HomeMy WebLinkAbout1997 Special Provisions Project T5K051 T6K053~r
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS,
BID PR P OOALA S ND CONTRACT
FoR
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -
VARIOUS LOCATIONS
New Stine Road/Stine Road -White Lane to Stockdale Highway CMLN-5109 (023}
Ming Avenue -New Stine Road to Castro Lane CMLN-5109 (021)
White Lane -Wilson Road to Wible Road CMLN-S 109 (022)
Stockdale Highway - Gosford Road to California Avenue CMLN-5109 (008)
Coffee Road -Stockdale Highway to Truxtun Avenue CMLN-5109 (020)
Mohawk Street -California Avenue to Truxtun Avenue CMLN-5109 (033)
BID OPENING:
DATE March 26,1997
TIME 11:00 A.M. .,r
PROJECT N0. T5K051 & T6K053
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT ~ ~ ~
ANNEX BUILDING, 2ND FLOOR ~
1501 TRUXTUN AVENUE ~ ~ ~ ~ ~
BAKERSFIELD, CALIFORNIA 93301 Project Engineer: Brad Underwood N~, ~~30~
Telephone: (805) 326-3993 ~
Filename: g:Iprojectslbradlt5kO51t6.G53
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall,
1501 Truxtun Avenue, Bakersfield, California, Until 11:00 0' clock A. M. on March 26, 1997, to be publicly opened
and read immediately thereafter in the City Council Chamber, for the following work:
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
Flans 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 date of
bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt
of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline
stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears
herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the
provisions set forth under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications.
Each bid must be accompanied by the following items:
a. A proposal guarantee in accordance with the requirements of Section 2-1.07, "Proposal Guaranty" ,
of the Standard Specifications;
b. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification;
c. Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;
d. Noncollusion Affidavit;
e. MBEIwBE Reporting Form; and
f. Good Faith Effort Statement of DBIWBE Participation.
g. Certification for Federal Aid Contracts.
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 farm 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 Department of Transportation,
Business, Transportation and Housing Agency, dated July, 1992, insofar as the same may apply.
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This project is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor are
set forth in the special provisions. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 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 include in this bid package. Please review it carefully, this is the contract the Contractor shall be expected to execute without alteration. If any changes are desired they must be submitted to the City for approval.
If approved, the changes will be issued to all prospective contractors.
Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal.
Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the
retaining of a different Contractor by the City.
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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installation of conduit, pull boxes, conductor cable, modems and
detectors, removal and construction of concrete sidewalk and wheelchair ramps and placement of asphalt concrete.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled
"State of California, Department of Transportation, Standard Specifications, July, 1992" , as referenced herein, insofar
as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in
accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take
precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms", of the
Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning
shall be as follows:
City -City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly .authorized agents, such ,agents acting within
the scope of 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 Department of Transportation, Business, Transportation and Housing Agency, 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.
S
SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive
at her .office, City Hall, 1501 Truxtun Avenue, in said City, until 11; 00 0' clock A. M. on March 2b, 1997, sealed
proposals for:
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials
to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the
right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may
be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK.
The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms.
It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission
of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES.
Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may
be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing
Officer, the form of which appears herein immediately following these special provisions. All proposals must give
the prices proposed and must be signed by the bidder, with his address. If the .proposal is made by an individual, his
name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post
office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must
show the name of the state under the laws of which the corporation was chartered and the names, titles, and business
addresses of the president, secretary and treasurer.
For record keeping purposes, the proposal is divided into six (b) sections, one for each project location. The Bidder
shall indicate the sub-total for each section and the project total on the appropriate lines in the proposal form.
2-1.06 BIDDER' S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a
Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10 of the
amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein
the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the
amount of I/2 of one percent of his total bid orten-thousand ($10,000) dollars, whichever is greater, in accordance with
the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code.
The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to
observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
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Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE
Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed forms:
• Proposal Form;
• Bidder' s Bond Form;
• Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification;
• Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting; • Non-Collusion Affidavit Form;
• MBE/WBE Reporting Form; and
• Good Faith Effort Statement of DB/WBE Participation.
• Certification for Federal Aid Contracts
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 or specifications.
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the
public notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing
Department. The written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly
authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
Whether or not bids are opened exactly at the rime fixed in the public notice for opening bids, a bid will not be received
after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. .
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors" . Bidders or their authorized agents are invited to be present.
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a
mistake was made in his bid, the bidder shall give the Department written notice within five (5} days after the opening
of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person
from bidding upon, or being awarded, a public works or services contract with the agency under this part or
from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance
of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100,
including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract
under this article by requiring the person to submit a statement under penalty of perjury declaring that neither
the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses
referred to in this section within the preceding three (3) years.
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A form for the statement required by Section 10285.1 is included in the proposal.
2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership,
corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for
believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one
proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership,
corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders
any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected.
2-1.14 DISADVANTAGED BUSINESS. This project is subject to Part 23, Title 49, Code of Federal Regulations
entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs" . The
Regulations in their entirety are incorporated herein by this reference.
Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged
Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the
following matters:
a. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act
and relevant regulations promulgated pursuant thereto;
b. A DBE bidder, not bidding as a joint venture with anon-DBE, will be required to meet the DBE goal through subcontracting or material purchases or make good faith effort to do so;
c. A DBE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or
vendor of material or supplies;
d. A DBE joint venture partner must be responsible for a clearly defined portion of the work to be
performed in addition to satisfying requirements for ownership and control. The DBE joint venturer
must submit either schedule B of the Code of Federal Regulations or California Department of
Transportation Office of Civil Rights form entitled "MinoritylDisadvantaged/Women Business
Enterprise Joint Venture" ;
e. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing
and supervising the work;
f. Credit for a DBE vendor of materials or supplies is limited to sixty percent (60 of the amount to
be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods;
g. Credit for trucking by DBE's will be as follows:
1) The amount to be paid when a DBE trucker will perform the trucking with hislher
own trucks, tractors and employees.
2) One hundred percent (100 of trucking costs will be allowed for all trucking
acquired through certified DBE trucking brokers.
h. A DBE must be a California Department of Transportation certified DBE on the date bids for the
project are opened before credit may be allowed toward the DBE goal. The Department's DBE
Directory identifies DBE's which have been certified. Others may also qualify for certification but
must be certified before bid~opening. The DBE directory maybe obtained from the DEPARTMENT
OF TRANSPORTATION. Material Operations Branch, Publication Distribution Unit 1900 Royal
Oaks Drive, Sacramento, California 95815, Telephone (916) 445-3300;
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i. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this
contract and may result in termination of the contractor other appropriate remedy for such breach.
j. Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or
women.
2-1.15 DBE, GOAL FOR THIS PROJECT. The Department has established the following goal for disadvantaged
businesses (DBE) participation for this project.
DISADVANTAGED BUSINESS (DBE) ten percent (10
It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and
to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers,
so as to assure meeting the goal for DBE participation.
The Department has contracted with the following organization to assist DBE's in preparing bids for subcontracting
or supplying materials:
TRIAXLE MANAGEMENT SERVICES, INC. -LOS ANGELES
2594 Industry Way, Suite 101-A
Lynwood, CA 90262 Telephone: (310) 537-6677
FAX N0. (310) 637-0128
Bidders may utilize the services of this organization to contact interested DBE's.
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SECTION 3 -AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL, The award of the contract, if it be awarded, will be to the lowest responsible bidder. The
language refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder
to satisfactorily perform the proposed work.
3-1,02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45)
days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedures. One of the
said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount
equal to one hundred percent (100%) of the contract price. The other of the said bonds shall be in an amount of fifty
percent (50%) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed
on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the
California Civil Code.
Whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and
material men, become insufficient, or the City has cause to believe that such surety or sureties have become
insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety,
not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be
done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor
until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together
with the contract bonds and certificate of insurance documents, within ten (10} days, not including Sundays, after the
bidder has received notice that the contract has been awarded. The Commercial General Liability & Workers'
Compensation insurance policies should contain additional insured endorsements in favor of the City, its mayor,
council, officers, agents, employees and volunteers, as required in these specifications. No proposal shall be considered
binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered
into in the City of Bakersfield, California.
