. Address of joint venture construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.-In ad- 3. Phone number of joint venture dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- - quired contract provisions, the Contractor shall comply with 4. Identif the firms which comprise the joint venture. (The the following:.. y The bidder shall execute the CERTIFICATION WITH RE_ MBE partner must complete Schedule A.) GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EpUAL _ OPPORTUNITY CLAUSE AND THE. FILING OF REQUIRED REPORTS Iocated in the proposal. No request for subletting or assigning any portion of the contract in ex- a. Describe the role of the MBE firm in the joint venture. cess of $10,000 will be considered under the. provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION,-The provisions in this b. Describe very briefly the .experience and business section are applicable to all contracts .except .contracts. for ' Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a qualifications of each non-MBE joint venturer: condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file asworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into 5. Nature of the joint venture's business any agreement, participated in any collusion, or otherwise taken any action in restraint of free. competitive .bidding in - connection with the submitted bid. A form to make the non- 6, provide a copy of the joint venture agreement. collusion affidavit statement required. by .Section 112 as a certification under penalty of perjury rather than as a sworn 7, What is the claimed percentage of MBE ownership? _ statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- g, pwnershi of 'oint venture: This need. not be filled in if TERPRISES IN SUBCONTRACTING.--Part 23, Title 49, p ~ ( Code of Federal Regulations applies to this Federal-aid project. described in the 'oint venture a reement, provided by Pertinent sections of satd Code are incorporated m part or m its ~ g entirety within other sections of these special provisions. question 6.}. Schedule B-Information for Determining Joint Venture Eli- gibility Revised 3.95 08.01.95 FR-1 Attachment A Page 12-63 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts} Disputes within the meaning of this clause include disputes Page between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor s employees or I. General 3 their representatives. II. Nandiscrimination 3 III. Nonsegregated Facilities 5 6. Selection of Labor: During the perforn~ance of this lV. Payment of Predetermined Minimum Wage 6 contract, the contractor shall not: V. Statements and Payrolls 8 VI. Record of Materials, Supplies, and Labor 9 a. discriminate against labor from any other State, posses- VII. Subletting or Assigning the Contract 9 sion, or territory of the United States (except for employment VIII. Safe :Accident Prevention l0 preference for Appalachian contracts, when applicable, as ~ ,specified ~n Attachment A}, or IX. False Statements Concerning Highway Project....... 10 X. Implementation of Clean Air Act and Federal Water b. employ convict labor for any purpose within the limits Pollution Control Act I O of the project unless it is labor performed by convicts who are XI. Certification Regarding Debarment, Suspension, on parole, supervised release, or probation. Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds for II. NONDISCRIMINATION Lobbying 12 . (Applicable to all Federal-aid construction contracts and to ATTACHMENTS all related subcontracts of $10,000 or more.) A. Employment Preference for Appalachian Contracts l: Equal Employment Opportunity: Equal employment .(included to Appalachian contracts only) opportunity (EEO) requirements not to discr~m~nate and to take affirmative action to assure equal opportunity asset forth under I. GENERAL laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1 d30, and 41 CFR 60) and. orders of the Secretary of 1. These contract rovisions shall apply to all work per- Labor as modified by the. provisions prescribed herein, and im- p ~ osed ursuant to 23 U.S.C. 140 shall constitute the EEO and formed on the contract by the contractor s own organization P P and with the assistance of workers under the contractor's im- specific affirmative action standards far the contractor's project mediate su erintendence and to all work performed on the con- activities under this contract. The Equal Opportunity p Construction Contract Specifications set Earth ,under tract by piecework, station work, or by subcontract. 41 CFR 60-4.3 and the provisions of the American Disabil~t~es Act.of .1990 (42 U.S.C. 12101 et se .set forth under28 CFR 3S 2; Except as otherwise provided for in each section, the con- q ) tractor shall insert in each subcontract all of the stipulations and 29 CFR 1630 are incorporated by reference in this contract. ntained in these Re wired Contract Provisions, and further In the execution of this contract, the contractor agrees to comply co q re wire heir inclusion in any lower tier subcontract or with the following minimum specific requirement acttvit~es of q purchase order. that may in turn be made. The Required Contract EEO: Provisions shall- not be incorporated by reference in any case. - a. The contractor will work with the State highway agency The prime contractor shall be responsible. for compy enRebuired (SHA) and the Federal Government in carrying out EEO subcontractor or lower tier subcontractor with then q Contract Provisions. obligations and in their review. of hislher activities under the contract. 3. A breach of any of the stipulations contained in these Re- ntractor will acce t as his o erating policy the quired Contract Provisions shall be .sufficient grounds for b. The co p P termination of the contract. following statement: 4, A breach of the followin clauses of the Required Contract "It is the policy of'this Company to assarre that applicants Provisions ma also be rounds for debarment as provided in are employed, and that employees are treated during employ- 29-CFR 5.12: y g ment, without regard to their race, religion, ser, color, na- tional origin, age or disability.. Such action shall rnclude: Section I, aragraph 2; employment, upgrading, demotion, or transfer; recruitment or p recruitment advertising; layoff or termination; rates of pa~~ or .Section IV, paragraphs 1, 2, 3, 4, and.7; Section V, paragraphs 1 and 2a through 2g. other forms. of compensation, and selection for training, in- cluding apprenticeship, preapprenticeship, and/or on-the job . S. Disputes arising out of the labor standards provisions of training." Section IV (except paragraph S}and Section V of these Required 2. EEO Officer: The contractor will designate and make Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer who will resolved in accordance with the procedures of the U.S. De- have the responsibility for and must be capable of effectively partment of Labor (DOL) as set forth in 29 CFR S, b, and 7. Form 1273 --Revised 3-95 08-07.95 FR-3 Page 12-b5 February 1,1998 Attachment B Local Assistance Procedures Manual EXHiB1T 12-E PS&E Checklist Instructions Attachment B 7. Unions: If the contractor relies in whole or in part upon 9. Records and Reports: The contractor shall keep such unions as a source of employees, the contractor will use his/her records as necessary to document compliance with the EEO best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained for a period of opportunities for minority groups and women within the three years following completion of the contract work and shall unions, and to effect referrals by such unions of minority and be available at reasonable Mmes and places for inspection by au- female employees. Actions by the contractor either directly or thorized representatives ofthe SHA and the FHWA. through a contractor's association acting as agent will include the procedures set forth below: a. The records kept by the contractor shall document the following: a; The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed (1) The number of minority and non-minority group toward qualifying more minority group members and women members and women employed in each work classification for membership in the unions and increasing the skills of on the project; minority group employees and women so that they may qualify for higher paying employment. (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- b. The contractor will use best efforts to incorporate an portunities for minorities and women; EEO. clause into each union agreement to the end that such union will be contractually bound to refer applicants with- (3}The progress and efforts being made in locating, hir- outregard to their race, color, religion, sex, national origin, ing, training, qualifying, and upgrading minority and fe- age or disability. male employees; and c. The contractor is to obtain information as to the referral (4) The progress and efforts being made in securing the practices and policies of the labor union except that to the ex- services of DBE subcontractors or subcontractors with tent such information is within the exclusive possession of meaningful minority and female representation among their the labor .union and such labor union refuses to furnish such employees. information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to b. The contractors will submit an annual report to the SHA obtain such information. each July for the duration of the project, indicating the num- ber of minority, women, andnon-minority group employees d. In the event the union is unable to provide the contrac- currently engaged in each work classification required by the tor.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-1391. If on-the-job training is being required by agreement,-the contractor will, through independent recruit- special provision, the contractor will be required to collect merit efforts, fill the employment vacancies without regard to and report training data. race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualif-led and/or qualifiable mi- III NONSEGREGATED FACILITIES nority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor (Applicable to all Federal-aid construction contracts and to has a collective bargaining agreement providing for exclusive all related subcontracts of $10,000 or more.) referral failed to refer minority employees.) In the event the union, referral practice prevents the contractor from meeting a. By submission of this bid, the execution of this contract the obligations pursuant. to .Executive Order 11246, as or subcontract, or the consummation of this material supply amended, and these special provisions; such contractor shall .agreement or purchase order, as appropriate, the bidder, immediately notify the SHA. Federal-aid construction contractor, subcontractor, material supplier, ar vendor, as appropriate, certifies that the firm does 8. Selection of Subcontractors, Procurement of Materials not maintain or provide for its employees any segregated and Leasing of Equipment: The contractor shall not facilities at any of its establishments, and that the firm does discriminate on the grounds of race, color, religion, sex, not permit its employees to perform their services at any national origin, age or disability in the selection and retention location, under its control, where segregated facilities are of subcontractors, including procurement of materials and l~,eases .maintained. The firm agrees that a breach of this certification of equipment. is a violation of the EEO provisions of this contract. The firm .further certifies that no employee will be denied access to a. The contractor shall notify all potential subcontractors ~ adequate facilities on the basis of sex or disability. and suppliers of his/her EEO obligations under this contract. b. As used in this certification, the term "segregated facili- b. Disadvantaged business enterprises (DBE), as def-fined ties" means any waiting rooms, work areas, restrooms and in 49 CFR 23, shall have equal opportunity to compete for washrooms, restaurants and other eating areas, time clocks, and perform subcontracts which the contractor enters into locker rooms, and other storage or dressing areas, parking pursuant to this contract. The contractor will use his best lots, drinking fountains, recreation 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 segregated by explicit directive, or are, in fact, seg- .representation among their employees. Contractors shall regated on the basis of race, color, religion, national origin, obtain lists of DBE construction firms from SHA personnel. age or disability, because of habit, local custom, or otherwise. The only exception will be far the disabled when the c. The contractor will use his best efforts to ensure subcon- demands for accessibility override (e.g. disabled parking). tractor compliance with their EEO obligations. Eorm 1273 -Revised 3-95 48-O7-9S FR-5 Page 12-67 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona (4} In the event the Bureau of Apprenticeship and Train- . ode fringe benefit or an hourly case equivalent thereof. ing, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, b. If the contractor or subcontractor, as appropriate, does the contractor or subcontractor will no longer be permitted not make payments to a trustee or other third person, he/she to utilize apprentices at less than the applicable predeter- may consider as a part of the wages of any laborer or mec~tanic mined rate for the comparable work performed by regular the amount 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 been met. The Secretary of Labor may (1) Except as provided in 29 CFR 5.16, trainees will not require the contractor to set aside in a separate account assets be permitted to work at less than the predetermined rate for for the meeting of obligations under the plan or program. the work performed unless they are employed pursuant to .and individually registered in a program which has 4. Apprentices and Trainees (Programs of the U.S. DOL) received prior approval, evidenced by formal certification and Helpers: by the DOL, Employment and Training Administration. a. Apprentices: (2}The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the 1 A rentices will be permitted to work at less than plan approved by the Employment and Training Adminis- pp tration. Any employee listed on the payroll at a trainee the predetermined rate for the work they. performed when rate who is not registered and participating in a training they are employed pursuant to and individually registered .plan approved by the Employment and Training Adminis- in abona fide apprenticeship program registered with the tration shall be paid not less than the applicable wage rate DOL, Employment and Training Administration, Bureau of on the wage determination for the classification of work ac- Apprenticeship and Training, or with a State apprentice- tually performed. In addition, any trainee performing work ship agency recognized by the Bureau, or if a person is em- on the job site in excess of the ratio permitted under the ployed in his/her first 90 days of probationary employment registered. program shalt be paid not less than the applica- as an apprentice in such an apprenticeship program, who is ble wage rate on the wage determination for the work actu- not individually registered in the program,. but who has ally performed. been certified by the Bureau of Apprenticeship and Training or a State apprenticeship. agency .(where appropri- (3) Every trainee must be paid at not less than the rate ate) to be eligible for probationary employment as an ap- specified in the approved program for his/her ,level of Prentice, progress, expressed as a percentage of the journeyman-level 2 The allowable ratio of a rentices to 'ourneyman- hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with level em to ees on the 'ob sitepn an craft lassification PY J the provisions of the trainee program. If the trainee shall not be greater than the ratio permitted to the contrac- program does not mention fringe benefits, trainees shall be :tor as to the entire work force under the registered program. .paid the full amount of fringe benefits listed on the wage Any employee listed on a payroll at an apprentice wage determination unless the Administrator of the Wage and rate, who is not registered or otherwise employed as stated Hour Division determines that there is an apprenticeship above, shall be paid not less than the applicable wage rate program associated with the corresponding journeyman- listed in the wage determination for the classification of level wage rate on the wage determination which provides work actually performed: In addition, any apprentice per- for less than full fringe. benefits for apprentices, in which forming work on the job site in excess of the ratio permitted case such trainees shall receive the same fringe benefits as under the registered- program shall be paid .not less than the apprentices. applicable wage rate on the wage determination for the work actually. performed. Where a .contractor or (4) In the event the Employment and Training Adminis- subcontractor isperforming construction on a project in a tration withdraws approval of a training program, the con- localityother than that in which its program is registered, tractor or subcontractor will no longer be permitted to uti- theratios and wage rates (expressed in percentages of the line trainees at less than the applicable predetermined rate journeyman-level hourly rate) specified to-the contractor's for the work performed until an acceptable program is ap- or subcontractor's registered program shall be observed. proved. (3) Every apprentice must be paid at not less than the rate specified to the registered program for the apprentice's c. Helpers: level of progress, expressed as a percentage. of the jour- neyman-level hourly rate specified in the applicable wage Helpers will be permitted to work an a project if the determination. Apprentices shall be paid fringe benefits in helper classification is specified and defined on the accordance with the provisions of the apprenticeship pro- applicable wage determination or is approved pursuant to ..gram. If the apprenticeship program does not specify fringe the conformance procedure set forth in Section IV.2. Any benefits, apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage rate, who is not benefits listed on the wage determination 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 applicable wage .rate on the wage Division determines that a different practice prevails for the determination for the classification of work actually applicable apprentice classification, fringes shall be paid performed. E in accordance with that determination. Form 1273 -Revised 3.95 08.07.95 FR-7 Page 12-b9 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B c. Each contractor and subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR 5.12. week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employ- VI. RECORD OF MATERIALS, SUPPLIES, AND ees (including apprentices, trainees, and helpers, described in LABOR Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). 