Failure to execute a contract, file acceptable bonds and submit certificate of insurance as provided herein within ten
(10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just
cause for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1,05 RETURN OF BIDDER' S GUARANTEES. Within ten (10) days after the award of the contract, the City
of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award.
All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned
to the respective bidders whose proposals they accompany.
accompany.
SECTION 3-2 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.
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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 INFQRMATION. 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.
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 or ten-thousand dollars ($10,000), whichever is
greater, must have been named in the bid. See section entitled "Required Listing of Proposed Subcontractors" in
Section 2, of these special provisions).
The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include:
a. The names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in which a request for DBE participation for this project was placed by the bidder;
b. The names and dates of notices of all certified DBE's solicited by direct mail for this project and the
dates and methods used for following up initial solicitations to determine with certainty whether the
DBE's were interested.
c. The items of work for which the bidder requested subbids or materials to be supplied by DBE's, the
information furnished interested DBE's in the way of plans, specifications and requirements for the
work, and any breakdown of items of work into economically feasible units to facilitate DBE
participation. Where there are DBE's available for doing portions of the work normally performed
by the bidder with his own forces, the bidder will be expected to make portions of such work available
for DBE's to bid on.
d. The names of DBE's who submitted bids for any of the work indicated in (c) above which were not
accepted, a summary of the bidder's discussions andlor negotiations with them, the name of the
subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's
choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and
the price bid by the selected subcontractor or supplier. Since the utilization of available DBE's is
expected, only significant price differences will be considered as cause for rejecting such DBE bids.
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e. Assistance that the bidder has extended to DBE's identified in (d) above to remedy the deficiency in
their subbids.
f. Any additional data to support a demonstration of good faith effort, such as contacts with DBE
assistance. agencies.
3-2.O1B AWARD OF CONTRACT. The award of contract, if it be awarded, will be to the lowest responsible
bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for DBE
participation or demonstrating, tQ the satisfaction of the Department, good faith efforts to do so is a condition for being
eligible for award of contract.
3-2.02 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the Contractor
in response to the requirements in the section of these special provisions entitled "Submission of DBE Information,
Award, and Execution of Contract" , which are determined by the Department to be certified DBE's, shall perform
the work and supply the materials for which they are listed unless the Contractor has received prior written
authorization to perform the work with other forces or to obtain the materials from other sources.
Authorization to utilize other forces or sources of materials may be requested for the following reasons:
a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a
written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is
presented by the Contractor.
b. The listed DBE becomes bankrupt or insolvent.
c. The listed DBE fails or refuses to perform. his subcontract or furnish the listed materials.
d. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE
subcontractor fails or refuses to meet the bond requirements of the Contractor.
e. The work performed by-the listed subcontractor is substantially unsatisfactory and is not in substantial
conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work.
f. It would be in the best interest of the City.
The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by
the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the
Engineer.
3-2.03 DBE RECORDS. The Contractor shall maintain records of all subcontracts entered into with certified DBE
subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name
and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE
subcontractor or vendor.
Upon completion of the contract, a summary of these records shall be prepared on Form HC-43 and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer.
3-2.04 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the
Standard Specifications, Section 2, "Proposal Requirements and Conditions," Section 3, "Submission of DBE
Information, Award, and Execution of Contract", elsewhere in these special provisions.
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The requirement in the third paragraph of said Section 8-1.01 that the Contractor shall perform with his own
organization contract work amounting to not less than fifty percent (50%) of the original contract price is not changed
by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" ,
in Section 6-2 of these special provisions that the Contractor perform not less than thirty percent (30%) of the original
contract work with his own organization.
Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract
Provisions Federal-Aid Construction Contracts" , in Section 6-2 of these special provisions. This requirement shall be
enforced as follows:
Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress
payments due, or to become due, until correction is made. Failure to comply may result in termination of the
contract.
The DBE information furnished under Section 3-2.OlA "DBE Information" of these special provisions is in addition
to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting" , and Section
2-1.07, "Required Listing of Proposed Subcontractors" , of these special provisions.
In accordance with the Federal MBE regulations Section 23.45(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.
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SECTION 4 - BEGINNING OF WORK. TIME OF COMPLETION
AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attentson is directed to the provisions of Section 8-1, 03, "Beginning of Work" , Section 8-1.06,
"Time of Completion",and Section 8-1.07, "Liquidated Damages", of the Standard Specifications, and is specifically
hereby made a part of these special provisions.
,The first paragraph of Section 8-1.03, "Beginning of Work" , of the Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of eighty (80) working days.
Contract working days will commence from the date the Contractor begins work or the 15th calendar day from
the date of the written notice to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of two-hundred fifty dollars ($250) per day for each and
every calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices
paid for the various items of work and no additional allowance will be made therefor.
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SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 1-1.40, "State Contract Act", and Section 9-1.10,
"Arbitration", of the Standard Specifications are deleted. This contract is not governed by the provisions of the State
Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this
contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code.
In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any
form (although they may do so upon written agreement) .
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of ten- thousand dollars ($10,000) or which, together with all other previously approved change orders for that contract
exceeds twenty-five percent (25 of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Work" ,
of the Standard Specifications and these special provisions.
Section 5-1.02, "Plans and Working Drawings" , of the Standard Specifications is amended by adding the following
paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by the Engineer before any work involving these plans shall be performed, unless approval is waived
in writing by the Engineer.
Section 5-1.07, "Lines and Grades", of the Standard Specifications is amended by adding the following paragraph after
the first paragraph;
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer.
If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the
finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" , of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of .his requirements in writing
a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice. of less than twenty-four (24) hours be considered a reasonable length of time.
Section 5-1..08, "Inspection", of the Standard Specifications is amended by adding the following paragraph after the
first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice
to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer
will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with
Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours
labor shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep an accurate
record showing the name and actual hours worked for all workers employed in said work, and that said record shall
be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate
for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft,
classification or type of work is determined by the Director of the California Department of Industrial Relations, and
his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule
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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:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the
amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS ($25~ pursuant to Section 1813 of the Labor Code, per worker required
to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided
in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records" , of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIlVIIl~IATION. Attention is directed to Section 7-1.01A(4), "Labor Nondiscrimination" ,
of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code
Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements
in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.01A(5), "Apprentices" , of the Standard
Specifications. All Contractors and Subcontractors shall comply with the. provisions of Labor Code Sections, 1777.5,
1777.6, and 1777.,7 relating to the employment of apprentices.
If the Contractor does not have a union conttact which provides for apprentices, the Contractor and all Subcontractors
shall submit one of the following:
a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS" . This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
Qne of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that
the Contractor's responsibility shall be as follows:
If the contract price for the project, includes an expenditure in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000) for excavation of any trench or trenches five (5) feet or more in depth, the Contractor
or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of
shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed
by the City Engineer.
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If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division
of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than
that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees.
The terms "Public Works" , and "Awarding Body" , as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. ~ Sound control shall conform to the provisions in Section 7-1.01I,
"Sound Control Requirements" , of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed
eighty-six (86) dba at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to
trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound
signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all
governmental organization which require 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. Mondav
~r ~gll Fries. Any deviations must be requested in writing and directed to the Construction Engineer at the Pre-Job
Conference. Written approval from the Construction Engineer is required for work beyond these limits.
Any time work proceeds, which requires inspection services for more than an nine and one-half (9112) hour work day, or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said
charges may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State
and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of
the work, and of all such orders and decrees of bodies or .tribunals having any jurisdiction or authority over. the same.
5-1.13 CONTRACTOR' S INSURANCE. The Contractor shall not commence work under this contract until he has
obtained all insurance required under this section and the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any
Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved
by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under
all required insurance policies.
5-1.13A INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and
employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused
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by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies in the performance
of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party
indemnified hereunder, except as limited by California Civil Code ~ 2782.
5-1.13B INSURANCE. In addition to any other insurance or bond required under by 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:
a. 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;
1) Provide coverage for owned, non-owned and hired autos.
2) Provide contractual liability coverage for the terms of this Agreement.
b. 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:
1) Provide contractual liability coverage for the terms of this Agreement.
2) Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.
c. Workers' compensation insurance with statutory limits and employer's liability insurance with limits
of not less than one million dollars ($1,000,000) per accident; and the policy shall contain a waiver
of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and
volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the City, its mayor, council, officers,
agents, employees, or volunteers and any insurance or self insurance maintained by the City, its mayor, council,
officers, agents, employees, and volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute
with it.
Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. Any deductibles, self insured
retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement,
or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the City
in writing.
All policies shall contain an endorsement providing. the City with thirty (30) days written notice of cancellation or
material change in policy language or terms. All policies shall provide that there shall be continuing .liability thereon,
notwithstanding any recovery on any policy.
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is
satisfactorily completed as evidenced by written acceptance by the City.
The Contractor shall furnish the City Risk Manager with a certificate of insurance and required endorsements
evidencing the insurance required under the Agreement. This certificate with the required endorsements must be returned with the ,executed contract as specified in Section 3-1.04, "Execution of Contract" , of these specifications.
The City may withhold payments hereunder if certificates of insurance and endorsements required in the Agreement
are not maintained.
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Unless otherwise, approved by the City, if any part of the work under this Agreement is subcontracted, the "basic
insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City has
approved lesser insurance requirements for Contractor.
5-1.14 CONTRACTOR' S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with
the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake" , of the Standard Specifications is deleted and shall not apply to this contract.
5-1.16 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 Ordinance 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.
5-1.17 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.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has
violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has
failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms
of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means
for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice,
the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice
of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate.
Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized
representative, may employ other parties to carry the contract to completion, employ the necessary workmen, substitute
other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem
proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of
cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who
will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or his sureties from
liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money
so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations
of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited
with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the contract as to warrant
the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work
wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions
as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary,
due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer
and shall not resume the work until ordered in writing by the Engineer.
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5-1.20 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments" , and Section 9-1.07, "Payment
After Acceptance" , of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final
Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because. of subsequently discovered facts, nullify .the whole or any ,part of any
certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but
not limited to the following;
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
when any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims" , of the Standard Specifications is amended to
read:
The Director will make the final determination of any claims-which remain in dispute after completion of claim
review. Aboard or person designated by said Director will review such claims and make written
recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done
thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction. in the final estimate and payment. The
final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF
COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the
attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract
except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either
wholly or in part, against any claim of the 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.
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5-1,22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs
of the Standard Specifications is replaced with the words "unit price"
Third paragraph of Section 18-1.05, "PAYMENT" .
Fourth paragraph of Section 24-1.11, "PAYMENT" .
Eleventh paragraph of Section 39-8.02, "PAYMENT" .
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for .his workers and subcontractor' s
well being and their education of handling hazardous materials when hazardous materials are encountered during this
project.
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SECTION 6 - CONTRQL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials" , of the
Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before
delivery is started. and before such material is used in the work. Representative preliminary samples of the character
and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for
testing or examination as desired by the Engineer.
All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards
of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by
the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the
limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final
inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source
of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction
or from the appropriate pollution control boards and such permits contain requirements which conflict with the
requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the
conflicting requirements of this section provided the permit requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be
considered as included in the contract prices paid for the items of work which require the use of the sites and no
additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section b-1.07, "Certificates of Compliance" ,
of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling
and testing, if accompanied by a Certificate of Compliance.
6-1.04 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface
Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with
said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this project shall occur in the United States.
A Certificate of Compliance, conforming to the provisions in Section b-1.07, "Certificates of Compliance", of the
Standard Specifications, shall be furnished for steel materials. The certificates, in addition to certifying that .the
materials comply with the specifications, shall also specifically certify that all manufacturing processes for the material
occurred in the United States.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the
cost of such materials used does not exceed one-tenth (0.1 of 1 percent (1 of the total contract cost, or $2,500,
whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quality and value. of
any foreign steel prior to incorporating such materials into the work.
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SECTION 7 -CONSTRUCTION DETAILS
7-1.01 RELATIONS WITH KERN COUNTY. The City has applied for a permit for work within the County
right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name.
The Contractor shall comply with all the provisions of said permit.
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 applied for 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 State Highway right of way must be listed on the Contractor's permit or they will be required 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 unit 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 Specification, the plans, and the special provisions.
The Contractor shall be required to work around public utility facilities and other improvements that are to remain
in place within the construction area or that are to be relocated and relocation operations have not been completed.
In accordance with the provisions in Section 7-1.11, "Preservation of Property",and Section 7-1.12,
"Responsibility for Damage" , of the Standard Specifications, the Contractor shall be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations.
The exact location of underground facilities and improvements within the construction area shall be ascertained by
the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces
may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities.
The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any
unnecessary delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the
plans will not be compensated for as idle time. However, additional contract time commensurate with such delays
may be allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor
shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor
shall, be responsible for repairing and reconnecting severed or damaged lines and/or wiring and replacement of
damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the
Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the
duration of irrigation interruption.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the
responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered
as included in the prices paid for the various items of work and no .additional allowance will be made therefor.
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PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of this
article shall be considered as included in the unit prices paid for various items of work and no additional
compensation will be allowed therefor.
7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and
other warning and safety devices when performing work which interferes with or endangers the safe movement of
traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth
in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work
Upon Highways", published by the State of California, Department of Transportation. Application and use of
devices shall be as specified and as directed by the Engineer,
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and
progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment.
The sixteenth and, nineteenth paragraphs of Section 7-1.08, "Public Convenience" , of the Standard Specifications,
shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
r~.~ Direction of Travel Hours .New Stine Road Northbound 8:30 A.M. - 4:30 P.M.
Ming Avenue Eastbound 8:30 A.M. - 4:30 P.M.
White Lane Westbound/Eastbound 8:30 A.M. - 4:30 P.M.
Coffee Road NorthboundlSouthbound 8:30 A.M. - 4:30 P.M.
Locations not specified will be allowed to have one lane closed prior to 8:30 A.M.
Where construction operations are actively in progress, a minimum of one traffic lane, not less than twelve (12) feet in width, shall be open for use by public traffic. Where construction operations are not actively in
progress all lanes shall be open for use by public traffic. Public traffic may be permitted to use the
shoulders and, if half-width construction methods are used, may also be permitted to use the side of the
roadbed opposite to the one under construction. No additional compensation will be allowed for any
shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations.
Maximum length of lane closures and minimum distance between lane closures may be restricted by the
Engineer.
In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer,
the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares,
temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic.
Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall
consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead" , No. C-18, and "End Construction" , No. C-13, shall be furnished,
installed and maintained by the Contractor at locations as directed by the Engineer at least forty-eight (48) hours in
advance of any construction.
The Contractor shall report all accidents to the Engineer.
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PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included
in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.05 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.
PAYIVIENT. Full compensation for conforming to the requirements of this article shall be considered as included
in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.06 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.
PAYIVIENT. Full compensation for conforming to the requirements of this article shall be considered as included
in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.07 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating
from the site of the work as a result of his operations, or the traveling public, during the effective period of this
contract. Preventative measures to be taken by the Contractor shall include but shall nOt be limited to the
following:
a. Water shall be applied to all unpaved areas as required to prevent the surface from
becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
In residential areas, aself-contained, pick-up type, power broom with water distribution system shall be used.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond
the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth
herein.
PAYMENT. Fu11 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 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing
Roadway", of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description" , of the Standard
Specifications, the following shall apply:
25
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all
excess and/or objectionable material originating within the project limits and transported by public traffic
or by the Contractor's operations.
The Contractor may use any method, approved by the Engineer, that does not create a dust problem to
remove the excess and/or objectionable material from the affected areas. However, in residential areas,
when a broom is used, a self contained, pick-up type, power broom with water distribution system shall be
used.
PAYMENT. Full compensation for Finishing Roadway as specified will be paid for. at the contract lump sum
price, which price shall include full compensation for. furnishing all labor, materials, tools and equipment and for
doing all the work involved in Finishing Roadway as specified.
7-1.09 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs, median curbs,
sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall
conform to the provisions in Section 73, "Concrete Curbs and Sidewalk" , of the Standard Specifications and these
special provisions. Concrete curbs, median curbs, curb and gutter may be constructed by the fixed form method
or by extrusion or slip forming. However, it is required to use equipment which is controlled automatically for
alignment, grade, and cross slope by sensing from preset string lines for construction using the extrusion or slip
form methods.