1.On all Federal-aid contracts on the National Highway Sys- The payroll submitted shall set out accurately and completely tem, except those which provide solely for the installation of all of the information required to be maintained under Para- protective devices at railroad grade crossings, those which are graph 2b of this Section V. This information maybe submit- constructed on a force account or direct labor basis, highway ted in any form desired. Optional Form WH-347 is available beautification contracts, and contracts for which the total Bnal 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 029-005-0014-1 $1,000,000 (23 CFR 635} the contractor shall: U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for .the submission of a. Become familiar with the list of specific materials and copies of payrolls by all subcontractors. supplies contained in Form FHWA-47, "Statement of Materi- als and Labor Used.by Contractor of Highway Construction d. Each payroll submitted shall be accompanied by a ,Involving Federal Funds," prior to the commencement of work "Statement of Compliance," signed by the contractor orsub- under this contract. contractor or hislher agent who pays or supervises the pay- ment ofthe persons employed under the contract and shall b. Maintain a record of the total cost of all materials and certify the following: supplies purchased for and incorporated in the work, and 1 `that the a roll for the a roll eriod contains the also of the quantities of those specific materials and supplies p Y P Y p listed on Form FHWA-41, and m the units shown on Form information required to be maintained under paragraph 2b FHWA-47. of this Section V and that such information is correct and complete; ~ c. Furnish, upon the completion of the contract, to the SHA e ch hel er resident engineer on Form FHWA-47 together with the data (2}that such laborer or mechanic (including a p required in paragraph lb relative to materials and supplies, a apprentice, and trainee} employed on the contract during final labor summary of all contract work indicating the total the. payroll period has been paid the full weekly wages hours worked and the total amount earned. earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or 2, At the prime contractor's option, .either a single report indirectly from the full wages earned, other than covering all contract work or separate reports for the contractor permissible deductions as set forth in the Regulations, 29 and for each subcontract shall be submitted. CFR 3; a 3 that each laborer or mechanic has been paid not less VII. SUBLETTING OR ASSIGNING THE CON- TRACT that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorpo- 1. The contractor shall perform with its own organization rated into the contract. contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the e. The weekly submission of a properly executed certifica- total original contract price, excluding any specialty items des- tion set forth on the reverse side of Optional Form WII-347 ignated by the State. Specialty items may be performed by sub- shall satisfy the requirement for submission of the "Statement contract and the amount of any such specialty items performed of Compliance" required by paragraph 2d of this Section V, may be deducted from the total original contract pace before computing the amount of work regwred to be performed by the f. The falsification of any of the above certifications may contractor's own. organization (23 CFR 635). subject the contractor to civic or criminal prosecution under 18 U.S.C.1001 and 31 U.S.C. 231. a. "Its awn organiation" shall be construed to include only workers employed and. paid directly by the prime con- g. The contractor or subcontractor shall make the records tractor and equipment owned or rented by the prime contrac- requiredunder paragraph 2b of this Section V available for tor, with or without operators. Such term does not include inspection, copying, or transcription by authorized employees or equipment of a subcontractor, assignee, or agent .representatives of the SHA, .the FHWA, or the DOL, and of the. pnme contractor. shall permit such representatives to interview employees during working hours on the job. If the contractor or b. "Specialty Items" shall be construed to be limited to .subcontractor fails to submit the required records or to make work that requires highly specialized knowledge, abilities, them available, the SHA, the FHWA, the DOL, or all may, or equipment not ordinar~ly available in the type of con- e after written notice to the contractor, sponsor, applicant, or tract~ng organizations qualified and expected to bid on the owner, take such actions as may be necessary to cause the contract as a whole and m general are to be limited to minor suspension of any further payment, advance, or guarantee of components of the overall contract. funds. Furthermore, failure to submit the required records upon .request or to make such records available may be Form 1273 -Revised 3.95 08-07.95 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 to be listed on the EPA g. The prospective primary participant further agrees by List of Violating Facilities. submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibil- 4. That the firm agrees to include or cause to be included the ity and Voluntary Exclusion-Lower Tier Covered Transac- requirements of paragraph ]through 4 of this Section X in every tion," provided by the department or agency entering into nonexempt subcontract, and further agrees to take such action as this covered transaction, without modification, in all lower the government may direct as a means of enforcing such re- tier covered transactions and in all solicitations for lower tier quirements. covered transactions. XI.' CERTIFICATION REGARDING DEBARMENT, h. A participant in a covered transaction may rely upon a SUSPENSION, INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov- EXCLUSION erect transaction that ~s not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless 1. Instructions for Certification -Primary Covered it knows that the certification is erroneous. A participant Transactions: may decide the method and frequency by which tt determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the (Applicable to all Federal-aid contracts - 49 CFR 29) "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is a. By signing and submitting this proposal, the prospec- compiled by the General Services Administration. tive primary participant is providmg the certification set out below.. i. Nothing contained in the foregoing shall be construed to .require establishment of a system of records in order to render b. The inability of a person to provide the certification set in good. faith. the certification required by this clause. The out below will not necessarily result in denial of partic- ,knowledge and information of participant is not required to ipation in this- covered transaction. The prospective par- exceed that which is normally possessed by a prudent person t~ctpant shall submit an explanation of why it cannot provide in the ordinary course of business dealings. the certification set out below. The .certification or explanation will be considered. in connection with the de- j, Except for transactions authorized under paragraph f of partrnent or agency's determination whether to enter into this these instructions, if a participant in a covered transaction transaction. However, failure. of the prospective primary knowingly enters into a lower tier covered transaction with a participant to furnish a certification or an explanation shall person who is suspended, debarred, ineligible, or voluntarily disqualify such a person from participation in this excluded from participation in this transaction, in addition to transaction. other remedies available to the Federal Government, the de- partment or agency may terminate this .transaction for cause or c. The certification in this clause is a material representa- default. tion of fact upon which reliance was placed when the depart- ment or agency determined to enter into this transaction. 1f it is later determined that the prospective primary participant knowingly rendered an erroneous certification, m addition to Certification Regarding Debarment, other remedies available to the Federal Government, the de- Suspension, Ineligibility and Voluntary partment or agency may terminate this transaction for cause of Exclusion-Primary Covered Transactions default. 1. The prospective primary participant certifies to the best d. The prospective primary participant shall. provide im- of .its knowledge and belief, that it and its principals: mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary a. Are not presently debarred, suspended, proposed for participant learns that its certification was erroneous when debarment, declared ineligible, or voluntarily excluded submitted or has became erroneous by reason of changed from covered transactions by any Federal department or .circumstances. agency; e. The terms "covered transaction," "debarred," "suspended," b. Have not within a 3-year period preceding this "ineligible," "lower tier covered transaction," "participant," proposal been convicted. of or had a civil judgment ren- "person," "primary covered transaction," "pr~ncapal," dered against them for commission of fraud or a criminal "proposal," and "voluntarily excluded," as used. in this clause, offense in connection with obtaining, attempting to obtain, have the meanings set out in the Definitions and Coverage or performing a public (Federal, State or local) transaction sections of rules implementing Executive Order t 2549. You or contract under a public transaction; violation of Federal may contact the department or agency to which this proposal or State antitrust statutes or commission of embezzlement, is submitted for assistance in obtaining a copy of those theft, forgery, bribery, falsification or destruction of ' regulations. records, making false statements, or receiving stolen property; f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction c. Are not presently indicted for or otherwise criminally . be entered into, it shall not knowingly enter into any lower or civilly charged by a governmental entity (Federal, State tier covered transaction with a person who is debarred, or local) with commission of any of the offenses enumerated suspended, declared ineligible, or voluntarily excluded from in paragraph lb of this certification; and participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Form 1273 --Revised 3-95 08.07-95 FR-11 Page 12-73 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B grant, loan, or cooperative agreement, the undersigned shall certification shall be subject to a civil penalty of not less than complete and submit Standard Form-LLL, "Disclosure Form to $10,000 and not more than $100,000 for each such failure. Report Lobbying," in accordance with its instructions. 3. The prospective participant also agrees by submitting his 2, This certification is a material representation of fact upon or her bid or proposal that he or she shall require that the lan- which reliance was placed when this transaction was made or guage of this certification be included in all lower tier subcon- entered into. Submission of this certification is a prerequisite tracts, which exceed $100,000 and that all such recipients shall far making or entering into this transaction imposed by 3l certify and disclose accordingly. U.S.C. 1352. Any person who fails to file the required FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of 177 Sacramento, CA: "Required Contract Provisions Federal-aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA 16.1 Goal. for Women CA Placer; CA Sacramento; (applies nationwide) ..............(percent) 6.9 CA Yolo. The following are goals for minority utilization: Non-SMSA Counties 14.3. CA Butte; CA Colusa; CALIFORNIA ECONOMIC AREA CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba. Goal {P~rcent} 178 Stockton-Modesto, CA: 174 Redding, CA: . SMSA Counties: Non-SMSA Counties 6.8 5170 Modesto, CA........................................... 12.3 CA Lassen; CA Modoc; CA Stanislaus. 8120 Stockton CA 24.3 CA Plumas; CA Shasta; , CA Siskiyou; CA Tehama. CA San Joaquin. . , . Non-SMSA Counties 19.8 175 Eureka, CA: CA Alpine; CA Amadar; CA Calaveras; CA Mariposa; Non-SMSA Counties 6.6 CA Merced; CA Tuolumne. CA Del- Norte; CA Humboldt; CA Trinity. 179 Fresno-Bakersfield, CA: 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: SMSA Counties: 0680 Bakersfield, CA 19.1 7120 Salinas-Seaside- CA .Kern. 2840 Fresno, CA 2 . Monterey, CA 28.9 CA Fresno. CA Monterey. Non-SMSA Counties 23.6 7360 San Francisco-Oakland, CA 25.6 CA Kings; CA Madera; CA Alameda; CA Contra Costa; CA Tulare. CA Morin; CA San Francisco; CA San Mateo. 180 Los Angeles, CA: 7400 San Jose, CA 19.6 CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA 14.9 0360 Anaheim-Santa Ana-Garden CA Santa Cruz. Grove, CA 11.9 7500 Santa Rosa, CA 9.1 CA Orange. CA Sonoma. 4480 Los Angeles-Long 8720 Vallejo-Fairfield- Napa, CA 17.1 Beach, CA........................................................ 28.3 CA Napa; CA Soiano CA Los Angeles. 6000 Oxnard-Simi Valley- , Non-SMSA Counties 23.2 Ventura, CA.................................................... 21.5 CA Lake; CA Mendocino; CA Ventura. CA San Benito. Form 1273 --Revised 3-95 Q8.07.95 FR-13 Page 12-75 February 1,1998 General Decision Number CA000032 Superseded General Decision No. CA990032 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County (ies) KERN BUILDING CONSTRUCTION PROJECTS• DREDGIN G PROJECTS (does. not include hopper dred a work)• HEAVY C g ONSTRUCTION PROJECTS (does not include oil well drilling or water well drilln HIGHW CONSTRUCT g}' AY ION PROJECTS Modification Number Publication Date 0 02/11/2.000 1 .04/14./2000 2 06/09/20.00 3 06/16/2000 4 06/30/2000 CA000032 - 1 06/30/2000 Attachment C - - r r r - r r r - - - - - - - r - - - - - ° - r - - - - - - - - - - - - - - - r r - - - - - - - - r - - - - r r - - - - - - - CARP0002B 0?/01/1999 ates Fringes R DIVERS: 454,08 per-day -6.33 Diver, Wet 227.04 per day 6.33 Diver, stand-by 219.04 per day 6.33 Diver tender r--------- r - r CARP0002Q 0?/01/1999 tes Fringes Ra DRYWALL INSTALLERS: Work on wood-framed apartment 6.33 • nder 4 stories 19.00 buildings u .?5 6.33 rk 25 All other wo 10.00 5.32 DRYWALL STOCKER/SCRAPPER _ -~...--~-w. r-r--~r-~ ~.-------~-r. r-ir-..---~--~~- P0002Z 0?/0~/1996 Fringes CAR Rates CARPENTERS: ar .enter, cabinet installer,. ~ P ller floor insulation insta 24..18 6.28 rand acoustical installer 6.28 worke 24.31 6.28 Shingles 17.02 Roof loader of shingles 6.2 g 24.26 Saw filer - _ 6.28 o erator 24-.28 Table :power saw P ter. 24.4.3 6.28 Pneumatic nailer or power stap 6.28 22.30 .Fence builder _ 25,25 6.28 Millwright Pile driver; Derrick barge, Bridge or dock carpenter; Cable splicer; Heavy framer; 24.88 6.28 Rockslinger 24.98 6.28 Head rockslinge.r 24,?8 6.28 Rock. barge or scow 19.00 6.28 Scaffold builder FOOTNOTE: ion of o en cut sewers or .storm ormin in the construct P used in Work off g, h horizontal lagging is ins on operations in whic ed in re-drilled dra el H_geam~ driven or plac P conjunction with ste trench against which concrete hat ortion of a lagged h work is holes, fort P titute for back forms twhlc ' oured, namely, as a subs is p 0,13 er hour additional. rmed b piledrivers. $ P perfo Y - - - - r - - - - r - - - - - - - - r - r r - - - r r r r r - r - r r r r r r r r - - - r r - - - - CARP0003H 07/01/1999 Rates Fringes 13.08 3.98 ODULAR FURNITURE INSTALLER M 0.6/30/2000 CA000032 - 3 Remainder of County: Electrician o 24..,. 5.80 +6.30 Cable Splicer 26.77 5.80 +6.30 ELEC1245A 06/01/1999 LINE CONSTRU Rates Fringes CTION AND OUTSIDE UTILITY TRANSMISSION WORK: Line worker; Cable splicer 30, o Powder. worker 39 4.5~ + 6.78 Ground er 28.87 4.5% + 6.54 p son 19.75 Equipment specialist o era 4.5~ + 6.50 ~ p tes crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line ,equipment) 25 Line worker .83 4.5~ + 5.50 welding 31.91 4.50 + 7..02 SCOPE OF WORK: All outside work on electric al transmassa.on lanes, swatch ards and substations, and outside work in elec y distribution s tracal u~alaty ystems owned, maintained and operated b electri utility companies, munici alities y cal P or governmental agencies. ELEV0008C 08/01/1999 E Rates Fringes LEVATOR:MECHANIC 40.955 6.935 .FOOTNOTE: Vacation Pay: 8a with.5 or more f months to 5 ears ~ Years o+ service, 6o far 6 y service. Paid Holidays: New Years Da , Memorial Day, Independence Da Labor y Frida after y' DaY~ Thanksgiving Day and Y and Christmas Day. ENGI0012C 07/01/1999 POWE Raves Fr- inges R EQUIPMENT OPERATORS: GROUP 1 26.55 GROUP 2 10.55 GROUP 27.33 10.55 3 27.62 1 GROUP 4 0.55 GROUP 28.51 10.55 5 28.73 10 GROUP 6 .55 GROUP 7 28.84 10.55 GROUP 8 28.96 10.55 29.13 10.55 GROUP 9 29.26 GROUP 10 10.55 29.34 10.55 CA000032 - 5 06/30/2000 concrete plant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary heating plant operator, trenching machine oiler As halt-rubber blend o erator, equipment greaser {rack}, GROUP 3 p p Ford Fer uson (with dragtype attachments), helicopter radio g { round), stationary pipe wrapping and cleaning machine operator g GROUP 4: As halt .plant fire person, backhoe operator mini-max • ~ P or mixer has halt or similar type}, boring machine operator, box P . or concrete), chip spreading machine operator, concrete cleaning decontamination machine operator; concrete pump operator (small ortable), drilling machine operator, small auger types tTexoma P su er economatic or similar types - Hughes 100 or 200 or similar P t es - drilling depth of 30' maximum), equipment greaser (grease YP truck), guard rail post driver operator, highline cableway si nal h dra-hammer-aero stomper, power concrete curing machine g y - riven ' umbo form operator, power concrete saw operator, power d ~ setter operator, power sweeper operator, roller operator 'n screed o erator has halt or concrete}, trenching (,compacts g) , P P machine operator Cup to 6 f t . ) GROUP 5: E i ment greaser (grease truck/multi-shift) ~P GROUP 6: As halt lant engineer, batch plant operator, bit P p sha ever, concrete joint machine operator tcanal and similar rp t e), concrete planer operator, deck engine operator, derrick • rator bucket or au er types (calf geld type) , .drilling machine ope 9 (Calweld 100 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 machine operator {includin water wells incidental to building, heavy or highway g erator (straw um construction), hydrographic seeder machine op p p or seed), Jackson track maintainer, or similar type, Kalamazoo ' or similar t e machine tool operator, Maginnis .switch tamper, yp , .