MEASUREMENT AND PAYMENT.
Quantities of Minor Concrete used in wheelchair ramp construction including breakdowns in curb and gutter shall
be considered as Minor Concrete (Wheelchair Ramp) and paid for at the contract price per each of Minor Concrete (Wheelchair Ramp). Section 4-1.03B(1) and 4-1.03B(2) of the Standard Specifications shall not apply. to this item
of work: Payment for this item of work will be made only at locations specified on the plans.
The above prices and payments shall include full compensation for furnishing all labor, materials (including
adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment and
incidentals, and for doing all the work involved in constructing curb, gutter depressions, and wheelchair ramps
complete in place, including but not limited to, sawcutting, excavation, .compaction, concrete removal, pavement
removal and adjustment of pull boxes, as shown on the plans, as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer.
7-1.10 INNERDUCT. Innerduct shall be installed in existing conduit as shown on the plans.
Innerduct consists of an extruded flexible sealed polyethylene tubing that is installed inside electrical conduit.
Innerduct within a conduit run shall be continuous without splices or joints.
Unless otherwise shown on the plans, innerduct for this project shall be nominal. 1 114-inch inside diameter, with
wall thickness of 0.091 ± 0.003-inch, and shall meet the following requirements:
Polyethylene for innerduct shall have a density of 0.933 ± 0.003 gm/cm3 (ASTM Standard D-1505), and
shall conform to the applicable portions of ASTM Designations: D3433, D3035, D2239, and D2447, and
the applicable portions of NEMA TC7 and TC2. Tensile yield strength shall be 3.625 psi, minimum
(ASTM D-b22).
Walls shall be smooth, corrugated or ribbed.
Each innerduct shall be a separate color.
2b
The colors shall be approved by the Engineer prior to ordering the material. The exterior of the duct shall be
marked with sequential measurement markings every meter,
The innerduct shall be shipped on reels marked with the manufacturer, the contract number, and the size and
length of the innerduct. The product on reels shall be covered with aluminized material to protect colors from UV
deterioration during shipment and storage.
Installation procedures shall conform to the procedures specified by the innerduct manufacturer,
Full compensation for innerduct shall be considered as included in the contract price paid: for Traffic Signal
Interconnect (4" Multiduct Conduit) and no separate payment will be made therefor.
7-1.11 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard
Specifications and these special provisions.
7-1.12 MULTIDUCT CONDUIT. where 4-inch conduit with innerduct is to be installed ,by trenching or boring
as specified in the plans, a factory assembled conduit system with four (4) innerducts is required. Other systems in
accordance with these special provisions .will be allowed.
The conduit shall be Schedule 40 PVC. Each innerduct shall be 1.15-inch (I.D. minimum), manufactured from
polyethylene or PVC. For alignment purposes, one innerduct shall be a different color than the others and shall be
consistent for the project. UL listing is not required.
Polyethylene innerduct shall conform to the provisions described under "INNERDUCTS", longitudinally ribbed, with minimum wall thickness of 0.075 inch.
PVC innerduct shall be pre-lubed and have a wall thickness of 0.06-inch minimum.
Straight segments of multiduct conduit shall be nominal 20' lengths with a minimum 5" slip joint. Joints shall be
keyed to mate the enclosed innerducts and shall lock together or be provided with a seating mark to verify proper
assembly. The joint shall be solvent welded or sealed with a gasket as recommended by the manufacturer.
Bends shall be rigid factory assembled sections with a radius of 4' minimum.
Prior to joining the last sections of the conduit run, the innerduct colors at the ends shall be verified to be
consistent.
7-1.13 MULTI-CONDUIT SYSTEM. Where 4-inch conduit with innerduct is to be installed by trenching or
boring as specified in the plans, a factory assembled multi-conduit system with four conduits will be allowed.
The conduit shall be Schedule 40 PVC and UL 651 listed. Each conduit shall be 1.25" (I.D. nominal). The
conduit shall be "orange" in color, indicating "fiber optic duct. " All conduit shall have a continuous print line on
top and bottom, in accordance with UL-651 using different colors, i.e. red, blue, black and white. The conduit
marking shall include; "Manufacturer name -1 114" Sch,40."
Straight segments of the multi-conduit system shall be nomina120' lengths with a minimum 2112" slip joint. Joints
shall be provided with a seating mark to verify proper assembly. The joint shall be solvent welded as
recommended by the manufacturer.
Bends shall be rigid factory assembled sections with a radius of 4' minimum.
27
The multi-conduit system shall be connected by the "spacer method. " Spacers shall be located at approximately
every 28112" , The spacers shall provide a minimum of 518" seperation 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 Meld.
7-1.14 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 or 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 Traffic Signal Interconnect and no separate payment will be made therefor.
7-1.15 CONDUIT INSTALLATION. Conduits maybe installed by either jacking/drilling or open trench
methods. 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 shall be placed under existing pavement
in a trench not to exceed 12 inches in width. Trench shall be cut using a rock saw or
backhoe and all loose uncompacted material shall be removed from the bottom of the
trench prior to placement of conduit. The trench shall Dave a minimum depth of 24 inches
below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled
with a two (2) sack slurry cement bacl~ill. Slurry cement backfill shall be placed to
within 0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with 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 by any method which will produce an
asphalt concrete surface of uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be bacl~lled except for the top 0.20 foot, by the
end of each work day. The top 0.20 foot shall be placed within three (3) working days
after trenching. Temporary roadmix or other acceptable temporary surface will be
allowed on the top 0.20 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 horizontal to traffic that are greater than 6" in width shall be plated until
permanent asphalt is placed in top 0.20 foot. Trenches parallel to traffic that are greater
28
than 6" in width shall be plated until temporary surface is placed in top 0.20 foot.
6. No trench shall be opened in any street for the purpose of laying pipes or conduits more
than six hundred (600) feet in advance of the pipe or conduit placed therein.
7-1.16 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Full Boxes," of the
Standard Specifications and these special provisions.
All pull box assemblies shall include one knockout for 2" conduit and one knockout for 4" .multi-duct conduit on all
sides to accommodate installation of conduit. Should an approved alternate multi-duct conduit assembly be chosen
by the Contractor, the knockout for 4" multi-duct conduit at each end may be substituted by a larger size to accomodate this alternate conduit assembly.
Recesses for suspension of ballasts will not be required.
PAYMENT. Full compensation for pull boxes shall be considered as included in the contract price paid for
Traffic Signal Interconnect and no separate payment will be made therefor.
7-1.17 SPLICE VAULTS. Splice vaults shall be 48"L x 30"W x 30"D nominal inside dimensions and shall
conform to Section 86-2.06 of the Standard Specifications. Hold down bolts or cap screws and nuts shall be of
brass, stainless steel or other non-corroding metal material. Each cover portion shall have inset lifting pull slots.
Cover marking shall be "COMMUNICATION" on each cover section. Enclosures, covers and extensions shall be
concrete gray color. Vaults and covers may be constructed of reinforced Portland cement concrete or of non-PCC
material.
Non-PCC vaults and covers shall be of sufficient rigidity that when a 100-pound concentrated-force is applied
perpendicularly to the midpoint of one of the long sides at the top while the opposite long side is supported by a
rigid surface, it shall be possible to remove the cover without the use of tools. When a vertical force of 1,500
pounds is applied, through a 1/z inch by 3-inch by 6-inch steel plate, to a non-PCC cover in place on a splice vault,
the cover shall not fail and shall not deflect more than 114 inch.
Splice vaults shall be installed as detailed and where shown on the plans. All splice vaults and covers shall have an
AASHT~ HS 20-44 rating.
Splice vaults shall be installed at grade in paved areas.
Metallic or non-metallic cable racks shall be installed on the interior of both sides of the splice vaults. The rack
shall be capable of supporting a load of 100 pounds, minimum, per rack arm. Racks shall be supplied in lengths
appropriate to the box in which they will be placed. Rack arms shall not be less than 6 inches in length. All
metallic cable racks shall be fabricated from ASTM Designation; A36 steel plate and shall be hot-dip galvanized
after fabrication. Steel plate, hardware and galvanizing shall be in accordance with the requircments of Section
75, "Miscellaneous Metal," of the Standard Specifications.