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), road oil mixing machine operator, roller halt or finish) rubber-tired earth moving equipment operator (asp , (sin le engine, up to and including 25 yds. struck), self- g ro elled tar pipelining machine operator, skiploader operator p P (crawler and wheel type, over 3/4 yd. and up to and including 1- 1/2 ds.), slip form pump operator (power driven hydraulic • ~ ctor o erator - bulldozer, lifting device. for .concrete forms) , tra p tam er-scraper single engine, up to -100 h.p. flywheel and p similar t es, up to and including D-5 and similar,types),,tugger YP hoist operator (1 drum}, ultra high pressure water~et cutting tool system operator, vacuum blasting machine operator GROUP 7: As halt or concrete spreading operator (tamping or P finishing), asphalt paving machine operator (Barber Greene or similar type), asphalt-rubber distribution operator, backhoe operator (up to and including 3/4 yd.), small Ford, Case or similar cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor operator CA000032 - 7 06/30/2000 operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi-engine), pipe mobile machine operator, rubber-tired earth-moving equipment. operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber-tired self-loading scraper operator (paddle-wheel-auger type self-loading - two (2} or more units) GROUP 12: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote- . control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional), wheel excavator operator GROUP 14: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single. engine,. Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 54 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with•push-pull system (multiple engine - up to and including 25 yds. struck) GROUP 15: Rubber-tired earth-.moving equipment. operator,., operating equipment with push-,pull system (.single engine, over 50 yds. truck), 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, Eue~.id, 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 CA000032 - 9 06/30/2000 hoist operator; Polar gantry crane operator; Shovel, backhoe dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator 4 GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell. operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton ca acit p Y, Crawler transporter operator; Derrick barge operator {up to and including 25 ton capacity}; Hoist o erator, stiff le s Gu p g~ Y derrick or similar type {up to and including 25 ton capacity); Shovel,, backhoe, dragline, clamshell operator {over 7 cu. yds. mrc ) GROUP 9: Crane operator {over 25 tons and up to and includin g 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highlin~ cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator GROUP 10: Crane operator (over 50 tons and up to and includin g 100 tons mrc}; Derrick barge operator {over 50 tons up to and including 100 tons mrc); Hoist operator, stiff le s, Gu derrick g Y or similar type {over 50 tons up to and including 10'0 tons mrc), Mobile tower crane operator (over 50 tons, up to and includin g 100 tons M.R.C.}; Tower crane operator and tower gantry GROUP 11: Crane operator {over 100 tons and up to and includin g .200 tons mrc); Derrick barge operator (over 100 tons up to and including 2.00 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type {over 100 tons up to and includin 200 tons mrc)• L,. Mobi 1 g , e tower crane operator {over 100 tons up to and including 200 ,tons mrc} GROUP 12: Crane operator (.over 200 tons up to and includin 300 g tons mrc); Derrick barge operator {over 200 tons up to and including 300 tons mrc).; Hoist operator, stiff legs, Guy derrick or similar type {over 20O tons, up to .and includin 300 tons g mrc}; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) . GROUP 13: Crane operator {over 300 tons); Derrick barge operator (over 3.00 tons}; Helicopter pilot; .Hoist operator, stiff legs, Guy derrick or similar type (over 30O tons}; Mobile tower crane .operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment} GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson {u to and includin p g 10 tons ) CA000032 - 11 0/30/2000 GROUP 2 GROUP 3 18.58 9.49 GROUP 4 18'78 9.49. GROUP 5 19.83 9.49 20.03 9.49 TUNNEL LABORERS GROUP 1 2 GROUP 2 1.09 9.49 GROUP 3 21.21 9.49 GROUP 4 21.3 7 9.4 9 21.65 9.49 GUNITE LABORERS: GROUP 1 GROUP 2 20.89 11.43 GROUP 3 19.94 11.43 16.40 11.43 HOUSEMOVERS (ONLY WHERE HOU CON SEMOVING IS INCIDENTAL TO A STRUCTION CONTRACT: Housemover 15. Yard maintenan 50 8.38 ce 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 er .fore oin a ~ P hour above the g g ppllcable classification rates. Workers doing gunite and/or shotcr ' ete work In a tunnel shall receive 35 cents per hour above the for classification rates egoing applicable paid ~n ~a portal-to-portal basis . Any work performed on, in or above an storage elevator or ~ Y smo.~e stack, silo, similar type of structure, when such structure is in ..excess of 75' -0" above base ~ work. must be erf leve.~ and which p ormed in whole or in part more than 75'-0" above base .level, that work erformed ~ _ shall be co p abo,re the 75 0level mpensated for at 35 cents per hour above the applicable classification wa e ra g te. LABORER :CLASSIFICATIONS GROUP 1: Cleanin and handl' 9 ing of .panel forms; Concrete screeding for rough strike-.off; Concrete w ' Demolition laborer ~ ,ater curing; the cleaning of brick if erformed b a worker performin an other ~ •p y g Y, phase of demolition work, and. the cleaning of lumber; Flre watcher li ,s debris h ~ ,mber,.brush loader, pllerand andler, Flag person; Gas, oil and or wat ' laborer• ~ er pipeline Laborer, asphalt-.rubber material loader• general or constructio Laborer., n; Laborer., general clean-up; Laborer landscaping; Laborer, jettin Lahore ' lines• Materi g' r, temporary water and air al hose operator (walls, slabs, floors Plugging, f 1111n of shee and decks 7 ; g bolt holes; Dry packing of concrete• Railroad maintenance, repair track erso ~ ' Streetcar and r P n al.d road beds, allroad construction track laborers• Ri ' signaling; Scaler; Sli form rais gg?-ng and p er, Slurry seal crew (mixer CA000032 - 13 06/30 2000 the conveying of any substance or element whether w solid gas, air or o ~ ater, sewage, then product whatsoever and without re and to the nature of material from which the g tubular material is fabricated; No-joint pipe and stri in of same• ' manhole insta PP g Prefabricated ller; Sandblaster (nozzle person, water blastin Porta Shot-Blast• weldir. ~ g' g in connection with laborers' work GROUP 5: Blaster powder, all work of loadin holes ' blastin of a g ~ Placing and g 11 powder and explosives of whatever t e regardless of method used for ' such loading and placing; Driller: All power drills, excluding jackhammer whether ' core, diamond, wagon, track, multiple unit, and any and all other t es o mechanical drills witho f ut regard to the form of motive power; Toxic waste removal TEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull an mucker tra • Chan ehouse g g ~ ck person, g person; Concrete crew, including rodder and s reader• Dump person; Dump person (outside P ' 7, Swamper (brake person and switch person on tunnel work); Tunnel materials han ' dling person GROUP 2: Chucktender, cabletender• Loading and unloading agitator cars; Nipper; Pot tender, usin masti materials (for e g c or other xample, but not by way of limitation, shotcrete etc.}; Vibrator person, jack hammer, neumatic to ' driller) P ols (except GROUP 3: Blaster, driller, ooder erson• ' P p Chemical grout het person; Cherry picker-person; Grout `un ~erson• ers g P Grout mixer p on, Grout pump person; ~7ackleg miner; Jumbo erson• Kemper and other pneumatic co r P ncre ~e placer ope.~ ator, Miner, tunnel (hand or machine) ; Nozzle person • • Operating of troweling and/or grouting machines; Powder erson rimer ' P (p house ~ , .Primer person,. Sandblaster; Shotcret~ person; Steel form raiser and setter; Timber person, retimber erson woo P d or steel; Tunnel. Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and ra' ise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod erson p GROUP 2: Gun person GROUP 3: Rebound person - - - - - - ° - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r - - - - - LABO0220F O1/OI/1999 Rates Fringes PLASTERER TENDER: Edwards Air Force Base; Elk Hills CA000032 - 15 06/30/2000 PAIN0036C .07/01/1999 Rates Fringes PAINTERS {includes lead abatement): Work on service stations and and car washes; Small new commercial work {defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work ~def ined as light metal buildings, small warehouses, small storage facilities and tilt-up buildings); Repaint work {defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities) ; Tenant improvement work {defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement .projects 17.20 5.91 All other work 19.30 5.91 PAIN0036J 10/01/1999 Rates Fringes ' DRYWALL FINISHER: Work on wood frame structures 18.00 3.71 All other work 21.25 6.88 ~ ---s - ~-~----~--r ~ --.~------~r---------- PAIN0169B 07/01/1999 Rates Fringes GLAZIER 23.55 7.,97 FOOTNOTE: Welding in connection with glazing work: $1.00 per hour additional. CA000032 - 1? 06/30/`2000 additional. PLUM0355C 07/01/1999 Rates Fringes LANDSCAPE FITTER; UNDERGROUND UTILITY :WORKER 22.00 4.90 - - - - - - - - - ~ - - - - r - - - - - ~ - - - - - - - - - - - - - ~ - w - ~ - ~ - - - ~ - - - - - - - ~ - - - - - ~ ~ - - PLUM0460B 01/01/2000 _ Rates Fringes PLUMBER; STEAMFITTER; REFRIGERATION: Encompasses all the central valley: Bakersfield, Lamont, Arvin, Frazier Park, Taft, Shaf ter, Wasco, McFarland and Deleano 22.67 8.87 Encompasses Kernville, Tehachapi, Lake Isabella, Mohave, Monolith and Weldon 25.67 8.87 Encompasses the far eastern side of Kern County, which includes Edwards Air Force Base, Rosamond, Boron, China Lake Naval Weapons 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 .rate 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 built-up roof or .tear off: $2.00 per hour additional. SFCA0669G 04/01/1999 Rates Fringes SPRINKLER FITTER AFIRE) 27.35 6.40 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 CA000032 - 19 06/30/2000 GROUP 11 22.22 11.89 TRUCK DRIVER CLASSIFICATIONS . GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving hea e i ment ermit load• - ~ ~ p p Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle,; Dum truck less than P 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 ds.• Dum cr y p ete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and .tire person. ($0.50 additional for fire person} ; Pi eline and unlit workin truc p y g k driver, including winch truck and. plastic fusion, la.mited to pipeline and utility work.; .Slurry truck driver . GROUP 6: Transit mix truck, 3 ds. or lmore• Dum Crete Y p truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or mare axle; Oil spreader truck; Dum truck, 16 ds. to 25 ds. wa P Y y ter level GROUP..7: A Frame, Swedish crane. or similar• Forklift dr'v i er, Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 ds. water level• Truc y k repair person; Water pull - single engine; Welder. GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level• Water ul p l - single engine with attachment GROUP 11: Water pull - twin en ine; Water ull - twin en ' w. g ~ p gene ith attachments; Winch truck driver - .$1.2.5 additional when operating winch or similar special attachments --------------------.-w----------.~ WELDERS - Receive rate prescribed for craft performing o eration P to which welding is incidental. ~ ~ ~ Unlisted classifications needed for work. not includ ed 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}}, - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - o - - ~ - - - - - - - - - - - - - - In the listing above, the "SU" designation means that rates CA000032 - 21 06/30/2000. Board ~farmerly the Wage Appeals Board}. Write ta: Administrative Review Board U. 5. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.} All decisions by the Administrative Review Board are final. END of GENERAL DECISION , CA000032 - 23 06/30/2000 SECTION 7 -CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 RELATIONS WITH .RAILROAD COMPANY.. The City has been issued a permit for work within the Railroad -Right of Way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. The Contractor shall comply with all the provisions of said permit. The Contractor shall be responsible for payment to the Railroad for permit, inspection services and insurance required by the Railroad. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7.1.02 RELATIONS WITH THE STATE OF CALIFORNIA. The City has been issued a permit for work within the State Highway right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's .name. Any subcontractors which will do work within the State Highway right of way must be listed on the Contractor's permit or they .will be requires to obtain their own. permit. The Contractor shall comply with all the provisions of said permit. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.03 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special. provisions. The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-l.l'l,"Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The. exact location of underground facilities and, improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Qther forces may be engaged in moving or removing utility :facilities or other improvements or maintaining, services or utilities. The Contractor shall.cooperate with such forces andconduct 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 32b-3117 for the purpose of ascertaining. the locations and current operational .status of -all landscape irrigation wiring, mainlines, laterals and other.facilities. Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines 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. Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Due care shall be taken to minimize damage to .existing stamped concrete. .The Contractor shall be responsible for repairing damaged areas. Where pullboxes are installed within .stamped concrete areas Contractor shall insure a neat sawcut or in-kind replacement of stamped concrete area bounding the pullbox. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 19 delineation shall be the same color as the permanent delineation or markings. Any temporary markers that become detached before permanent striping or markings are applied shall be replaced immediately by the Contractor. 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. Temporary delineation shall then be replaced. Temporary delineation shall be placed in line with the. new or existing striping alignment or as directed by the Engineer. All delineation or markings shall be replaced in-kind by the Contractor. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor. 7.1.06 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 as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 7-1.07 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. Concrete removed shall be disposed. of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the-.Highway Right of Way", of the Standard Specifications. MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit. prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.08 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 those areas actually affected by the. planned construction as directed by the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.09 DUST CONTROL. Dust control shall conform to the .provisions in Sectionl0, "Dust Control", of the standard Specifications and these special provisions. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. b. Paved surfaces over which vehicular trafi•ic 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. 21 G. Pavement sections that buckle or heave 2 cm (314")or more must be saw cut and replaced in kind as required by City of Bakersfield Engineer. Concrete sidewalk sections, median islands, above ground utilities, pull boxes that buckle or heave must be saw cut and/or replaced in kind. Sidewalk and/or curb and gutter must be replaced to the nearest undamaged section. H. Traffic control for receiver operator shall be discussed at the pre job meeting if necessary. I. Contractor shall mark and provide to the inspector a set of plans containing the following information: 1. Location of entry and exit point. 2. Radius of curvature. 3. Depth of coverage at 10' intervals. 7-1.11A.1 DIRECTIONAL DRILLING PIT AND RECEIVING PIT SHALL BE: A. Located at least 3.05 m (10~ from edge of pavement on conventional highways in rural areas for perpendicular crossings. B. Located at least 1.52 m (S~behind concrete curb or AC dike on conventional highways in urban areas for perpendicular crossings or on concrete sidewalk for longitudinal installation. C. Located at least 1.52 m (5 ~ outside toe of slope in embankment areas. D. Directional boring and receiving pits deeper than five feet shall be in compliance with CAL-OSHA .requirements. Shoring and bracing for pits located within 4.51 m (15 Hof traffic lanes on the City-highway shall not extend more than 1.0 m (36"}above pavement grade unless otherwise authorized by the City's inspector. 7-1.11A.2 EXCAVATION AND BACKFILL: .Excavation and backfill not specifically covered by these provisions shall be governed by applicable provisions of Section 19 "Earthwork" of Caltrans Standard Specifications dated July 1995. Prior to placing successive structural layers, each layer shall be graded and compacted, and shall meet the grading tolerance specified by the appropriate provision of Caltrans .Standard Specifications, dated July 1995. No excavation shall be left open after working hours. At the end of each working day if any excavation that leaves a drop off of more than 0.15' in depth, within 12' of the edge of pavement shall be sloped at a maximum 4:1, backfilled or covered with a steel plate at the end of each work day. Steel plates shall be of sufficient thickness to suppdrt legal truck traffic. 71.11A3 DAMAGES: Any damages to private or public facilities shall be immediately reported to City of Bakersfield inspector and repaired or replaced to City of Bakersfield Standards or facility owner requirements, at the expense of the Contractor. The Contractor shall be responsible for locating and protecting all underground facilities that may be in the work. areas. Before any excavation, the Contractor shall call USA UNDERGROUND ALERT Ph:1-800.227.2600. 7-1.12 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. 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 parts per million (ppm} of a hindered amain ultraviolet light stabilizer. Ultraviolet stabilization additive for black polyethylene conduit shall consist of carbon black loading of 2.5%±0.5% by weight. 2. Conduit shall be manufactured from high density polyethylene resin designated as Type III, Category 5, Class C, Grade P34 material in accordance with ASTM D 1248. The material shall meet the requirements of ASTM D2447 and NEMA TC-2 23 every 28 112". The spacers shall provide a minimum of 5l8" separation between ducts. All spacers shall be of high impact thermoplastic "ABS" material. The spacers shall be 4"X4" and allow for the removal of one or more conduits from the multi-conduit system in the field. Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid for respective Traffic Signal Interconnect and no separate payment will be made therefor. 7-1.15 CONDUIT AND INNERDUCT SEALING PLUGS. Except as otherwise noted, all empty conduits and empty innerducts shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust and water into these conduits and their included innerducts. Sealing plugs shall be installed within each splice vault of pull box. Sealing plugs shall be removable and reusable. Plugs sealing innerducts shall be the split type. Sealing plugs that seal the innerducts shall seal each innerduct individually with appropriate sizes and configuration to accommodate empty ducts. Sealing plugs used to seal conduit and innerducts shall be capable of withstanding a pressure of 5 psi. A sealing plug that seals an empty conduit or innerduct shall have an eye or other type of capturing device (on the side of the plug that enters the conduit) to attach onto the pull rope, so the pull rope will be easily accessible when the plug is removed, Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid for respective Traffic Signal Interconnect and no separate payment will be made therefor. 7.1.16 CONDUIT INSTALLATION. Conduit shall conform to the provisions in Section ~$6-2.05, "Conduit", of the Standard Specifications and these special provisions. Conduits may be installed by either jacking/drilling or open trench methods except where shown on the plans. that boringljacking is required or as,determined by the Engineer. Installation using jacking or drilling shall conform to :Section 86-2.OSC, "Installation," of the Standard Specifications. Open trench installation in pavement shall conform to the following specifications: 1. Conduit shall be rigid non-metallic type. Conduit or Conduits. shall be placed under existing pavement in a trench not to exceed b inches in width for conduit. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The installed conduit shall have a cover of eighteen (18} to twenty-one (21 }inches below finish. grade. 2. The conduit shall be placed in the bottom of the trench and .the trench shall be backs lled with a two (2) sack slurry cement backfill. Contractor shall insure that multiple conduits are completely encased in slurry . cement .Slurry cement backi ill shall be placed to within 0.40 feet of the pavement surface. The top 0.40 feet shall be backfilled with Type B asphalt concrete produced from commercial. quality paving asphalt and aggregates. 3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications.. Spreading and compacting of asphalt concrete shall be performed per Standard Specifications to produce an asphalt concrete surface of uniform smoothness, texture, and density. 4. All excavated areas in the 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 b" in width shall be plated until permanent 25 The Contractor shall submit to the Engineer for approval all plans of boring/jacking operations prior to boring or jacking. Casing shall be installed for all additional allowance will be made therefor. Boringljacking operations shall be conducted in a safe and efficient manner, consistent with current accepted procedures. water boring shall not be permitted. The casing pipe shall be jacked with such precision that will allow the placement of the pipeline to the line and grade as indicated on the Plans. Upon completion of the installation of the casing and installation of the pipeline to grade, the void between the casing or RC pipe and the excavation shall be completely filled with sand, compacted by the use of air-blowing sand equipment or any other means acceptable to the Engineer upon his approval. Pipe laid within the jacking pit area, but not within the casing or structures, shall be cradled with concrete in accordance with the detail shown on the Plans. It is the Contractor's responsibility to maintain a safe operation at all times. Should the tunnel heading operations result in dangerous or unreasonable sloughing of each material which may jeopardize the safety of workers or the stability of the soil and roadway above, the Contractor shall furnish and install breastboardingand/or face closure with sufficient jacks to inhibit the sloughing and/or closing the work face. The Contractor, before resuming work, shall furnish the Engineer with a detailed plan of proceeding with the work, for his review and approval. Any and all expenses therefor will be considered as included in the bid price and no additional compensation will be made therefor. PAYMENT. The contract price paid per linear foot for BoredlJacked Pipe (6" Steel Casing) shall .include full compensation for furnishing and installing the steel casing, pipeline pipe, excavating, boringljacking, furnishing and placing backfill material, constructing jacking pits and backfilling all pits after the pipe is bored/jacked, and all incidentals necessary to boringljacking the pipe, complete in place, as specified. 7-1.21 12" STEEL CASING. Steel casing shall have a minimum wall thickness of 0.63 cm (114"). Casing shall be installed so as to prevent formation of waterways underground. It shall have even bearing throughout its length and shall slope toward one end. 'Seal utilities and steel casing. at abutments with concrete or mortar. The ends of space between the casing and the pipe shall. be sealed with grout. Contractor shall comply to all provisions set -forth in the permits issued by the State of California. PAYMENT. The contract price paid per linear foot for 12" Steel Casing shall include full compensation for furnishing and installing the steel casing, pipeline pipe, excavating,. furnishing. and placing backfill material and all incidentals necessary to install the casing, complete in place, as speciEed. 7-1.22 DETECTORS. Inductive loop detectors damaged during interconnect installation shall be replaced by the Contractor. Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. CONSTRUCTION MATERIALS: Loop detector lead-in cables shall conform to the provisions in Section 8b-S.OIA (4), "Construction Materials", of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: Loop wires in the pull box shall be twisted at a minimum rate of five (5) turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end with no possible path to earth ground. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5), "Installation Details", of the Standard Specifications and these special provisions. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. 27 ,~.--rTAiE OF CALIFORNIA • DEPAR ~ MENT OF ~ ~SPORTATION ~NCROA~HMENT PERMIT Permit Na. TR•0120 {NEW 5/92? 0698-NUT-1056 Dist/Co/RteIPM In compliance with (check one): OG-KER- 58-KP 85.92 (PM R53.39} X Your application of December 4, 1998 ae Utility Notice No. of June 1, 1999 Fee Pai Deposit Agreement No. of $ EXEMPTED $ 0.00 Pe ormance Bon Amount {1 j Payment Bon Amount (2J R/1N Contract No. of $ NIA - ~ $ N/A Bond Company Bond Number {1 ~ Bond Number {2) T0: City of Bakersfield 1541 Truxton Avenue Bakersfield, Ca. 93301 ATTN: Ryan Starbuck PHONE: (805)-326-3y95 ; PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: Dry bore approximately 154rn of 0.14m (4") PVC conduit and 0.30m 12" ~ • ( ) SLT Casing ~n the existing utility opening in the "H" Street OC. #KO-404 as shown on the attached and a roved .Ian. pp p . I. NOTICE PRIOR TO STARTING WORK: Permittee shall noti the D fy epartment's Representative, two (2) days in advance of the intent to begin work under this permit. Caltrans Permits Field Engineer RON VANCE (805)395-257fi Caltrans Electrical Supervisor CLIFF TERRY (805)395-2595 The following attachments are also included as part ofthis-permit. In addition to fee the ermittee ill ' (Check applicable): p w be billed actual costs for, X Yes _ No General Provisions Yes X N ' o Review _ Yes X No Utility Maintenance Provisions X Yes No Ins ection _ Yes X No Special Provisions p X Yes _ _ _ _ Field Work X Yes No A Cal-OSHA permit required prior to beginning work; r # If any excavation is deeper than 5'. (If any Caltrans effort expended _ Yes X No The information in the environmental documentation has been reviewed and considered ri r p o to approval of this permit.. This permit is void unless the work is completed before December 31 1999. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances hove been obtained. RSC(7), (7} APPROVED: cc: D0, RWV, STM (2), RIW Utilities Harold Herr (HQ Struc. Maint.) attach: T 11, TR-0163, Plans • Bart Bohn Director District 6 -Central Re ion BY: I Ray Chopra P.E., Permit Engineer Phone: (805) 8b2-5180 Kevin 1. Br 'ref P mit Bran Page 1 of 4 ~ ~ . STATE OF CALIFORNIA • DEPAR- NT OF TRANSPORTATION ENCROACHMENT PERMI~~ RIDER TR-0122 (REV. 5192) Collected By Permit No. (Original) 0698-NUT-1056 Rider Fee Paid DistlColRtelKP (PM) $ EXEMPT 061KER158185.92 R53.39 Date Rider Number Janua 3, 2000 0699-6RT-1123 V PERMIT EXPIRES T0: ~ ~ July 31.2000 City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93308 ATTN: Ryan Starbuck PHONE: (661) 326-3724 , PERMITTEE Incompliance with your request of December 28, 99 we are hereby amending the above numbered encroachment permit as follows. Date of completion extended to: July 31, 2000 (original Permit expired December 31,19991. NO FURTHER CHANGES Exce t as amended, all otherterms and rovisions of the on final ermit shall remain in effect. RSC (1} (0} APPROVED; Cc: D0, RwV, STM (2) Permit File # 0698-NUT-1056 BART BORN, Director, District 6 -Central Region Attach: Copy of Permit 0698-NUT-1056 gY; ~ E Ray Chopra P.E., Permit Engineer (661)862-5180 KEV SDI ,Chief, Distric -Permit Branch NAME: City of Bokersfield PERMIT 0698-NUT-1056 DATE: June 1,1999 . !i. AUTHORIZED CONTRACTORS: Your prime contractor will be issued an encroachment permit to do the work upon submittal of following items to the Office of Permits, Department of Transportation, 1352 West Olive Ave., P.O. Box 12616, Fresno, CA 93778, Ph; (559) 488-4058. 1. A Standard Enaoachment Permit Application. 2. Cer ' 'cate of Liability Insurance naming the State, its Officers & Employees as additional insured provided by a company authorized to transact business in the State of California. 3. Deposit of $350.00 for inspection by CALT'RANS Field Engineer. The deposit allows for 1 hour of review time and 4 hours of Caltrans inspection. If less hours are used, the Contractor will be refunded the difference. If more hours are required, the Contractor will be billed for the difference. Any Contractor or Sub Contractor not named in this permit or the Pertnittee's Approved Contractor's List, is required to apply for and obtain an encroachment permit prior to starting work in the State right-of-way. Ill. THE WORK INCLUDED IN THIS PERMIT WITHIN THE STATE RIGHT-Q.F-WAY SHALL BE ACCOMPLISHED IN .STRICT ACCORDANCE WITH THE ~ ATTACHEQ "DEP~RTM~NT ~F TRANSPORTATION ENCROACHMENT PERMIT GENERAL PRC3VI51t~NS TR•o045 ~R~V i0/98}'' IN GENERAL AND THE FOLLOWING IN PARTICULAR: CONSTRUCTION SIGNS: Permittee shall install and maintain construction zone signs whenever work is being performed within the State right-of-way. TRAFFIC CONTROL HOURS & LANE CLOSURE: Whenever there is work within six feet of a traffic .lane, the permittee shall close the lane by plating appropriate advance signs, flag trees, reflective cones and furnish all necessary safety devices including flagmen and flashing arrow boards, to properly protect and direct highway traffic. Atl work in this permit should be accomplished between the hours of 9:00 am and 3:00 pm on a regular work day from MONQAY-FRIDAY, or as otherwise authorized by the Caltrans Field Representative. NO WORK SHALL BE ACCOMPLISHED IN STATE RIGHT OF WAY DURING INCLEMENT WEATHER CONDITIONS. The full, width of the traveled way shall be opened, for use by public traffic on ~ Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fndays and the day preceding designated legal holidays, and when construction operations are not actively in progress. designated legal holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the day after, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a Designated legal holiday. Lane closures shall conform to the attached Department of Transportation Standard Plan No. T-11 "Traffic Control System for Lane Closure On MuitiLane Conventional Highways" and/or the applicable provisions in the "Manual of Traffic Controls for Construction & Maintenance Work Zones" dated July 1996. SURVEY MONUMENTS: In addition to the requirements of Department of Transportation Standard Spe ' 'cations July 1995, Section 7-1.11, "Preservation of Propexty" and Section 8771, Business and Professions Code, the penmittee shall physically inspect the work site and locate survey monuments prior to commencement of work. Monuments shall be referenced or reset in accordance with the requirements of the Business and Professions Code. Poge 2 of 4 . NAME: City of Bakersfield ' PERMIT X693-~1t✓r•i Deb DATE: June i, i ~~9 "If feasible, monuments should not be set within the traveled way. All monuments that must be set or perpetuated in paved surfaces, shall be constructed in accordance with Caltrans Standard Spe ' 'cations Section $1, "Monuments" & Standard Plan A74, Type D, or equal with prior approval of the District Surveys Engineer." "Copies of Corner Record filed or Record of Survey recorded in compliance with the Business & Professional Code shall be forwarded to the District Surveys Engineer." PIPES, CONDUITS & UNDERGROUND FACILITIES: Pipes, conduits and underground facilities within the State right-of-way sha11 be installed in accordance with the applicable portions of Caltrans Standard Spe ' 'cations, July 1995, and the attached sections UG1 through UG22, Caltrans Encroachment Permit Underground Utility Provisions, TR•0163 {revised 8198}. EXISTING PAVEMENT: Existing pavement edge shall be saw cut to achieve a smooth straight edge with no raveling or cracking. All edges of existing AC shall be cleaned and a Mcoat of asphaltic emulsion paint binder} shall be applied prior to placement of permanent paving. Other pavement joint methods shall be approved by the engineer. Existing pavement thickness sha11 be matched if greater than minimum. Excavated material may be used for backfill provided it meets the criteria spe ' 'ed in Section 19-3.06 of Caltrans Standard Spe ' 'cations, dated July 1998. SAWCUT: AC .pavement shall be sawcut to achieve a smooth, straight, square edge with no raveling or cracking unless another means is approved by Caltrans Engineer. EXCAVATION AND BACKFILL: Excavation and baclcfill not spe ' 'ally covered by these provisions shall be governed by applicable provisions of section 19 "Earthwork" of Caltrans Standard Spe ' 'cations dated July 1995. Prior to placing successive structural layers, each layer shall be graded and compacted, and shall meet the grading tolerance spe ' 'ed by the appropriate provision of Caltrans Standard Spe ' 'cations, dated July 1995. . Suffiaent water shall be mixed with backfill material to insure compliance with compaction requirements. At locations where an existing water supply is not available, a water truck with suffiaent capaaty shall be on the job and in use at all times that ~ backfill is being performed. Ponding .and or jetting of backfiIl is strictly prohibited. TRENCHING: Trenching may be performed by use of any commeraally constructed trenching equipment. Any trencher that causes undue damage to existing pavement or highway faalit?es during operations shall not be allowed to continue and shall be removed from the right of way. TAENCH COMPACTION; Compaction shall be in accordance with State Standard Spe ' 'cations, section 19-3.09, with a relative compaction of 95%, per test CAL 231 and. 216 part "B", to 2.5 feet below finished grade. Test results shall be supplied to Caltrans inspector before paving is started and/or as requested by Caltrans Inspector. MISCELLANEOUS: All cost incurred for work within State right of way pursuar~ to this Encroachment Permit shall be borne by the Permittee, and the Permittee hereby waives all claims for indem ' 'cation or contribution from the State for such work. Permission is granted to access the work areas from the State right-of-way. Equipment and vehicles may be parked within. the right-of-way, ~ however at no time shall the equipment be parked ~at any position near the traveled way which could cause a traffic or potential traffic problem. Equipment . and vehicles shall be placed as far from the edge of traveled way as possible. VYork shall be left in a clean, well groomed condition as directed by Caltrans Engineer or Inspector. Location markers are to be placed near the right-of-way as possible. Any work not covered by plan or conditions of this permit shall be completed in accordance with current Caltrans Standards as directed by Caltrans Field Representative. Poge 3 of 4 ► ~ NAME: City of Bokersfield ,,Vr PERMIT 0698•NUT-1056 DATE: June 1,1999 All Personnel working within the State Highway right-of-way shall wear the required orange vest, jacket or shirt. DAMAGES: Any damages to private or public facilities shall be immediately reported to Caltrans Representative and repaired or replaced to Caltrans Standards and/or the facility owner requirement, at the expense of the Permittee. The Permittee shall be responsible for locating and protecting all underground facilities that may be in work areas. Before any excavation the permittee shall call USA UNDERGROUND ALERT PHONE # 1-800-642-2444. CONDITIONS: Beginning work on this permit constitutes full agreement and acceptance of all conditions mentioned above. Poae 4 of 4 STATE OF CALIFORNIA, DLl'ARTi1tE1 F TRANSPORTATION Specifications fi ff is control systems. These General Provisions ENCROACIIIIENT 1'EK11IT GENERAL ...OV1SlONS are not intended ~,..,,~pose upon the permittee, by'third parries, any TR•0045 (iZEV. 10/9S) duty or standard of care, greater than or different from, ~c required by law. 1. ALtTIIORITY: The Depa~trnent's authority to issue encroachment permits is prowi~it~d under, Div. 1, Chpt. 3, An. 1, Sect. 660 to 734 of 15. AiINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall the Streets and Hi;~h~~~ays Code. plan and conduct work so as to create the least passible inconvenience to the traveling public; traffic shall not be Z. RE~'OCATIOI~': Encroachment permits are revocable on five days unreasonably delayed. On conventional highways, permittee shall notice unless otherwise stated on the permit and except a5 provided place properly attired flagger(s) to stop or warn the traveling public by law for public corporations, franchise holders, and utilities. These in compliance with the Manual of Traffic Controls and Instructions to General Pro~•icions and the Encroachment Permit Utility Provisions Flaggers Pamphlet. are subject to modification or abrogation at any time. Permittees' joint use agreements, franchise rights, reserved rights or an}• other 16. STORAGE OF EQUIP?11ENT AND AiATERIALS: Equipment and agreements for operating purposes in State highway right of way are material storage in State right of way shall comply with Standard exceptions to this revocation. Specifications, Standard Plans, and Special Provisions. Whenever the permittee places an obstacle within 3.63 m (12') feet of the traveled r. 3. DENI.