PAYMENT. Full compensation for Splice Vaults shall be considered as included in the contract price paid for
Traffic Signal Interconnect and no separate payment will be made therefor.
7-1.18 TRAFFIC SIGNAL INTERCONNECT. Signal Interconnect Cable shall be six (6} conductor cable as
shown on plans and shall conform to the following;
The conductors shall be solid #19 AWG annealed copper in twisted pairs. The conductors shall be no less than three and one-half (3.5) turns per fourteen (14) inches for six (6) pair cable. The cable shall have a
29
corrugated copolymer-coated eight (8) mil. aluminum tape and applied longitudinally over the core wrap.
These cables must meet the requirements of PE-39 and ANSI/ICEA 5-84-608-1988. A certificate of
compliance to these special provisions will be required from the manufacturer prior to installation.
A pull rope conforming to Section 86-2.OSC "Installation", of the Standard Specifications shall be included
in all interconnect conduit (including all innerducts) for installation of future conductors.
PAYMENT. Full compensation for installing Traffic Signal Interconnect including conduit, (PVC, Multiduct
Conduit or Multi-Conduit System), conduit and innerduct sealing plugs, cable, modem, wiring, splice vaults, pull
boxes, `LB' connectors, sidewalk replacement, excavation, trenching, backfilling and pavement patching, will be
considered as included in the prices paid per linear foot (new and existing conduit) of Traffic Signal Interconnect
(2" PVC) or Traffic Signal Interconnect (4" Multiduct Conduit), and no additional compensation will be allowed therefor.
3" PVC conduit shall be paid for per linear foot as Traffic Signal Interconnect (2" PVC}.
7-1.19 DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors" , of the Standard
Specifications and these special provisions. Location and layout of detector loops shall be as directed by the
Engineer .
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-5.01A (4), "Construction Materials" , of
the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the~pull box shall be twisted at a minimum rate of five (5) turns per foot, and the splice must be
soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the
other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the
conductor,
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-5.01A (5),
"Installation Details", of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in concrete, the slots shall be filled with epoxy sealant conforming to the
requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops" , to within one-eighth- (118) inch of the
pavement surface. The sealant shall be at least one-half (112) inch-thick above the top conductor in the saw cut.
Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
a. An elastomeric sealant conforming to Section 86-5.01A (5), "Installation Details" , of the
Standard Specifications.
b. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-5.01A (5),
"Installation Details", of the Standard Specifications.
30
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L,
8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No.
TY5532 or approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
PAYMENT. The contract price paid for each detector shall include full compensation for furnishing all labor,
materials, tools, equipment and incidentals and for doing all the work involved for installing traffic loop detectors.
Section 4-1.03B(1) and 4-1.03B(2) of the Standard Specifications shall not apply to this item of work.
STATE OF CALIFORNIA
SPECIFICATION
ASPHALTIC EMULSION INDUCTIVE LOOP SEALANT
1.0 SCOPE.
This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive
wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use in
freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS.
The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid
form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1988
State of California Specification 8010-XXX-99 Inspection, Testing and ether Requirements for Protective
Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR.
3.0 REQUIREMENTS.
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the
manufacturers responsibility to produce aone-component product to meet the properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
31
3.2.3 Firm set time, hours, 4 maximum
test at one (1) hour intervals, use ASTM D2939.
3.2.4 Brool~eld viscosity, Poise 50 to 125
RVT Spindle #3, 10 RPM at 75 + 2" F.
3.3 Properties of the Dried Film
3.3.1 Flexibility No full depth
use ASTM D2939, except air dry specimens to cracks
constant weight at 75 + 5 deg. F. and 50 + ten percent (10 relative humidity. Condition mandrel and specimens
two (2) hours at 75 + I - 2 deg. F, before test. Use aluminum
panels, 0.03 inches thick (Q panel or equal).
3.3.2 Tensile Strength, Psi, 20 minimum
cast sheets 0.25 inches thick and air dry at 75 + 5 deg. F. ,
50 +I-ten percent (10%) relative humidity for minimum of
sixteen (16) hours. Load rate 0.05 inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum Use California Test Method No. 434, Part VIII. Space damp with no loss of
blocks with 0.25 inches between slant faces, seal sides and adhesion to concrete
bottom with tape and fill with the well stirred sample, strike
off the excess. Dry in 140 deg. F. oven to constant weight and
condition.one (1) day at 75 +l- 2 deg. F. before testing.
Load rate to be 50001bslminute.
3.3.5 Resistance to water, No blistering
Use ASTM D2939, Alternative B re-emulsification
or loss of adhesion
3.4 Workmanship
3.4.1 The- sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance
to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform
product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as
described above or due to any other cause, the sealant shall be considered unfit for use.
3.4.2 The sealant shall retain all specified properties-under normal storage conditions for. twelve (12) months after
acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in
replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph
3.0, shall remain satisfactory for twelve (12) months from date of acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in
effect at the time the sealant is manufactured.
32
4.0 QUALITY ASSURANCE PROVISIONS.
4.1 Inspection
This material shall be inspected and tested in. accordance with State of California Specification 8010-XXX-99,
or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the., place of manufacture and
application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY.
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall be furnished
in container size as specified in the purchase order or contract. If ordered in five (5) gallon size the containers
shall be new, round standard f1~11 open head with bails, shall be nonreactive with the contents, and shall have
compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate
Commerce Commission regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers name, date of
manufacture and manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations,
Hazardous Materials and Regulations Board, Reference 49 CFR.
6.0 NOTES.
6.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be
thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not recommended. Any cleanup of road surface or tools can be done with water, before the sealant sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or
processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of
California, and its duly authorized representatives, from all suits at law or action of every nature for, or on
account of, the use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the
provision of Section 6-1.07, of California Department of Transportation Standard Specifications, January
1988.
33
PRQPOSAL FOR
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCA'i IONS
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those
named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has
carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein
referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield,
in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other
means of construction and to do all the work and furnish all the materials in accordance with the plans and spe-
cifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the
contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and
evidence of insurance acceptable tQ 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.
SIGNAL INTERCONNECT ON STINE ROAD/NEW STINE ROAD FROM WHITE LANE TO CALIFORNIA AVENUE CMLN-5109 (023
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
N0. PRICE
1. Finishin Roadwa 1 LS 2. Minor Concrete (Wheelchair Ram 1 EA
3. Traffic Si nal Interconnect (2" PVC 330 LF
4. Traffic Si al Interconnect (4" Multiduct Conduit 13,600 LF
5. Detector (T e C 9 EA
TOTAL
SUBTOTAL
SIGNAL INTERCONNECT ON MING AVENUE FROM NEW STINE ROAD TO CASTRO LANE CMLN-5109 (021
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
N0. PRICE
6. Finishin Roadwa 1 LS 7. Minor Concrete (Wheelchair Ram 1 EA
8. Traffic Si al Interconnect (2" PVC 8,600 LF
9. Detector (T e C 4 EA
TOTAL
SUBTOTAL$
SIGNAL INTERCONNECT ON WHITE LANE FROM STINE ROAD TO WIBLE ROAD CMLN-5109 (022
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
N0. PRICE
10. Finishin Roadwa 1 LS 11. Traffic Si nal Interconnect (2" PVC 4,100 LF
12. Traffic Si al Interconnect (4" Multiduct Conduit 5,300 LF
13. Detector (T e C 9 EA
TOTAL
SUBTOTAL$
Signed
Bidder Page 1 of 4
~ 34
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
SIGNAL INTERCONNECT ON STOCKDALE HIGHWAY FROM COFFEE ROAD TO CALIFORNIA AVENUE
CMLN-5109 (008 ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
N0. PRICE
14. Finishin Roadwa 1 LS
15. Minor Concrete (Wheelchair Ram 2 EA 16. Traffic Si nal Interconnect (2" PVC 10,100 LF
17. Detector (T e C 3 EA
TOTAL
SUBTOTAL $
SIGNAL INTERCONNECT ON COFFEE ROAD FROM STOCKDALE HIGHWAY TO TRUXTUN AVENUE CMLN-5109 (020
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
N0. PRICE
18. Finishin Roadwa 1 LS 19. Traffic Si al Interconnect (2" 3,100 LF
20. Detector (T e C 4 EA
TOTAL
SUBTOTAL $
SIGNAL INTERCONNECT ON MOHAWK STREET FROM CALIFORNIA AVENUE TO TRUXTUN AVENUE
CMLN-S 109 (033 ITEM DESCRIPTION QUANTITY -UNIT UNIT .TOTAL
N0. PRICE
21. Finishin Roadwa 1 LS
22. Traffic Si al Interconnect (2" FVC 15 LF 23. Traffic Si al Interconnect (4" Multiduct Conduit 2,350. LF
24. Detector (T ~ C 5 EA
TOTAL
TOTAL $
Signed
Bidder
BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA;
CLEARLY LIST ANY AND ALL ADDENDA NUMBERS RECEIVED ON THIS PROJECT, ABOVE AND ON THE LOWER
LEFT HAND CORNER OF THE SEALED BID RETURN ENVELOPE.