~L FOR Ir0\PAYIIIE'~'T OF FEES: Failure to pay lsermit way, the permittee shall place temporary railing (Type K). fees when due can result in rejection of future applications and denial of permits. 17. CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility in 4. ASSIG1~~iEI~T: No party other than the permittee or permittee's compliance with the Standard Specifications, Standard Plans and/or authorized vent is allowed to work under this permit. as directed by the Department's representative. S. ACCEPTA,'~CE OF PRO~`ISIONS: Ponnittee understands and 18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee agrees to accept these General Provisions and all attachments to this is responsible for restoration and repair of State highway right of permit, for any work to be performed under this permit. way resulting from permitted work (State Streets and Highways Code, Sections 610 et. seq.). 6. BEGI:N;~il?~G OF tiVORK: ti'~'hen traffic is not impacted (see Number 3~), the permittee shall notify the Department's 19. RIGHT OF WAY CLEAN UP: Upon completion of work, representative. ttiwo (2) days before the intent to start permitted permittee shall remove and dispose of all scraps, brush, timber, «•ork. Permittee shall notify the Department's Representative if the materials, etc. off the right of way. The aesthetics of the highway work is to be interrupted for a period of five (5) days or more, unless shall be as it was before work started. otherwise agreod upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise 20. COST OF WQRK: Unless stated in the permit, or a separate .written specified m this permit. agreement, the permittee shall bear all costs incurred for work within the State right of way gnu waiti~es all claims for 7. STANDARDS OF CONSTRUCTION: All work performed within indemnification or contribution from the State. high~rav right of ~wav~ shall conform to recognized construction standards and current Department Standard Specifications, 21. ACTUAL COST BILLING: When specified in the permit, the Department Standard Plans High and Low Risk Facility Department will bill the permittee actual costs at the currently set Specifications, and Utility Special Provisions. Where reference is hourly rate for encroachment permits. made to "Contractor and Engineer," these are amended to be read as "Permittee and Department representative." Z? AS-BLtILT PLANS: When required, permittee shall submit one { 1 } set of as•built plans in compliance with Department's requirements. 8. PLAN CH.~.NGES: Changes to plans, specifications, and permit Plans shall be submitted within thirty (30) da}~s after completion and provisions are not allowed u~ithout prior approval from the State approval of work. representati~•e. As-Built plans or accompanying correspondence shall not include 9. L'VSPECTIO\ AIr'D APPROVAL: All work is subject to disclaimer statements of any kind. Such statements shall constitute monitoring and inspection. Upon completion of work, permittee shall non-compliance with these provisions. Failure to provide complete request a final inspection for acceptance and approval by the and signed As-Built plans shall be cause far bond or deposit retention :Department. The local agency permittee shall not give final by the Department. construction appro~•al to its contractor until final acceptance and approval by the Department is obtained. 23. PER'1IITS FOR RECORD PURPOSES ONLY :When work in the right of way is within an area under a Joint Use Agreement (JUA) or 10. PER'1IIT AT j~'QRhSITE: Permittee shall keep the permit a Consent to Common Use Agreement (CCUA), a fee exempt permit package or a copy thereof, at the work site and show it upon request is issued to the permittee for the purpose of providing. a notice and to an}• Department representative or law enforcement officer. If the record of work. The Permittee's prior rights shall be preserved permit package is not kept and made available at the work site, the without the intention of creating new or different rights or work shall be suspended. obligations. "Notice and Record Purposes Only" shall be stamped across the face of the permit. 11. CONFLICTING ENCROACHMENTS: Permittee shall yield start of ~vork to ongoing, prior authorized, work adjacent to or within the 24. :BONDING: The permittee shall file bond(s), in advance, in the limits of the project site. When existing encroachments conflict with amount set by the Department. Failure to maintain bond(s) in full new worl~, the permittee shall bear all cost for rearrangements, force and effect will result in the Department stopping of all work (e.g., relocation, alteration, removal, etc.). and revoking permit(s). Bands are not required of public corporations or pnvately owned utilities, unless permittee failed to 12. PER'1I1TS FR0~1 OTHER AGENCIES: This permit is invalidated comply with the provision and conditions under a prior permit. The if the permittee has not obtained all permits necessary and required surety company is responsible for any latent defects as provided in by law, from the Public Utilities Commission of the State of California Code of Civil Procedures, Section 337.15. Local agency California (PUC), California Occupational Safety and 'Health permittee shall comply with requirements established as follo~~~s: In Administration iCal•OSHA}, or any other public agency having recognition that project construction work done on State property will jurisdiction. nat be directly funded and paid by State, for the purpose of protecting stop notice claimants and rho interests of Stato relative to 13. PEDESTRI a\ AI1D BICYCLIST SAFETY: A safe minimum successful project completion, the local agenc}~ permittee agrees to passage~vay of I.?1 meter (4') shall be maintained through the work require the construction contractor furnish both a payment and area at existing pedestrian or bicycle facilities . At no time shall performance bond in the local agency's name with both bonds pedestrians he diwened onto a portion of the street used for vehicular complying with the requirements set forth in Soction 3.1.02 of State's traffic. At ln<:ttions where safe alternate passagowavs cannot be current Standard Specifications before performing any project pro~~ided, appropriate signs and barricades shall be installed at the cattistruction work. The local a=oncy permittee shall defend, limits of construction and in advance of the limits of construction at indemnify, and hold harmless the State, its officers and employees the nearest ~~rosswalk or intersection to detour pedestrians to from al! project construction related claims by contractors and all facilities across the street. stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any 14. PUBLIC TRAFFIC CONTROL: As required by law, the perniittee latent defects occurring as a resuh of the project construction work. shall pros•ide traffic control protection warning signs, lights, safety devices, etc., and take all other measures necessary for traveling 15. FUTURE MOVING OF INSTALLATIONS: Permittee understands public's safety. Day and night time lane closures shall comply with and agrees to rearrange a permitted installation upon request by the the Manuals• of Traffic Controls, Standard Plans, and Standard Department, for State construction, reconstruction, or maintenance v .w. ,w work on the higha~av. The pe:rmittre at his solo expense, unless under public accommodations (such as eating, sl~'eping, rest, recreation), a prior a_rcement. JUA, or a CCUA, sI~a1I comply with said request. and operation on, over, or under the space of the right of way. 4. That the permittee shall use the pre►nis~s in compliance-with all 26. ARCHAEOLOGICAUIIISTORICAL: if any archaeological or other requirements imposed pursuant to Titl~~ I5, Code of Federal historical resources are re~•ealed in the work vicinity, the purmitiee Regulations, Commerce and Foreign Trade, Subtitle A. Office of the shall i~t~mediately stop work. notify thu Department's representati~~e. Secretary of Commerce, Part 8 (I S C.F.R. Part 8} and as said retain a qualified archaeologist u•ho shall evaluate the site, and Regulations tnav be amended. make recommendations to the Departrnrnt representati~~e rcgardin~ B. That in the event of breach of any of the above the continuance of work. nondiscrimination covenants, the State shall have the right to terminate the permit and to re-enter and repossess said land and the 27. PREVAILING ti~'AGES: ti'l'ork performed by or under a permit land and the facilities thereon, and hold the same as if said permit may regorge pern~ittee's contractors and subcontractors to pay had never been made or issued. appropriate prevailing wages as set by the Department of Industrial Relations. inguirius or requests for interpretations relative to 31. 111AINTENANCE OF H1GIi`'VAYS: The pcrmittee a~rces, by enforcement of prevailing wage requirements are directed to State acceptance of a permit, to properly maintain any encroachment. This of California Department of Industrial Relations, 525 Golden Gate assurance requires the permittee to pro~~ide inspection and re air anv Avenue, San Francisco, California 9~I0?. damage. at prrmittee's expense, to State facilities resulting f om the encroachment. 28. RESPONSIBILITY FOR DA1ti1AGE: The State of California and all officers and employees thereof, including but not limited to the 32, SPECIAL EVENTS: In accordance with subdivision (a) of Streets Director of Transportation and the Deputy Director, shall not be and Highways Code Section 682.5, the Department of Transportation answerable or accountab}e in any manner for injury to or death of shall not be responsible for the conduct or operation of the permitted any person, including but not limited to the permittee, persons activity, and the applicant agrees to defend, indemnify, and hold t~mployed by the permittee, persons acting in behalf of the permittee, harmless the State and the city or county against an and all cl o y alms or or damage to property from any cause. The permittee shall be arising out of any activity for which the permit is issued. responsible for any liability imposed bylaw and for injuries to or death of any person, including but not limited to the permittee, Permittee understands and agrees that it will comply with the persons employed by the permtttee, persons acting in behalf of the obligations of Titles lI and Ili of the Americans with Disabilities Act permiittee, or for damage to property arising out of work, or other of 1990 in the conduct of the event, and further agrees to indemnif activity permitted and done b}' the permittee under a permit, or and save harmless the State of California, all officers and employees arising out of the failure on the permittee s part to perform his ~ thereof, including but not limited to the Director of Trans ortation. obligations under any permit in respect to maintenance or any other from any claims or liability arising out of or by virtue of said Act. obligations, or resulting from defects or obstructions, or from anv cause whatsoe~~er during the progress of the work, or other activity 33. PR1~'ATE CTSE OF RIGHT OF WAY: Hiehwa right of wa shall or at anv subsequent time, work or other activity is bein: performed not be used for private purposes without compensation to the State. under the obligations provided by and contemplated by the permit. The gifting of public property use and therefore ublic funds is prohibited under the California Constitution, Article 1 b The pcrmittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, 34. FIELD ~fi-ORK REIA•IBUR.SEMENT: Permittee shall reimburse including but not limited to the Director of Transportation and the State for field work performed on permittee's behalf. to correct or Deputy Director ,from all claims, suits or actions of every name, remedy hazards or damaged facilities, or clear debris .not attended to kind and. description brought for or on account of injuries to or death by the permittee. of anv person, including but not limited to the permittee, persons emFloti°ed by the permittee, persons acting in behalf of the permittee 3S. NOTIFICATION OF DEPARTMENT AND Ti11C: The errnittee and the publzc. or damage to property resulting from the shall notify the Department's representative and thep Traffic performance of work or other activity under the permit, or arising Management Center (TMC) at least 7 days before initiating a lane out of the failure on the permittee s part to perform his obligations closure or conducting an activity that may cause a traffic impact. A under any permit in respect to maintenance or any other obligations, confirmation notification should occur 3 days before closure or other or resulting .from defects or obstructions, or from an cause p ,,ency situations when the whatsoever during the progress of the work, or other activity or at corrective wrork or the emer enc emerQ g y itself may affect traffic, TMC and anv subsequent time, work or other actiti•ity is being performed under the Department's representattve shall be notified as soon as possible. the obligations provided by and contemplated by the permit, except as otherwise provided by statute. ~ 36. .SUSPENSION OF TRAFFIC CONTROL OPERATION: The permittee,. upon notification by the Department's representative, shall The duty of the permittee to indemnify and save harmless includes immediately suspend all lane closure operations and any o erasion the Buttes to defend as set forth in Section 2778 of the Civil Code. that impedes the flow of traffic. All costs associated wtth this The permittee waives any and all rights to any type of expressed ~ or suspension shall be borne by the permittee. impl,ed indemnity against the State, its officers, employees, and State contractors. It is the intent of the parties that the permittee will indemnify and hold harmless the State, its officers, employees, and 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATIOiV': State's contractors, from any and ail claims, suits or actions as set An excavation re uires ~ com liance with the forth above rep y q p prop isions of ~ardless of the existence or degree of fault or Government Code Section 4?l6 et, seq., including ,but not limited to negligence, whether active or passive, primary or secondary, on the notice to a regional notification center, such as Underground Service part of the State, the permtttee, persons employed by the permittee, Alert (USA}. The permittee shall provide notification at least 48 or acting on behalf of the permittee. .hours before performing any ,excavation work within the ri~Tht of way. For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract Eo the State of Caiifomia perfo~~ining work within the limits of this permit. 2'1. NO PRECEDEI~'T ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. 34. FEDERAL CIVIL RIGHTS REQUIREIv1ENTS FOR PUBLIC A CC0~1~111•tODATIO;~': A. The permittee, for himself, his personal representative, successors in interest, and assigns as part of the consideration hereof, does hereby co~~enant and agree that: I. Nu person on the grounds of race, color, or national origin shall be excluded from participation in, be denitd thu benefrts of, or br oth~r<vise subj«•ted to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first-tier subcontractors in the selection of second-tirr subcomractors. 3. That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for State of California ~.~4 . J Business, Transport; i and Housing Agency Memorandum To: RAY CHOPRA Date: December 16,1998 Permit Engineer 06 File: 413.3 Per. No. 0698-NUT-1056 06-KER-5$-53.39 Br. No. 50-0404 So. H St. 0, C. From: DEPARTMENT OF TRANSPORTATION OFFICE OF STRUCTURES MAINTENANCE AND INVESTIGATIONS ENCROACHMENT SECTION subject: Signal interconnectfor City of Bakersfield The proposed plan indicates by note there is an existing utility duct in the b-ridge deck. The "As Built" plans show the utility opening not in the deck but in the cell underneath. This note shouldbe corrected to avoid confusion for any of the prospective bidders on this project. The proposa! does not have sufficient details at the abutments. Please give the applicant copies of the attached abutment plan and communication line installation details. The applicant's proposal should be consistent with the requirements shown inthese details. . The applicant's attention is directed to type of abutment for this bridge. This type of abutment allows bridges to move independently of the adjacent ground. The attached details require the potential for independent movement to be accommodated by a 4 inch void around the conduit through the end diaphragm at the abutment. However, the South H Street Over Crossing has no backwall to prevent the earth in the approach area from flowing through the opening. Therefore, a detail showing capability of independent move- ment and prevention of earth flowing through.the opening must be provided. The required 4 inch void around the conduit can be provided by placing the conduit in a steel casing 8 inches aarger than the conduit. The casing wouldextend from the back face of the end diaphragm to 10 feet away from the abutment. 15.feet if~the +conduit is metal. The casing would have to be sealed to prevent entry of earth. The applicant is free to submitfor approval an alternative detail for accommodating potential seismic movement at the abutments. Total review time for this submittal is 4 hours. If you have any questions please feel free to contact me at area code 916-227-8277 or Calnet 8-498-8277. . . ; l ~ / HAROLD HERR, Section Chief c: Correspondence Book .Y • N DETAILS E INSTALLATIO . CQNiMIJNICATION LIN , , Joints are placed at each .hinge, ~ Ez~s~ng structures require 4 inch abument, and expansion joint and minimum clearance around conduit 150 ft.maximum intervals. equally spaced at CJTILTI'Y ~PENfNG Conduit shall be schedule 40 PVC (see note 1) or schedule 80 PVC or scheldule 40 steel ~ ~ . . . STEEL SHEAR PLATE 1/2" • ~ • . ' width=width of o erring 2") ~--Support (See notes 2 &3} ( P . b utility company Expansion anchorage device: Y . ~ 3/4"0 stud, hex nut and flat .washer, 8"spacing. Min. embedment 3.112" • equal by utility company INSTALLATION I BOX GIRDER BRIDGE Pipe hanger . , . , I 0 ft max. spacing . • r INSTALLATION IN OPEN GIRDER BRIDGE For details, dimensions, and notes not shown, see box girder detail Notes: ' ities at abutments with concrete or mortar, after tightly 1. Seal util V wra in utilii with 2 layers of 15# building paper. If structure PP g y r stressin is com leted. is pretressed, seal to be placed afte g P 2. Conduits shall be supported on cradles fabricated from concrete or er materials ma b~ used for cradles as approved by Caltrans. steel. 