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER THE PENALTY OF PERJURY
Signed Bidder Company
Address
P.0. Box
City, State Zip Code
Area Code Telephone No.
License No./Expiration Date
Page 2 of 4
35
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the
Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between
the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be
the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit
Price in accordance with the following:
a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated
quantity for the item and the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location
of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess ofone-half of one percent (0.5 of prime Contractor's total bid, or TEN THOUSAND
DOLLARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be
completed and submitted with said bid proposal.
Subcontractor's Name! Description of portion
Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
Page 3 of 4
3b
PROPOSAL FGR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
Accompanying this proposal is
[NOTICE: Insert the words "cash "cashier's check", "certified check", or "bidder's bond", as the case may be], in 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 areas follows:
IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing
firm; if bidder or other interested person is an individual, state .first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or
officers authorized to sign contracts on :behalf of the corporation; if bidder is a copartnership,. the true name of the firm shall be set forth
above together with the signature of the parer or partners authorized to sign contracts in 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 A~orney 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
37
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 (JBLIGATION 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 WIT1VlESS WHEREOF, we have hereunto set our hands -and seals this day of , 19_.
(Seal)
(Seal)
(Seal)
Page 1 of 2
38
STATE OF CALIFORNIA ) ss.
COUNTY OF )
On before me, . Date
personally appeared
Personally known to me
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/herltheir
authorized capacity(ies), and that by hislher/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
❑ CORPORATE OFFICER Title or Type of Document
Title(s)
❑ PARTNERS(S) ❑ LIMITED
❑ GENERAL
Number of Pages ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES) Signer(s) Other than Named above
Page 2 of 2
39
To the State of California, Department of Transportation.
NONCOLLUSIDN AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that
the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding
the conract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to
be engaged by the bidder for this project has been convicted of any offense referred to in the California Public Contract
Code.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the.
signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
Page 1 of 1
40
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 responsib' 'ty. For any
exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above Certification is part of the Proposal. Signing this Proposal on the signature. portion thereof shall also
constitute signature of this Certifications.
Signature. of Contractor
Page 1 of 1
41
CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION $Y
DISADVANTAGED BUSIr~ESSES IN SUBCONTRACTING
(Complete and submit with Proposal)
Contract No.
P . It is the lic of the City of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23) shall _Q~~ I~ Y .
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. Conrtractor 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
rovisions of this contract, affirmative action has been taken to seek out and consider disadvantaged .businesses for the P
portions of the work which are intended to be subcontracted and that .such affirmative actions are fully documented in my/our records and are available upon request. In addition, I/we will take such affirmative action on any future
subcontracting relating to this contract.
Dated
Contractor
Page 1 of 1
42
LPP 95-07 construction Administration Attac~►~ment S
.Tune 22, 1995 Page
EXHIBIT 4-B
EXHIBIT 4-B
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I.I'I' y~•Q7 l;xhihit C ItI;I:N(:iN1:I;RIN(:. Attaci~mrnt 7. I'tiRI; I'a~e l
Certification for Federal Aid Contracts
The prosnectivc P;uticiPant certitics, by signi»b ;~ncl ~uhinitting this hicl or propC~~;il, to the hest of his or her
kt~owlcd~c a~td belief, Ur~t;
{l) No Federal aPPro~riatccl funds h;ivc hcci~ P;tid car will hL~ ~;cid. by or nn behalf of the unda~igttcd, to any person
fc~r influencing car attempting to inlluecicc officer or employee of any .federal agency, a Memhcr of
Congress, an off ica or cmnloycc of Congres.S. ~r an cm~lc~y~c of a Mcmhcr of C:cmgrcc,~ in connection with the awarding of airy. Federal, contract. tllc tn;►kitig of any Federal grant,. the making of any Federal loan, the
cntenng into of any cooperative agreement, and U~c extension, continuation, renewal,, amendment, or
mcxiifiation of any Federal contract, grunt, lcruz, car coopcr~tive agreement. i
{2) If any funds other ih<~n Federal apprapriatcd funds have. hc.~c:n n<~id or will he paid to any person feu influencing
or attempting t~ influence an officer. or employee of any Federal agency, a Mcmh~ of Congress, an officer or
employee of Congress, or an employee of a Member of Congrc:.~.~ in connection with this Federal contract,
-grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form•LLL*, - "'Disclosure of Lobbying. Activities," in accord<7ncc with its inswcuons.
This certification is a material: representation of fact upon which rcli<~nce was placed when this transaction was made
or entered into. Submission of his certificaticm is a prcrcyuisitc fc~r m~ •ing or entering into this tran.~action imposed by Section 1352, Title 31, U.S. Code.. Any person who f ~uls tc~ file the reyuircxl certification shall be subjcxt to a civil
penalty of not less than ~1Q,000 and not more th<~u~ 5100,O0O for each such. f~ulure.
.R T;
.Tbe prospective participant also age~c by suhmitf ins his or her bid nr pmposal that he or she shall require that the language of this certif icauon he included in all lower tier subcontracts,, which exceed ~~I OO,ooo and that all such
subrettipients shall certify and dicclo a accordingly.
. _
. ,
* Standard Form LLL may hcohwned from Caltrans or FI iWA offices.:
• ~ OISCLflSURE OF R,,~88,YlHC ACztVt'i't~S Cor~pltita #h~ form to di~b~bbbying,actividos pura~ant to 3T U.~.~.13~Z
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• ~ st~rere iar~ • u1
AGREEMENT N0.
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, ("CITY" herein) and
("CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of installation of traffic signal interconnects; and
WHEREAS, CITY desires to employ CONTRACTOR to install traffic signal interconnects, 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 is described as: installation of conduit, pull boxes, conductor cable,
modems and detectors, removal and construction of concrete sidewalk and wheelchair ramps and placement of asphalt
concrete.
The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR
has been hired to perform, whether specifically included in the scope of work or not. .
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows:
The compensation set forth in this section shall be the total compensation for the services provided by
CONTRACTOR, including all out-of-pocket costs incurred. CITY shall pay no fee other than the compensation
listed in this section unless otherwise agreed to in writing by the CITY.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized
invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by
CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of
CONTRACTOR's itemized invoice.
4. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement
shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary
the terms of this Agreement.
5. LI ENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice
its profession.
6. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and
industry standards observed by a competent practitioner of the profession in California.
7. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and
supersedes all other oral or written representations. This contract may be modified only in a writing approved by the
City Council and signed by all the parties.
43
8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement
and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail.
All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not
actually attached.
9. TERMINATION. This Agreement may be terminated by any party upon days written notice, served by
mail or personal service, to all other parties.
10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all
of the re uirements of Municipal, State, and Federal authorities now in force, or which may hereafter be ~n force, q
ertainin to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement P g all Munici al ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in
P force.
11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of
CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any
ose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be P~
construed as forming a partnership or any other association with CONTRACTOR other than that of an independent a
contractor.
12. INSURANCE. In addition to any other insurance or bond required under by 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:
A.Automobile liabili insurance, roviding coverage on an occurrence basis for bodily injury, including death, of one P 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:
1)Provide coverage for owned, non-owned and hired autos.
2)Provide contractual liability coverage for the terms of this Agreement.