0th y firml anchored Timber su orts shall not be used. Supports shall be y PP to the structure. hall fit loosel around conduits to allow for thermal ~ 3. Supports s y , movement. Ten feet maximum spacing. ' en schedule 40 steel conduit is used. 4, Shear plate not required wh PB _ _ ~ - - - _ ~ ..t._.. I ,I I I I , 101 I ~ ~ I I I '~1~ I I I i I ~ - I 16 I --...i 10' W I I ❑ 4 I ;i~c'I' I I I I o I ~ , I I ~ ~ ~ ~ I I I iii ,r ~ ❑ I r~ r I 1 17 ~ ~ i~ II ~ I i 111 - 8 II ~ !ll I J11 I I I I I I NE & SE CORNER QETAIL NE & SE CORNER DETAIL LOUSTALOT WAY & H STREET RICHLANQ STREET & H STREET ;ti ~1f 4' yi .-t ti. ~ _ .~..........~_.-._~ff.- ~ •.~"LP7rF'K7 ~'~W~Y~a _ . _ _ ~ `~''~'Q'Q`~'~^ ~~.Tf.PL 'tit tr !'i'LrN"t.~1.7 ~ w~t+a' _ j, _ _ _ -ll. _ r~'.~ie tip si~.rws`if 7' 7il~.f'L/Z+=~/~~+~ ~r ~'ft'IM fir ~a~7f ! Ira 1 V I 4 ' i I aEaN eRIQGE ENO BRIDGE ~ I I ' I I STRUCTURE DECK I - - I I -s--~' ~~-I- ~ - - - - - - -VLF - - - = _ - - - - - I r ' ' ,D~~...--- I ~ ~ ~r I I ~ ~ ~_.L ~ I ICI if ~ I , ' ~ II ~ j , I -.I~~ kk! { NOTES: ~7 REMOVED 9DEwALK SHAH 8E REPLACED TO THE NEAREST WEAKENED PLANE OR EXPANSION JOM~T BEYOND THE Q INSTALL PULL BOX (NO. 6) WITH EXTENSION. OAWACEO NtEA. Q INSTAU. AND. CONNECT INTERCONNECT CONDUIT AND CABLES Q CONTRACTOR 1MLL FURNISH ANO INSTALL f~t00EM THROUGH SLOE OF CONTROLLER CABINET USING EXTERNAL (GENERAL DEVICES t NVSTRUMENT'S, I~QDEL 404 IN ALL CONTROLLER CABINETS, ) 't.8~ CONNECTOR, O INST1 q~~ 0 If CONTRACTOR REMOVES EXISIINC HANDICAP RAMP DURING TO 1 ''r~' ~ CONNECT INTERCONNECT CABLES TO TERMINAL BLOCK iB-1 ON CONSTRUCTION OPERATIONS, THE RAllp SHALL BE REPLACED SLOE PANEL NO. 4 OF THE CONTROLLER CABINET AT EACH ENO W4TH A NEw RAMP MEETING CURRENT ADA SPEpFlCAT10NS. OF RUN PER INTERCONNECt DETAIL TER~tINAI BLOCKS MOT ~ CONDUIT AND PULLBOXES SHALL BE INSTALLED UO EXISTING MI OLDER J3I CABINETS SHALL BE SUPPLIED BY THE qTY. AS SHOWN ON THE PLANS. CONt 1U ~ MAXIMUM LENGTH OF CONDUIT BETWEEN PULL BOXES 1, INTERCEPT EXISTING BLANK CONDUIT AND CONNECT NEw SHALL NOT EXCEED 400 FEET CONDUIT TO EXISTING CONDUIT. ~ t~NC .w." FABA D CDNDUIr SHALL BE BROUGHT INTO PWLL 9axES ~ INSTALL EXISnNC CONDUIT INTO NE!C Pl1lL8OX, r~ArE w' pARALLEI TO THE EXISTING SURFACE (HORIZONTAL), ~ INSTALL NEW CONDUIT INTO EXISTING PULIBQX, ~jpP SUPP •k' © THE TOTAL ANGULAR KENO OF CONDUIT BETWEEN PULLBOXES SHALL NOT EXCEED 100 DECREES. Q All 4" CONDUIT SHALL BE MUL11-DUCT, 3,04! REMOVE EXISTING PUILBOX AND INSTALL NEw PULLBOX. Q ,I0gV1 ,6 INSTALL CONDUIT IN UNUSEQ UTIUTY TUNNEL IN BRIDGE STRUCTURAL CEU, AND UTILITY TUNNEL IS LOCATED Z6'6" RIGHT OF CENTERLINE H STREET, 45.r _ CONDUCTOR SCHEDULE woRK ACTUALLY DONE IN STREET TO BE DONE AT NIGHT. THIS RUN, AND t>*II.Y THIS RUN. IS EXEMPTED FROM THE T 4" 4' 4' 4" 4" 4" 4' 4" REQUIREMENT THAT CONDUIT RUNS NOT EXCEED 400 FEET TOR RUN BETWEEN PULL BOXES, (SEE ENLARGED DETNL) ~ AWC 6 PAIR T Z , 1 1 , 1 , , Q INSTALL PUII BOX (N0. 5} WITH EXTENSION. T N N N N N N N N N E EXISTMIG)~ N/E NEw 1e EXIST1NC) C1 T Y CF BAKERSFIELD C~4L/FOI~N/A w~~s tam ' r~-- .'Y l f• rti .f:: 1' rr' >.ji Y•n Y.: 0~ ~ I~,~ S t rV • ! ~h! i ~ ~ fir. i~ ~J is ff I 61 .fY 1 ,J L r 'x`^ i 1 r ' ~ r '1 if . T ••r ~ -f ,tax ` ` ' l 1 ~ a ' i .,~o f ! 4 ` } ~ f ~ r a ~ ~ _ _ , 4 ~1 t ~ i of 1 ~ ~ ' R ' (ti' V ~ ~w r.1 w. , ~i \ r •w •n •r ~ ww ~ Ir~.~ f 1 • w• r v r \ r N ~w~- ~ '1~dG .1V4 •R ~Y~. W,~ I )V~L ' • 1r•a ~ ` ~ _ r ..'J' y • • I• ~ _ c.., -2 y. t: t ~ , •.•..r..r+ ~ D a of •t x ~t~~~'i'c•'t' nS!{~ ....r y ~ ~i+l ~i~ ~ ~ ,.:x '~a t { i+~ .r1 r ~ W •K i ~i ~ C•.i. ` ~ L w.: Ki ~ t~'`sf G ~~'~~F I>~~~ +w~ s. its a r.u sr ~ ~ ait.~~ ~L~GGfi~~ ~l ~N; f l _.s h~ ~ t ~ _ ~ w ~ ~ ~ ~ i' ~ r~t~~=fir 1Y1~~; ~ ~ ~ ~ ~i 4 y <A ~t~1~' a CEO { , i~i l~J.~'~l~ ~ ~ -l ~ ~ ~ ~ aen ~ r,,,. ti' / y ko~~ ;rA r ►~rk Ldr. • ~ JJJ 1 1 ,;a r~~crfi~~,v.rl 1 ~J t~l~ x{ - -~r~ . ~1~ ~ ~lbtrfn,~rrr $ e~c~'~Of rVt ~ry1 ►,y ~ ~ •Q fC~J ~ fJr ~lUc.~'tw'/ht~ ►YN~,r ~ ~ET.~s~ Y n_ ~ t'~ 4., T.; y r..~ ~ • F ,~"'S r .'Ir►r~ym; ~11(;ttt'r t11[ Qltt; Cor{trrct ~lo._~r..~ry r.,....« Do~~~mert No._c~~~~,~ ,r.___. .ry.:;• • .C :,r~~ :.r; a~+ yi`+.1~^ Yr'.~I;~CSl14:r"`''» r ~x r- w~. •s,•..• s .~-t r .~;TW!'...~..,•. ~V~n• ..t ~1;!%. .7.~ r : , i:i•yys:.,r.+R~~~~ a. •.il~l.+ftn. _t:-•S4t~"~.+..r lti•n •u, Q~~~~.t,~,,, ::w+. ••1 ii''•i :r UNION PACIFIC RAILROAD COMPANY Real Estate Department R. D. Uhrich Assistant Vice President J. 1. Hawkins J. A. Anthony Director-Operations Support Director-Contracts M. E. Heenan . D. D. Brown Director-Administration & Budgets Director-Real Estate D. H, Lightwine M. W. Casey Director-Real Estate General Director-S ecial Pro ernes T. K. Love p p 1800 Farnam Street Director-Real Estate J. P. Gade Omaha, Nebraska 68102 Director-Facility Management Fax (402) 997.3601 February 17, 2000 Folder No: 971-94 To the Contractor: Before the Railroad Company can permit you to perform work on its right of wa for the Y installation of a wireline crossing for CITY OF BAKERSFIELD, it will be necessa to com lete the rY P enclosed Contractor's Right of Entry Agreement as follows: 1. Fill in the complete legal name of the contractor in the space provided on Pa e 1 of the g Contractor's Right. of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all ,partners. 2. Fill in the date construction will begin and be completed in Article VI, Paragraph A. 3 . -Fill in the name of the contractor in the space provided in the si nature block at the end of the g Contractor's Right of Entry Agreement. If the contractor is a corporation, the person si nin g g on its behalf must. be an elected corporate officer. 4. Return all copies of the Contractor's Right of Ent. A reement, to ether with our Certif rY g g y icate of Insurance, identifying Folder No. 971-94, as required in Exhibit B-1, in the attached self ..addressed envelope. 5. Check, with Folder No. 971-94 written on the front, made a able to ..the Union Pacific PY Railroad Company in the amount of FIVE HUNDRED DOLLARS ($500.00). If ou re uire Y q formal. billing, you may consider this letter as a .formal bill. In compliance with the ,Internal . Revenue Service's new policy .regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific .i Railroad Company is doing business as a corporation. After approval of the Contractor's Right of Ent A reement and the Insurance Ce i rY g rt ficate, your fully-executed document will be returned to you, with instructions to proceed. In no event should you begin work until you have received a copy of the signed Contractor's Ri ht of Ent A reement. g rY g If you have any questions, please contact me at (402) 997-3553. Yours truly, Mary Hauschild Manager Contracts ,r PL X&E ROE 940201 Form Approved, AVP-Law Folder No: 971-94 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT L THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware co oration, « ~ (hereinafter the Railroad) and ~ a corporation/partnership, whose address is (hereinafter the "Contractor"). RECITALS: The Contractor has been employed by CITY OF BAKERSFIELD for the purpose of constructing (hereinafter "work"} only a underground 24 volt traffic si al wireline crossin on ~ g and across property of the Railroad at or near Mile Post 318.58, San Joaquin Valley Shortline Railroad, near Bakersfield, Kern County, California. The Contractor has requested the Railroad to ermit it to erform the work and Railroad p p is agreeable thereto, subj ect to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and .between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, a ents and em 1o ees and others g p Y acting under its or their authority. Article II. RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals hereof and as shown on the attached print dated February 1 d, 2000, marked Exhibit "A", for the ose of p~ .performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article V. Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1. The terms and conditions contained in Exhibits B and B-l, hereto attached, are hereb Y made a part of this Agreement. Article IV. ADMINISTRATIVE FEE. Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS $500.00 as . ( } reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. The Contractor shall bear any and all costs and expenses associated with an work Y performed by the Contractor, or any costs or expenses incurred by the Railroad relatin to this g Agreement. All work performed by Contractor on Railroad's property shall be erformed in a . p manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the "Railroad Re resentative" . p } Article VI. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on and continue until ,unless sooner terminated as herein rovided or at p such time as Contractor has completed its work on Railroad's roe whichever is earlier. P p ~Y~ Contractor agrees to notify the Railroad Representative in writing when it has com leted its work . p on Railroad property. B. This Agreement may be terminated by either art on ten 10 da s' written notice p Y ~ ) Y to the other party. Article VII. CERTIFICATE OF INSURANCE. A. Before commencing any work, the Contractor will provide the Railroad with a Certificate, identifying Folder No. 971-94, issued by its insurance carrier providing the insurance << coverage required pursuant to Exhibit B-1 of this Agreement in a policy which contains the following type of endorsement. UNION PACIFIC RAILROAD COMPANY is named as additional insured with respect to all liabilities arising out of Insureds, as Contractor, performance of any work on the property of the Railroad. B. Contractor warrants that this A eement has been thorn ughly reviewed by its insurance agent(s)/broker(s) and that said a ent s/brokers has been ins g tructed to procure insurance coverage and an endorsement as required herein. C. All insurance correspondence shall be directed to; Folder No. 971-94 ' , ,Union Pacific Railroad Company, Real Estate Department,1800 Farnam Street Omaha Nebrask a 68102. Article VIII. CHOICE OF FORUM. Litigation arising out of or connected with this A ' greement may be instituted and maintained in the courts of the States of Nebraska and California onl and the arti . y, p es consent to ~unsdiction over their person and over the subject matter of an such liti ation in thos Y g e courts,. and consent to service of process issued by such courts. IN WITNESS WHEREOF, the parties hereto have executed this A eement in du licate p as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By Manager Contracts WITNESS (Contractor Name) X By Title FORM OR- 0404- F PLAC" ARROW I N01 CAT I NG NORTH REV, 5- i 5- 98 DIRECTION RELATIVE TO CROSSING Q~ ~v•~` UN~~ G ®~1 ~ ~ NIA I~~~~N~ ~ ~®~~~N~ ~v ~w ~ ~ ~ / . ~ I T NO SCALE NOTE. ALL AVa I LABL~ D I MENS I CNS M~1S ~ EE ~ FILCHnED IN TO PROCESS THIS ap~LICaTIOn~. ~ AR' S A/.v J v Q Ilv1 FT 3od't • FT. ~~c ~ I~QZ FT. ~ ~ FT, . v ~ ~ ~ (SEE NOTE 4 9 6) z (SEE NOTE 4 8 6 ~ ~ o a $__QFT, . TO oP1y.11LWv~ a W ~ Ld= 4q ° ZJ~ Z, Z" o ~ kF~.N ( NEAREST R. R. TOWN1 0? ~ ~ ~ MA IN TRACK (ANGiE OF CROSSING) ~ w TO ~S.3NCT1'~~ i i ~ ~ ~ ~ Z - 1 NEAREST R. R. TOWN! c I ~ i ~ ~ i ~~~v~, (OES~CRIBE F 1XE0 OBJECT ~G ¢ ~ ~ ~ ~u~ 1 ~E~ ~ ~ ~v ( CR1BE FlXEO OBJECT) ~ (SEE NOTE 6) (SEE NOTE 6) ti ~•r v 1 ~ ~ ~ FT. ~ FT. 'cam ~ ~ t~ (03 STANCE ALONG TRA Ir F ~ ` h ~ C ROM SECTION LINE CROSSING) ~ ` ~ (NOTE: tHtS DIMENSION REOUTAEO !N ALL CASES. ~ AT LOCATIONS NOT USING SECTIONS, DISTANCE RP'S R/W~ ~ TO A LEGAL SURVEY LINE 15 REOUiREO) ~ ~ ' ~~O FT. ~FT• SOFT. ~s ~ ' I GROUND MIN. DIST , , (SEE NOTE 2~- ` { I SURFACE I ~ SUBGRADE ' ROA08ED ~ ~ ~ FT, ~ (4.5 FT M1N.1 I ' i FT, (5 FT, MIN, FOR FIBER OPTICS) ~ ~ FT. ~ (3 FT. ~IIN,) (3 FT. MIN,) i WIRELINE (5 FT. MIN, FOR F18ER OPT1C51 I (5 FT. MIN. FOR FIBER OPTICS) ~ J~ CAS NG P P ~ NOT , ~ ' O FT. 1~Q F T. ,~j FT, FORMULA TO FIGURE CASING (SEE NOTE 2) LENGTH WITH ANGLE OF FT, CROSSING OTHER THAN 90~ NOTES : (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) 1} ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM ~ OF TRACK, EXCEPT AS NOTED. ~ °+s~ 2) CASING MUST EXTEND A MI N l MUM OF 30' OUT FROM ~ OF TRACK, MEASURED AT RIGHT ANGLES, 5 l N ~ 6 yc~ 3) CASING MATER1Al.: STEEL, RIGID METALLIC CONDUIT (NO PVC1. MIN, DIST, Fyn 4} MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, ~ OF ANY CULVERT, OR FROM ANY SWITCHLNG AREA. Lp 1y I NOTE 21 5} SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTAI.IATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. TRACK 6) ALLOWABLE FIXED OBJECTS INCLUDE: BACKwALLS OF BRIDGES; ~ OF ROAD CROSSINGS @ OVERHEAD VIADUCTS (GIVE ROAD NAME}, OR ~ OF CULVERTS. 71 CASING aN0 CARRIER P[PE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. A) I S WI REL I NE CROSSING W i TH I N DEDICATED STREET?...,~YES;._.__NO' ~X~~~~~ ~9~~9 B) I F YES, NAME OF STREET t'~~ LAh1~ ~ tFpR RAILROAD USE ONIr - pa NDT WRITE !N TH15 BOZt C! TYPE wIREIINE CROSSING: TELEPHONE;__.___TELEVISION;_____ FIBER OPTIC; UNION PACIFIC RAILROAD CO. OTHER; ~ t°t ~WC~ La~J ~ot~a~~ tt nA~r2. ~L 5~~,►Je.L. D) VOL. TAGS TO 8E CARR I EO UNDER TRACK 2~J N0. w ~ L OF WIRES E) CASING TYPE TO BE INSTALLED ~S1"~~C. P,P~ l SUBOIVISIONI F I METHOD OF INSTALLING CASING PIPE UNDER TRACKf ) : M° P. - E. S. ~ S ~ DRY BORE AND JACK t WET BORE NOT PERMITTED)' UNDERGROUND WIRELINE CROSSING TUNNEL; OTHER G) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF 80RING AND C~ JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK tNEAREST RR S14TfONl tCOUNTr1 ISTATE~ ~ 30' MIN. ► FOR o r ~ H) DISTANCE TO NEAREST ROAD CROSSING WITH SIGNAL LIGHTS OR GATES IAPPLfCANiI c IF LESS THAN ONE MILE)- ~ RR FILE N0. / Z00~0 I) APPL l CANT HAS CONTACTED I- 800- 336- 9 l 93, DAT E U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER w A___ R N_! N G OPTIC CABLE DOES;_____ DOES NDT;_.___ EX I ST I N V I C I NTY OF IN ALL OCCASIONS, u. P. COMMUNJCATIONS WORK TO BE PERFORMED. TICKET N0. QEPARTUENT MUST BE CONTACTED IN ADVANCE OF ANr WORK TO DETERMINE EXISTENCE AND LOCATION OF F133ER OPTIC CABLE. PHONE : I- 800- 336- 9 193 UI~•S X 8t E ROE 990701 Faro App~o~~ed, AvP-Liw . EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COIv~v1ErTCE[vIENT OF WORK • FLAGGING. The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any tracl~ orwill be near enaughto anytrack that any equipment extension (such as, but not limited to, a crane boom) will reachto within 25 feet of aayttaclc. . Uponr~ceipt of suchnotice, ~eRailrnad Representative will determine and informthe Contractorwhethera flagman need be present and w the Contractor need implement any special protective ar safetymeesures. ffany flagmen or other special protective or safetymeasures are pexfiarmwd by the Raihnad, such services will be provided at Contractor's expense with the that if the Railroad provides any fl~s88in8 or other services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Section 2. NO INTERF'EIEtENCE W1TH RAILROAD'S OPERATION. No w~orkperformed by Contractor shall cause any interference with the constant, continuous and unin~ use of the tracks, p~~operty and facilities of the Railroad its lessees, licensees or others, unless specificallypermitted under this agreement, or specifically a~alnorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any mar>ner impair the safety thereof When not muse, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest t~cack, and there shall be no vehicular crossings of Railroad's tracks except at enlisting open public crossings. Section 3. MECHANIC'S LIENS. Tha Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not cute, permit or suffer anyme~chanic's ormaterialmen's liens of anykind or nauue to be cxeated or eafoTCOd against anypropaty of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, ,,claims, demands, costs ar expenses of whatsoever nature in any way cormected with or growing out of such work done, labor pxfEormod, or materials furnished. Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a}. Fiber optic cable sync may be buried on the Railroad's property. Protection of the fiber optic cable sy~sstems is of extreme impntance since any break could disrupt service to users resulting in business inteauption and loss of revenue and profits. Contractor shall telephone the Railroad at 1-804-336-9193 to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Gar~ctor• If it is, Contractor will telephone the telecommunications company(ies) involved, an~ange for a cable locator, make arangements for relocation or other protection of the fiber optic cable, all at Cont'<actor's expense, and will commence no work on the right of way until all such protection ar rdocation has been accomplished. , b). In additionto other indemnitypravisions inthis Agroemcet, the Contractor shall indemnify and holdthe Railroad hornless from and against all costly liability and eatpense whatsoever (including, without limitation, atbarneys'foes, coat costs and arising out of any act a omission of the Contractor,its oontractor,agentsand/or employees, that causes or contributes to (1) any damage to or destruction of any telecoaunwnicatiofls ~ on Railroad's p~perty, and/or (2) any injury to or death of nay passer employed by or on behalf of any tela;omnmmicntions , ea~dlor itis contractor, agents ~d/or employees, on Railroad's property. Contractor shall not have or seek recourse against Raih~oad for any claun or c~aise of action for alleged loss of profits or revenue or loss of service or other consequential daaaage to a telecommunication company using Raih~oad's p~~operty or a customer or user of services of the fiber optic cable on Railroad's property. .Y Section S. COI~fl"'`LIANCE VfTITH LAWS. in the peon of the work covered by this a~~nent the Contractor shall sec~u~e any and alI neces,~ary permits and shall comply with all applicable federal, state and local .laws, regulations and enacfirnents affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (without limiting the generality of the foregoing)shall. coffiply with all applicable state and 8odesal occupational safety and health acts and regulations. AllFederat Railroad Administration regulations shall be followed whenwork is p~~o~od on the Railroad's property. If any faihsre by the Contractor to comply with nay such laws, regulations, and enactments, shall result m any fine, pExlalty, cost or charge .being assessed, imposed or charged against the Railroad, the Contractac shall reimbiuse and indemnify the Railroad fa any such fine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and ems. The Contractor fiutber agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or e~~~ense to the Railroad. Page 1 of 4 B UTIIITIES X ~ E ROE 990701 Fam Approval, AVP•I,aw Section 6. SAFETY INSTRUCTIONS. Safety of personnel, p~:operty, rail operations and the public is of paramount imp~ntance in the prosecution of the work prusuant to this agree~nent~ As reinforcement and in furtherance of overall safety me~~sures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: a). The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent-and adequately trained in all safety and health aspects of the job. The ContractAr shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify . the Railroad of any U.S. occupational Safety and Health Administration reportable injuries occtuiing to any perscm that may arise during the work performed on the job site. The Canttactorshallhave anon-delegable duty to crontrol its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not ' sere with their vision, heating or freeuse of their bands or feet Onlywaist length shirts with sleeves and trousers that cover the entire leg are to be worn. Ifflare-legged trousers are warn, the bottoms must be tied to ps~event catching. The employees should wear sturdyand protective work boots and at least the following protective equipment" (1) Protective head gear that meets America~aNational Standard-289.1-latest re=vision. It is suggested that all bardhats be axed with Contractor's or subcontractor's company logo or name. (Z) Eye protection that meets American National Standard for occupational and educational eye and face ps~otection, 287.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be oa;urring on the job site. c}. All heavy equipment provided or leased by the Contractor shall be egwippod with audible backalp warming devices. If in tt~e opinion of the Railroad Representative any of Conbracta~s or any of its subcontractor's equipment is unsafe for use an the Railroad's right-of-way, the Contractor, at the request of the Railroad Relresentative, shall nmovesuchequipmentfrom thteRailroad's rightof-way. Section 7. Il~TDEMNITY. a}. As used in this Sextion,'~silroad" includes other railroad companies usiang the Railrna~s p~ropexty at or near the location of tha Co~ac~o~s installation and their officers,-agents, and employees;'~,oss".includes loss, damage, claims,demands, ~ causes of action, p~saltiesy oostr, and expenses of whatsoever nature, including court costs and att~neys' fees, which may result from: (a) injury to or death of persons whomsoever (including the mead's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); aadlor (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or c~rstody}. b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work pe~form~ea tinder this agreeme=nt, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreerr~ent However, the Contractor sha11 not indemnify the Railroad whey the Loss is cx~used 'i by the sole negligence ofthe Raih-oad. c). The Contractor shall maintain whatever insurance cc~vetage is nece"ssaryto adequatelyuaderwrite its general and contractual liabilitynader the terms of this A,greement~ Section 8. RESTORATION OF PROPERTY. In the .event the Railroad authorizes the Contractor to take down any fence ofthe Raih-oad or in any manner move or disturb any of the other property of the Railroad in connection with the work t4 be performed by Contractor, then in that event the Contractor shall, as soon as possr'ble and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other p~~perty was moved or dim. Page Z of 4 Exlu'bit B UTILITIES X 8t E ROE 990701 Fam Approvod, AVP-Lsw Section 9. WAIVER OF BREACH. The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed ~d performod by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof, li Section 10. ASSIGNN~IJT' -SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Reiltoad and any atxeempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor permissionto subcontract all ar aayportion of the work herein described, the Contractor is aml shall remaint~~le f~ all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. ;r Page 3 of 4 g ROE INS 960830 No RR Pro~tedive Ins. Form Approved, AVP•L~tw E~-IIBIT 8-1 Right of Entry Agreements Contract Insurance Requirements Third party Contractors Contractor shall, at its sole cost ~ expense, procure cold maintain during the life of this Agreement the folio ' insurance coverage: a} General Liab' 'tY insu~ice providing bodily injury including death, rsonal ' ' and ro Pe ml~Y P Pe~Y damage coverage with a combined single ' 't of at least $Z, 000, 000 each occurrence or claim and an aggregate ' 't of at least X4,000,000. This insurance shall contain broad form contractual ]lab' 'ty with a separate general a ate for the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads a 99m9 ( xcept where the Job Site is more than fifty feet (50~ from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossin s}, and a losio collapse and underground hazard shall be removed. Covers e g ~ ~ g purchased on a claims made form shall provide for at least a two t2}year extended reporting or discovery period if (a} the coverage changes from a claims made form to an occurrence form, (b} there is a lapsekancellation of coverage, or (c) the succe' clcdms made policy retroactive date is different for the expiring polity. b} Aut_mobile Liab' 'tv insureice providing bodily injury, property damage and uninsured vehicles cove e with Q combined single ' 't of at least $Z, 000, 000 each occurrence or claim. This ins ~ urance shall coverall motor vehicles includinghired cmdnon-o9vned,, cmd mobile equipment if e$cluded from coverage under the general ublic liab' 'ty insurance. p c} Workers' Compensation insurance covering Contractor's statutory liab' 'ty under the workers' com nsation laws of the states} affected by this. Agreement, and Em to ers' Liab' ' . ~ • • ~ p y ty If such insurance will not cover the liability of ntractor in states that require participation in state workers' compensation f und, Contractor shall com 1 with the laws of such states. If Contractor is self-insured, evidence of state ro p Y app vat must be provided. Contractor and. their insurers shall endorse the ~ insurance policy(ies} to waive their ri ht of s 'on against Railroad Contractor's insurance shall be primacy with respect to ir~sur~ce carried Rcdlroad. ~Y by The policies required under (a) and (b} above shall provide severab' 'ty of interests and shall name Railroad as an additional insured. Prior to commencing the Work, Contractor shall f urnish #o Railroad ce ' 'cafe(s) of insurance evide ' coverage and endorsements and u n s ~ rE~quired po reque a ce ' 'ed duplicate original of any ~ policy The ce ' 'cafe(s}shall contain a provision that obligates the insurance. company(ies}issuing such. policy(ies} to no ' Railroad in wri ' of material alteration incl ~ ~ ~ udrng any change in the retroactive date in any "claims-made' policies or substantial reduction of .aggregate ' 'ts, if such ' 'ts apply, or any cancellation at least thirty (30}days prior thereto. The insurance policy(ies} shall be written by a reputable insurance com ies} acce table to Railroad or with a P current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the. state(s) in which the Job Site is located. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agents}Ibroker(s}, who have been instructed by Contractor to procure the insurance coverage required by this Agreement. If Contractor fails to procure and maintain insurance as required, Railroad m elect to do so at the cos o aY t f Contractor. The fact that insurance is obtained by Contractor shall not be deemed to release or ' ' h the liab' 'ty of Contractor, including, without ' 'tatio~, liab' 'ty under the indemnity provisions of this Agreement. Dania es recoverable Railroad s g by hall not be ' 'ted by the amount of the required insurance coverage. Page 4 of 4 E~dnbit B-1 - ~ ~ t ~ i ~ ~ I/ ~ 1 i j ~f F - iF ~ ~1 wwlnu+ ~~wM~^w~~ ,r `:i l wN u.~.. yr' ^'^~rw.~,,, IN.H, Q0.: S; i is: +.w.^v.w^^^. w ~`5 A"~ iv; r ..,...M.,....,...,, ,4 :Ra 5;t t•>'S a.Y MwwrMrveyw 'V/'w.nwrww ~N3 ~N~Nwy~.`y~. ti+] M4w rri+.~w.~,wi+ ~ti O a? ~ ~ o N 00 y` ~ Y', f: k~' ~ ~ ...w.,., MM...., f ~ f -.,.Y..... w......w .~.....a ~ ~ .n ~ ~ ' , ~ ~C3 d `w ~y ~ ~ ~ n` ` ~ / t c.r fr i ~ ~f ~L r, b m ° p ; o • ~ =20► U W I- z H Cn C~ Z . H 3 Q D ~ ~ ~ U7 i Ivy ~I/~.~ ~ 1V0 HVr~CS LaEP Ma PROPOSAL FAR TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD California Avenue -Stockdale Highway to Mohawk Street Ming Avenue - Haggin Oaks Blvd. to Gosford Road White Lane -Highway 99 to South H Street Truxtun Avenue -Mohawk Street to Empire Drive Gosford Road -White Lane to Kroll Way H Street -Brundage Lane to Truxtun Avenue To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares 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, arm 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, Eled in the office of the Finance Director of the City of Bakersfield and as specified~in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. NOTE: The Contractor shall submit bids for the base bid plus bids for Additive Alternate 1, Additive Alternate 2, and Additive Alternate 3 items. However, the award of the contract shall be based solely on the Total Base Bid. Either the base bid or the base bid plus any combination of additive alternate 1, 2, andlor 3 will be considered for award: -The Additive Alternate 1, 2, & 3 bids are subject to the review and acceptance or rejection by the City of BakersEeld. FEDERAL AID ITEMS (Truxtun Avenue from Mohawk Street to Empire Drive, Gosford Road from White Lane to Kroll Wa , and H Street from Brunda a Lane to Truxtun Avenue) ITEM .ESTIMATED UNIT OF .ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in figures) 1. 14030 LF Traffic Signal Interconnect (4" conduit with innerduct ) 2. 9490 LF Traffic Signal Interconnect (2" / 3" conduit ) 3. 26 LF 12" Steel Casin Total Base Bid $ FEDERAL AID ITEMS ADDITNE ALTERNATE 1(California Avenue from Stockdale Hw to Mohawk Street) ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in figures) 1. 2485 LF Traffic Signal Interconnect (4" conduit with innerduct) 2. 74 LF Traffic Signal Interconnect (2" 13" conduit ) Total Additive Alternate 1$ THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Page 1 of 4 PR 1 FEDERAL AID ITEMS ' . ADDITIVE ALTERNATE 2 (Min Avenue from Ha in Oaks Blvd. to Gosford Road ) ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in figures) 1. 2615 LF Traffic Signal Interconnect (2" / 3" conduit ) Total Additive Alternate 2 $ FEDERAL AID ITEMS ADDITIVE ALTERNATE 3 (White Lane from Hw . 99 to South H Street } ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE {in figures) 1. 812 LF Traffic Signal Interconnect (4" conduit with innerduct) 2. 56 LF Traffic Signal Interconnect (2" / 3" conduit ) 3. 152 LF Bored/Jacked Pie (6" Steel Casin ) Total Additive Alternate 3 $ Total Base Bid+Additive Alternate 1+Additive Alternate 2+Additive Alternate 3 $ Bidder acknowledges receipt of the following addenda: Clearly list any 'and all addenda numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope. The representations made herein are made under the penalty of perjury Signed Bidder Company Address P.0. Box City, State Zip Code Area Code Telephone No. . License No.lExpiration Date " Page 2 of 4 PR 2 PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lum sum P 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 followin g 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%) of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Address (City, State, Zip) Description of portion of work subcontracted (attach additional sheets if needed) Page 3 of 4 PR 3 PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD ' Accompanying this proposal is [NOTICE: In the blank above, insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case maybe], in an amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: „ IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing Brm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City. Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No. Place of Residence Date Page 4 of 4 PR 4 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 , 20 (Seal) f (Seal) (Seal) Page 1 of 2 PR 5 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Date personally appeared Personally known to me Proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/are subscribed to the within instrument and acknowledged to methat he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ---------------------------=====OPTIONAL----------_ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORAT E OFFICER Title or Type of Document Title(s) ❑ PARTNERS ❑ LIMITE D ❑ GENERAL Number of Pages ❑ ATTORNEY-IN-FACT ❑ TRUSTEE S ❑ GUARDIAN/CONSERVATOR ❑ OTHER; Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) Signer(s) Other than Named above Page 2 of 2 PR 6 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The Bidder, under penalty of perjury, certified that, except as noted below, helshe 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 an exception noted above, indicate below to whom it applies, initiating a enc ,and dates of action. y g Y 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 PR 7 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 6-2, 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 mylour records and are available upon request. In addition, Uwe will take such affirmative action on any future subcontracting relating to this contract. Dated Contractor Page 1 of 1 PR 8 NONCOLLUSION AFFIDAVIT (To be Executed by Bidder and Accompany Proposal) TRAFFIC SIGNAL INTERCONNECT INSTALLATION AT VARIOUS LOCATIONS IN THE CITY OF BAKERSFIELD STATE OF CALIFORNIA ) ss. COUNTY OF ) ,being first duly sworn, deposes and says that he or (Name) she is of , (Title) (Company name) the party making the foregoing bid; 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 iix the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof , or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been convicted of any offense referred to in the California Public Contract Code. Signed Bidder Business Address Telephone No. Place of Residence Subscribed. and sworn to before me this day of , 20 Page 1 of 1 PR 9 Local Assistance Procedures Manual EXHIBIT 1Z-E PS&E Checklist instructions Attachment L LOCAL AGENCY BIDDER-DBE INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received by the administering agency no later than the time s ecified in the s ecial rovisions. CO./RTE.IP.M.: BIDDER'S NAME: CONTRACT NO.: ADDRESS: BID AMOUNT: BID OPENING DATE: DBE GOAL FROM CONTRACT r ITEM OF WORK AND NAME OF DBE DOLLAR PERCENT CONTRACT DESCRIPTION OF WORK OR (Name of DBEs, Certification Number, AMOUNT * * ITEM N0. SERVICES TO BE and Telephone Number} * * * DBE SUBCONTRACTED OR MATERIALS DBE TO BE PROVIDED . Total Claimed $ $ Participation * If -100% of item is not to be performed or furnished by DBE, describe exact portion, including planned location ~~of work to be erformed of item to be rformed or furnished b DBE * * DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state-funded only cannot be used to meet goals on federally funded contracts. * * * Credit for a DBE supplier, who is not a manufacturer is limited to 60% of the amount paid to the ,supplier. (See Section Disadvantaged Business" (DBE) of the special provisions) IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above should- be consistent with the name and items of work in the "List of Subcontractors" submitted with our bid ursuant to the SubcontractorsLastin Law. Signature of Bidder Date (Area Code} tel. No. Person to Contact (Please type or print) Distribution for NHS Projects: (1) Original-Caltrans DLAE for NHS Projects, (2) CopyLocal Agency project file Distribution for non•NHS Projects: (1) Original Local Agency project file DEPT. OF TRANSPORTATION (FED DBE} MODIFIED DC-OE•19 (REV o9-I 5-95) Page 1Z-99 PR 10 February 1,1998 Local Assistance Procedures Manual EXHIBIT 15-H Good Faith Effort Statement of DBE Participation GOOD FAITH EFFORT STATEMENT OF DBE PARTICIPATION Federal•aid Project No. Bid Opening Date Type of Work The ~ (local agency} established a Disadvantaged Business Enterprise (DBE) goal of for this project. The Contractor has committed to a~ goal of necessitating a good faith effort statement in accordance with 49 CFR 23.45. (fur project files show that a good faith effort was made. The following is a summary of that documentation: 1) Attendance at - or request for any pre-solicitation or pre-bid meetings: 2} Advertising in appropriate publications subcontracting opportunities: (Name and date of publications) NAME DATE I l l 3) Providing written notice to a ~ reasonable number of DBE(s) seeking their interest in subcontracting opportunities being made available by the Contractor: (Sample letter attached) 4) Following up of initial solicitations of interest: (Names, type, result.) 5 } Selecting portions of the work to be performed by DBE(s): (Include $ value} 6) Providing interested DBEs} with adequate information: PR 11 Page 15-35 February 1,1998 EXHIBIT 15-H Local Assistance Procedures Manual Good Faith Effort Statement of DBE Participation 7) Negotiating good faith with interested DBE(s): value of DBE Bids and one taken 8) Making efforts to assist interested DBE(s) in obtaining bonding, lines of credit, or insurance and 9) Effectively using the services of available minority community organizations; minorit contractors' rou s, local State and Federal Mino ' y g p ~ rity Business Assistance to the recruitment and placement of DBE(s): (Name, date of contact, information rovided P ) Signature, local agency DBE Liaison Officer Distribution for NHS projects: { 1) Original-Caltrans DLAE, (2) Copy • Local Agency Project File Distribution for non-NHS projects; {1) Original -Local Agency Project File Page 15-36 PR 12 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPOR CERTIFICATION The bidder ,proposed subcontractor ,hereby certifies that he has has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925,11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the .applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor {41 CFR 60-1.7(b) { 1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts .and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60.1.5. (Generally only contracts or subcontracts of $1:0,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders. and have not filed the required reports. should -note that 41 CFR 60-1.7(b) (1) prevents the award of .contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. tz.a•a9 PR 13 Page 1~-77 February 1,1998 Local Assistance Procedures Manua! EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBY~NG CERTIFICATION FORFEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ~2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a .Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shalt complete and submit Standard Form•LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when. this transaction was made or entered into. Submission of this. certification is a prerequisite for making or entering into this transaction imposed by .Section 1352, Title. 31, U.S. Code. Any .person who fails to file the required certification shall be subject to a civil penalty of not less than $1.0,000 and not more than $ 100,000 for each such failure. The prospective participant also agrees by submitting his. or her bid or proposal that he or she. shall require that the language of this certifcation be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. .12.4.89 Page 12-83 PR 14 February 1,1998 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES . This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer, or employee of Congress or an employee of a Member of Congress ~n connection with a covered Federal action. Attach a contmuat~on sheet for additional information if the space on the "form is inadequate. Complete all items that apply for both the initial fling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused b a . .y . material change to the ~nformat~on previously reported, enter the year and quarter ~n which the change occurred. Enter.the date of the last, previously submitted report by this reporting entity for this covered ~ Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. S. If the organization filing the report in Item 4 checks "subawardee" then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the applicationlproposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. Fora covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity . (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the ~n-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-86 February 1,1998 PR 15 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the ~date(s} of any services rendered. Include all preparatory. and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee{s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 1 b. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the. collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project {0348-0046), Washington, D.C. 20503. SF-LLL•Inspucgons Rev. 46.04.90«ENDIF» PR 16 Page 12-8? February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activ~ies pursuant to 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a, b~Uoffer/application a. initial b. grant b. in~ial award b. material c~ar~e c. cooperative agreement c. postaward d. loan For Material Change Only: e. guarantee year quartier _ f. ban insurance date of last report 4. Name and Actress of Reporting Entity: 5. ff Reporting Entity in No, 4 is Subawardee. Enter ❑ Prime Subawardee Name and Address of Prime: Tier , if known Congressional District, if known: Congressional District, if known; 6. Federal DepartmentlAgency: 7. Federal Program NamelDescripdon: CFDA Number, if applicable 8. Federal Action Humber, if known: 9. Award Amount, if known; . $ 10. a. Name and Address of lobbying Entity b. individuals Performing Services (including address if (if individual, fast name, first name, MI); different from No. foa) (last name, firrst name, MQ: (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) ~ ❑ actual ❑ planned a. retainer 12. Form of Pa ment check ail that a I : b. one-time fee y ~ pp yj c. commis~on a. cash d. contingent fee b, in•kind; specify. nature e. deferred value f. other, specify; 14, Brief Description of Services Performed or to be performed and Date(s) of Service, including officers), employee(s), or members}contacted, for Payment Indicated in Item 11: (attach Continua~on Sheet(s) if necessary) 15. Continuation Sheet~sj attached: Yes ❑ No ❑ 16. Information requested through this form is authorized by Tide 31 U.S.C. Section Signature: 1352. This disclosure of bbbying activities is a material representation of fad upon wtdch reliance was placed by the der above when this transaction was Print Name; made or entered into. Phis disclosure is required pursuant to 31 U.S.C. 1352. This iMonnation witi be reported to ~e Ccmgress semhannually and wiN be Tde: av~lable for public ir~pection. Any person who fads to tile~the req~red ctsdosure shah be subject to a dull penalhr of not less than $10,000 and not more than Telephone No.. Date: X100,000 for each such failure. Federal ~ Authorized for Local Reproduction Standard Form •111 Standard Form Lll Rev. 01-03.95 PR 17 Page 12-85 February 1,1998 AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT 4 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, installation of conduit, pull boxes, conductor and modems, rernoval and construction of concrete sidwalk and handicap ramps.("Project" herein) . The scope of work shall include all items and procedures necessaryto properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. . 1.1 The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1 Notice to Contractors 1.1.2 Special Provisions 1.1.3 Bid Proposal y 1.1.4 Bidder's Bond 1.1.5 Performance Bond 1.1.6 Material and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9 Current State of California DAS 140 Form (if required by Specifications) 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of CONSTRUCTION PROJECTS AGREEMENT T:1Attorney-BoilerlConstructionAgr.wpd -Updated -May 26, 2000 S-1 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 bythe parties. Unless otherwise required by State law, a ten percent X10%} retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent X10%) retention required by the Bakersfield Municipal Code shall be released afterthe appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 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. Ail 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.. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are .intended by the parties as a final expression of their agreement with respect to such terms as .are included herein. and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties f urther intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever maybe introduced in any judicial orarbitration proceeding involving this Agreement. This Agreement maybe modified only in a writing approved by the City council ,and signed by _fi all the parties. 8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications setforth in this Agreement and those in exhibits attached hereto, theterms, 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 CONSTRUCTION PROJECTS AGREEMENT T:1Attorney-BoilerlConstructionAgr.wpd -Updated -May 26, 2000 S-2 Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. r 10. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR otherthan 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 anal supplies necessary to perform the services set forth in this Agreement. 11. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 11.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 11.1.1 Provide coverage for owned, non-owned and hired autos. 11.1.2 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) per occurrence; and the policy shall: 11.2.1 Provide contractual liability coverage for the terms of this Agreement. 11.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. CONSTRUCTION PROJECTS AGREEMENT T:1Attorney-BoilerlConstructionAgr.wpd -Updated -May 26, 2000 S-3 11.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars x$1,000,000) per accident; and the policyshall contain awaiverof subrogation endorsement in favorof the CITY, its mayor, council, officers, agents, employees and volunteers. 11.4 All policies requiredoftheCONTRACTORshall be primaryinsurance fa as to the CITY, its mayor, council, officers, agents, employees, or volunteers and any insurance orself-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. 11.5 Insurance is to be placed with insurers with a Bests' rating of no less thanA:VII. Any deductibles,self-insured retentionsorinsurance in lesseramounts, orlack 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. 11.6 All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language orterms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. 11.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 11.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and .endorsements and bonds required have not been provided as required by the Special Provisions. 11.9 Full compensation for all premiums which the CONTRACTOR is required to payon allthe 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. 11.10 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. 11.11 Unless otherwise approved bythe CITY, if any part of the work under CONSTRUCTION PROJECTS AGREEMENT T:1Attorney-BoilerlConstructionAgr.wpd -Updated -May 26, 2000 S"4 this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements forCONTRACTOR. 11.12 CONTRACTORshallprnvide performance, laborand material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments priorto the commencement of work on the Project. 12. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all Liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors 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 or CITY's sole active negligence or willful misconduct. 13. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project herein, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing. of any .such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from anyfunds held by CITY concerning the project herein amounts sufficientto cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the f fling of any stop notice, lien, or legal action relating thereto. 14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are. equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual .personal service or depositing in th.e United, States mail. The parties shall be addressed as follows, or at any other address designated by notice: CONSTRUCTION PROJECTS AGREEMENT T:(Attorney-BoilerlConstructionAgr.wpd S~5 -Updated -May 26, 2000 CITY: CITY OF BAKERSFIELD PUBLIC UVORKS DEPARTMENT Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 (661) 326-3724 CONTRACTOR: 16. GOVERNING LAw. The Laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 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 otherpap~ers (including, but not limited to, computer or electroniclata), 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. CORPORATE AUTHORITY. Each individual signing. this Agreement on behalf of entities. represent and warrant that they are, respectively, duly authorized to sign CONSTRUCTION PROJECTS AGREEMENT T:lAttorney-BoilerlConstructionAgr.wpd -Updated -May 26, 2000 S-6 on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 22. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 23. CONTRACTOR'S LICENSE INFORMATION. License Number Expiration Date License Classification 24. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090 . IN WITNESS WHEREOF, the parties hereto have caused this A reement to be g executed, the day and year first-above written. "CITY" ~ "CONTRACTOR" CITY OF BAKERSFIELD By: gy; BOB PRICE Mayor Title: APPROVED AS TO FORM: BART J. THILTGEN City Attorney By' . APPROVED AS TO CONTENT: PUBLIGWORKS DEPARTMENT By' RAU L M. ROJAS Public Works Director More Signatures on Following Page COUNTERSIGNED: By' GREGORY KLIMKO Finance Director CONSTRUCTION PROJECTS AGREEMENT T:(Attorney-BoilerlConstructionAgr,wpd -Updated -May 26, 2000 S-7 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has on Date of Award , 2000, awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Traffic Signal Interconnect Installation at Various Locations in the City of Bakersfield (California Avenue, Ming Avenue, White Lane, Truxtun Avenue, Gosford Road and H Street) ;and WHEREAS, said Principal is required under the terms of said contract; and NOW, THEREFORE, WE, the Principal, and Leave Blank for Bondin,~mpan~_, as Surety, are held and firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meeting~Dollars ~ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully . perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete., and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1 }year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this. paragraph to the contract notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition tQ the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any. way, affect its obligations on this bond,. and it does hereby waive notice of any such change, extension of time, alteration, or addition to -the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , 20 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) S-8 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, 20 ,awarded to Name of Contractor a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Traffic Signal Interconnect Installation at Various Locations in the City of Bakersfield (California Ave, Ming Ave, White Lane, Truxtun Ave, Gosford Road, and H Street) ;and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this~bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner the penal sum of One hundred percent (100%) of the total amount pa, any the terms of the contract when the total amount payable does not equal or exceed five million dollars ($5,000,000); Fifty percent X50%) of the total amount. payable by the terms of the contract when the total amount payable is not less than ~ ve million .dollars and does not exceed ten million dollars ($10,000,000); Twenty-five percent (25%) of the total amount payable by the terms of the contract when the total amount payable exceeds ten million dollars ($10,000,000 00) Dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon .this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in anyway, 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 contractor 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. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , 20 ,the name and corporate seal of each corporate party being hereto affixed and these resents dul sr ned b its undersi ned re resentative, ursuant to authorit of its overnin bod P Y .g Y~ g P P y g g Y~ (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address & Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) S-9 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (To be completed by the Contractor, if he elects to substitute securities in lieu of retention) THIS ESCROW AGREEMENT is made and entered into by and between: whose address is hereinafter called "Owner," whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for Traffic Signal Interconnect Installation at Various Locations in the City of BakersEeld (California Avenue, Ming Avenue, White Lane, Truxtun Avenue, Gosford Road and H Street) in the amount of dated (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ,and shall designate the Contractor as the beneficial owner. 2. .The Owner shall make progress payments to the Contractor for such funds which. otherwise would be withheld from .progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount speciEed above. 3. .Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the .withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. S-10 8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (b), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. lo. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow. Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: Title Title Name Name Signature Signature S-11 GUARANTEE MATERIAL AND WORKMANSHIP CITY OF BAKERSFIELD Public Works Department Annex Building, 2"~ Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: Traffic Si nal Interconnect Installation at Various Locations in the Cit of Bakersfield (California Avenue, Mini Avenue, White Lane, Truxtun Avenue, Gosford Road and H Street) awarded on ,between the City of Bakersfield (hereinafter referred to as "City"),and the undersi ned, which g contract provides for ,and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one (l) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our own cost, and expense, any work and/or materials that we may disturb or displace in making good such defects. Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This .guarantee is made expressly for and tuns to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. Dated Contractor's Name Authorized Signature S-12 GUARANTEE EQUIPMENT CITY OF BAKERSFIELD Public Works Department Annex Building, 2°a Floor 1 SO 1 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: Traffic Signal Interconnect Installation at Various Locations in the City of Bakersfield (California Avenue, Mini Avenue, White Lane, Truxtun Avenue, Gosford Road, and H Street) awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made: Should any of the equipment installed .pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any .equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed within twenty-four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete-the work within a reasonable period of time, as specified in the City's written notification. Contractor shall prosecute with due diligence to complete .the work within a reasonable period of time, as specified in the City's written notification. Said. system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally .intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. Dated Contractor's Name Authorized Signature S-13 pis scan srou~o ce sent ;c ;~e ~c~nt accranncasnro ~;,mmrtt0e cr the G'art cr ;race in ;ne area cr ;ne site or w e cucs~c ~~orx. .t you gave env cuestrons as :o :ne actress cr :;;a acorcorrate P U ~ LI C 'JI10 R K S - .ornt aoorenttcesn~o Ccmmrttea, contact :ne nearest crtice cr ~e 0 ivrsson of Aaorentrcesnro Stanaaros f DAS i. C:,nsurt •~our C C NTR A CT A W A A D I N FC ~ M AT1 C N :oonone oirec:crv unoar Cautornra. State ot, ;novstrral ~e~anons, for tho JAS ottica ~n your area. ~ ; ~.A+~+~oF~xvra~c~,,a r:,.rr~Ac-c~s s;aT~ ~c~~sa ~o. . w.YraACSCas ~w►un,c AaCAESS -:.ur~eEa a s~E-;. w"t. c ~ncA c :cE 3 -~.:.=~on~E ~o. ~ i w►~E i ~.OC.tiroN CF ~:~BUC •~oacs PAOJEC' :►~Tc CF C:~RnaC; awAAO u11T•: OF ~PECTp OA AC~w11. STAi,T CF aQCr;cC' `~W►AE i AOORESS CF P'~UC AGcNCY AWAAQIVG CC•VTaI1C~ ca" i ~MTEt~ NUN~EA OF,~O~N~~+Mf~1►~URS aPPRENT1CcS i ~Cr..'~ATIdV CF APP~E'►R1C~ '1JM8G~ t0 oe o~~ ~PPaOxIMATE ^ATE5'r _'IN~OYE~ . 4 Cheo~ One Cf The Foxes ~e1o~v: g~ 1 ; We reouest ~ aisaatcn at aoorenticets~ for this coo. '~'Ve voiuntaniy moose, co ccmoly witn~ the aCDfiCaOle ~olrtt Aoorent~cesnio Comrtt~ttee Stanoares .or the ourat~on of this jco on~y, in training :ne acocent~cets). 'Ne assume no other aoligations to the ccrnm>nee or unrons unoar State or Federa! laws. Sox 2 We request disoatch of aoorenucets~ for this joo. We do not wisn to ioiiow ~ the aoaicaoie point Aoorenticesnio Committee Stancares in training the aoorent~ces: instead, we agree to emaioy ana ;rain acorenucets) in accordance with the Cafifom~a Aoprenticesnio Council regulations govemmg emolayment ar aaorentices on puoiic wont projecs. We assume no other ootigatians to the commcttee cr unions under Slate or Federal laws. box 3 ~ We are already aQCroved to train aoarentices oy the aoolicaoie Joint Aoprenticesnio Comr:ct•,ee and we wii! emoioy ana train unoar the Stanoaras. Box a We oo net reouest ;he disoatch of aoarenticelsl since aoerentices are not required on this ;co under the provisions of Califomra Laoor Cade Section 1777.5, Because: S~onarure i vpeo Name i ills ,^rafe State of California - Oeoartment of Industrial Relations ~:.s Aso rN•w ~.40~ OIV1S10N aPPAE;~TiCSSI~iP S T ~NOAAOS A