B.Broad form commercial eneral liabili insurance, providing coverage on an occurrence basis for bodily injury,
includin death, of one or more persons, property damage and personal injury, with limits of not less than one million g
dollars ($1,000,000) per occurrence; and the policy shall:
1)Provide contractual liability coverage for the terms of this Agreement.
2)Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and
volunteers.
C.Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than
one million dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in
favor of the City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers,
agents, employees, or volunteers and any insurance orself-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.
44
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self insured
retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement,
or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the
CITY in writing.
All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or
material change in policy language or terms. All policies shall provide there shall be continuing liability thereon,
notwithstanding any recovery on any policy.
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is
satisfactorily completed as evidenced by written acceptance by the CITY.
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withhold payments hereunder if certificates of insurance and
endorsements required have not been provided.
Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic
insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has
approved lesser insurance requirements for CONTRACTOR.
13. 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 adnvnistrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused
b CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies in the y
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.
14. EXECUTION. This Agreement is effective upon execution. It is the. product of negotiation and all parties are
e uall res onsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the q Y p
interpretation of this Agreement.
15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or
sent by certified or registered mail and be effective upon actual personal. service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL 1501 Trugtun Avenue
Bakersfield, California 93301
. CONTRACTOR;
16. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted
in Kern County, California.
17. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written
45
consent of all the parties.
18, BINDING EFFECT, The rights and obligations of this Agreement shall inure to the benefit of, and be binding
upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and
assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular
number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be
considered as an original and be effective as such..
19. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or
copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written
documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR'S office during the term of this Agreement, and for a period of three 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 executing this Agreement represents and warrants they are
duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named
herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
46
22,TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation? Yes No_____
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-
abovewritten.
"CITY""CONTRACTOR"
CITY OF BAKERSFIELD
BOB PRICEPIease Print or Type Name & Title
Mayon
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By:
(Name ~ Title of Attorney who prepared contract)
APPROVED AS TO CONTENT:
PUBLIC. WORKS DEPARTMENT
By:
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
47
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation,
hereinafter designated the "Owner" ,has, on Date of Award , 19_____, awarded to Name of
Contractor ,a organized and doing business under and by virtue of the laws of the
State of California, hereinafter designated as the "Principal" , a contract for INSTALLATION OF TRAFFIC
SIGNAL INTERCONNECT -VARIOUS LOCATIONS; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful
performance of said contract; and
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding. Cam anv , 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 a ents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and . g
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 andlor 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
contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the
Principal remains.
48
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,
or addition to the terms of the contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration, or addition to the terms of the contractor to the work or to the
specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State
of California,
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully
enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this
day of , 19_, the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing
body.
(Seal)Principal
Signature for Principal, Title
(Seal)Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
49
MATERIAL LABOR BOND
KNOW ALL MEN BY THE5E PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation,
hereinafter designated the "Owner" ,has, on Date of Council Meeting_____, 19____-, awarded to
lame of Contractor ,
or anized and doin business under and by virtue of the laws of the State of California, a g g
hereinafter designated as the "Principal" , a contract for INSTALLATION OF TRAFFIC SIGNAL
INTERCONNECT -VARIOUS LOCATIONS; and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said
Princi al, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used P
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 Comnanv , , as Surety, are
held and firmly bound unto the Owner the penal sum of 50 % of Amount Awarded at Council
Meeting dollars
lawful money of the United States, .for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in,
u on, for, or about the performance of the work contracted to be done, or for any work or labor thereon of .any p
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
Cha ter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or P
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 ease suit brought
upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court.
50
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 contractor to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any
chap a extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. ~ g~
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , 19 ,the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing
body.
(Seal)Principal
Signature for Principal, Title
(Seal)Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Atta.ch notarization form for each required signature)
51
ESCROV~ 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 22200 of the Public Contract Code of the State of California, Contractor has the option
to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant
to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred
to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the Owner within ten (10} days of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the
Contract between the Owner and Contractor. Securities .shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. - The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from, progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form
and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the
benefit of the Owner until such time as the escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering
the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on
that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven
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.
52
1
8. Upon receipt of written notification from the Owner certifying that the Contract is final and 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 (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow
Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive 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.
53
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
54
GUARANTEE
MATERIAL AND WO~ANSHIP
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
awarded on , between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned,
which contract provides for installation of traffic signal interconnects, 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 worl~manship or materials within a period of one (1) year from
the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted.
We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may
disturb or displace in making good such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the
agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with
due diligence, all work necessary to fulfill the terms of this guarantee and. to complete the work within a
reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City andlor 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 runs 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
55
GUARANTEE
EQUIPMENT
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT -VARIOUS LOCATIONS
awarded on , between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for installation of traffic signal interconnects, 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 o rate ro rl , as planned, due to any of the above causes, all within one (1), year after date on which 1~ P 1~ Y
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.
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
56
K~:~tiGItiEEk1tiG, Attachmtrnt 'i. f'Sc~~: f'urt~ 1
REQUIRED CONTRACT PROVISIONS
FEDERAL•AID CONSTRUCTION CONTRACTS
Page the contracor shall not:
I. General 1
II. Nondiscrimination . 1 a. drscnminate against labor from any other State, posses- 111. Nonsegregated Facilities 3 sion, or temtory of the United States (except for employment
IV. Payment of Predetermined Minimum Wage 3 preferenceforAppalachian contracts, whenapplicable, asspecified
V. Statements and Payrolls 6 in Attachment A), or VI. Record of Materials, Supplies, and Labor 6
VII. Subletting or Assigning the Contract 7 b. employ convict labor for any purpose within the limits of
VIII. .Safety: Acxident Prevention 7 the project unless ~ is labor performed by convicts who are on
!X. False Statements Concerning Highway Projects 7 parole, supervised release, or probation. X. implementation of Clean Air Act and Federal
Water Pollution Control Act $ II. NONQISCRIMINATION
XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 8 (Applicable to all Federal-aid construction contracts and to all
Xil. Certification Regarding Use of Contract Funds for related subcontracts of $10,000 or more.)
Lobbying 9 1. Equal Employment Opportunity: Equal employment
ATTACHMENTS opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under A. Employment Preference for Appalachian Contracts laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630
(included in Appalachian contracts only) and 41 CFR fi0} and, orders of the Secretary of Labor as modified
by the prw~ions prescribed herein, and imposed pursuant to 23 1. GENERAL U.S.C.140 shall consti~te the EEO and specfic affirmative action
standards for the contractor's project activities under this contract.
~ 1. These contract provisions shall apply to all work performed on The Equal Opportunity Construction Contract Speafications set
.the contract by the contractor's own organ¢ation and with the forth under 41 CFR 60-4.3 and the provisions of the American assistance of workers under the contractors immediate superin- Disabilities Act of 1990 (42 U.S.C.12101 et sue.) set forth under 28
tendence and to all work performed on the contract by piecework, CFR 3~ and 29 CFR 1630 are incorporated by reference in this
station .work, or by subcontract. contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requitement activities
2. Except as otherwise provided for in each section, the contrac- of EEO:
for shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their a. The contractor wiN work wrtfi the State highway agency
inclusion in any Tower tier subcontract. or purchase order that may (SHA}and the Federal Government in carrying out EEO obligations
in turn be made.. The .Required Contract. Provisions shall not be and m their review of his/her activities under the contract. incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier b. The contractor will accept as his operating policy the
subcontractor with ..these Required Contract Provisions. .following. statement:
3. A breach of any of the tipulations contained in these "It is the policy of this Company to assure that applicants are
.Required .Contract Provisions shall be sufficient grounds for employed,andthatemployeesaretreateddunngemploymen!,
termination of the contra. without regard to their race, religion, sex, color, national origin, age or disab~ity. Such action shall include: employment,
4. A breach of the follawing clauses of the Required Contract upgrading, demotion, or transfer, recruitment or recruitment
Provisions may also be grounds for debarment as provided in 29 ,advertising; layoff or termination; rates of pay or other forms CFR 3.12: of compensation; and selection for training, including appren-
ticesh~, preapprenticeship, andlor on-the~ob training."
Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; 2. EEO Officer: The contractor will designate and make known
Section; V, paragraphs 1 and 2a through 2g. to the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering 5. Disputes arising out of the labor standards provisions of and promoting an active contractor program of EEO and who must
Section 1V (except paragraph 5) and Section V of these Required be assigned adequate authority and responsibility to do so.
Contract Provisions shat! not be subject to the general disputes clause of this contract. Such disputes shall be resolved in actor- 3. Dissemination of Policy: All members of the contractors
dance with the procedures of the U.S. Department of Labor (DOL} .staff who are authored to hire, supervise, promote, and discharge
asset forth in 29 CFR 5, 6, and 7. Disputes within the meaning of employees, orwha recommend such action, orwho are substantial- this clause include disputes between the contractor (or any of its iy involved in such action, will be made fully cogn¢ant of, and will
subcontractors) and the. contracting agency, the DOL, or the implement, the contractor's EEO poky and contractual responsibiii•
contractors employees or their representatives. ties. to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the foNowing 6. Selection of tabor: During the performance of this contract, actions will be taken as a minimum:
` Page 1
Form 1273 -March 10,1994
Lt'3' U~.(;; ~.zh~hi~ A RE:~:~'G1~~;~;RI~Ci, .~tt:schtttc'n~ ; . f'Sc~~; 1'a~r
d. !n the event the union a unable to provide the contractor lob training ~ being required by special provision, the contractor will
with a reasonable flow of minority and women referrals within the be required to cot~ect and report training data. trine limit set forth in the collective bargaining agreement, the
contractor will, through independent recruitment efforts, fill the III. NONSEGREGATED FACILITIES
employment vacanc,es without regard to race, color, religion, sex,
national origin, age or d~sabitity; making full efforts to obtain (Applicable to all Federal-aid construction contracts and to all ,qualified and/or qualifiable minority group persons and women. related subcontracxs of $10,000 or more.)
(The DOL has held that it shat! be no excuse that the union with
which the contractor has a collective bargaining agreement provid- a. By submission of this bid, the execution of this contract or trig for exclusive referral failed to refer minority employees.) In the subcontract, orthe consummation of this material supply agreement
event the union referral pract,ce prevents the contractor from orpurchase order, as appropriate, the bidder, Federal-aid construc-
meeting the obligations pursuant to Executive Order 11246, as tion contractor, subcontractor, material supplier, or vendor, as amended, and these special provisions, such contractor shall appropriate, certifies that the firm does not maintain or provide for
immediately not~y the SHA. its employees anysegregated facil~ies at any of its establishments,
' and that the firm does not pem~it its employees to perfom~ their
8. Selection of Subcontractors, Procurement of Materials services at any location, under its control, where segregated and Leasing of Equipment: The contractor shall not discriminate facilities are maintained. The firm agrees that a breach of this
on the grounds of race, color, religion, sex, national origin, age or certification is a violation of the EEO provisions of this contract.
_ disability in the selection and retention of subcontractors, including The firm further certifies that no employee wilt be denied access to procurement of materials and leases of equipment. adequate facilities on the basis of sex or disability.
a. The contractor shall notify all potential subcontractors and b. As used in this certification, the term "segregated facilities" suppliers of hislher EEO obligations under this contract. means any wading rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, tirneclocks, loc-Ter rooms, and
b. Disadvantaged business enterprises (DBE), as defined in other storage or dressing areas, parking tots, drinking fountains, 49 CFR 23, shall have equal opportunity to compete for and recreation or entertainment areas, transportation, ,and housing
perform subcontracts which the contractor enters into pursuant to facilities provided for employees which are segregated by explicit
;his contract. The contractor will use his best efforts to solid bids directive, or are, in fact, segregated on the basLs of race, color, from and to utilize DBE subcontractors or subcontractors with religion, national origin, age or disability, because of habit, local
meaningful minotlty group and female representation among their custom, or otherwise. The only exception wiU be for the disabled
employees. Contractors shall obtain lists of DBE construction firms when the demands for accessibility ovemde (e.g. disabled parking).
from SHA personnel. c. The contractor agrees that it has obtained or will obtain _f.
c. The contractor will use his best efforts to ensure subcon- identical certification from proposed subcontractors or material
tractor compliance with their EEO obligations. suppliers prior to award. of subcontracts or consummation of material supply agreements of $10,000 or more and that..ii will
9. Records and Reports: The contractor shall keep such retain such certifications in its files.
records as necessary to document compliance with the EEO requirements. Such records shall be retained for. a period of three IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
years. following completion. of the contract work and shall be
available at reasonable times and places for .inspection by autho- (Applicable to all Federal-aid construction contracts exceeding rued representatives of the SHA and the FHWA. 52,0.00. and to all related subcontracts, except for projects located
on roadways classified as-local roads or rural minor collectors,
a. The records kept by the contractor shall document the which are exempt.) following:
1. General:
(1 } The number of minority and non-minority group members and women employed in each work classification on the a. All mechanics and laborers employed or working upon
project; the site of the work will be paid unconditionally and. not less often
than once a week and without subsequent deduction or rebate on
(2) The progress and efforts being made in cooperation any account (except such payroll deductions as are. permitted by with unions,, when applicable, to increase employment opportunities regulations (29 CFR 3) issued by the Secretary of Labor under the
for minorities and women; ~ Copeland Act (40 U.S.C. 216c}1 the full amounts of wages and
_ bona fide fringe benefits (or cash equivalents thereof} due ai time (3) The prooress and efforts being made in locating, of payment.. The payment steal! be computed at wage rates not
hiring, training, qualifyin5, and upgrading minority and female less than those, contained in the wage determination of the
employees; and Secretary of Labor (hereinafter "the wage determination") which is ' attached hereto and made a part hereof, .regardless of any
(4) The progress and efforts being made in securing the contractual relationship which may be alleged to exist between the
services of DBE subcontractors or subcontractors with meaningful contractor or Its subcontractors and such laborers and mechanics. minority and female representation among their employees. Thewagedetermination (including anyadditional classifications and
wage rates conformed under paragraph 2 of this Section IV and the
b. The contractors will submit an annual report to the SHA DOL poster (UVH•1321) or Form FHWA-1493) shall be posted at all each July for the duration of the project, indicating the number of times by the contractor and its subcontractors at the site of the
minority,, women, and non-minority group employees currently work in a prominent and accessible place where it can be easily
engaged in each .work classification required by the contract work. seen by the workers. For the purpose of this Section, contributions
This information is to be reported on Fom~ FHWA•1391. If on-the made or costs. reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 216a) on
Page 3
Form 1273 -March 10,1994
klr~;tiG1~C~:RI~C;. llttachmen: 1'~~:~: Pace 5
(3) Every apprentice must be paid at no! kss than the helper wage rate, who us not a helper under a approved definition,
race specihed in the registered program for the apprentice's level of shall be paid not less than the appi,cable wage rate on the wage
progress, expressed as a percentage of the loumeyman-love! determinatron for the classification of work actually performed. hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the 5. Apprentices and Trainees Programs of the U.S. DOTy:
provisions of the apprenticeship program. If the apprenticeship program does not specity fringe benef~s, apprentices must be paid Apprentices and trainees working under apprenticeship and
the full amount of fringe benefttis listed on the wage determination skill training programs which have been certified by the Secretary
for the applicable classification. If the Administrator for the Wage of Transportation as promoting EEO in connection with Federal-aid and Hour Division determines that a diherent practice prevails for highway construction programs are not subject to the requirements
the applicable apprentice classification, fringes shall be paid in of paragraph 4 of this Section IV. The straight time hourly wage
accordance with that determination. rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices (4) In the event the Bureau o` Apprenticeship and and trainees to journeymen shall not be greater than permitted by
Training, or a State apprenticeship agency recogn¢ed by the the terms of the particular program.
Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize 6. Withholding:
apprentices at less than the applicable predetermined rate for the
comparable work performed by regular employees until an accept- The SHA shalt upon its own action or upon written request able program is approved. of an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract
b. Trainees: or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon
(1) Except as provided in 29 CFR 5.16, trainees will not prevailing wage requirements which is held by the same prime
be permitted to work at less than the predetermined rate for the contractor, as much of the accrued payments or advances as may work performed unless they are employed pursuant to and be considered necessary to pay laborers and mechanics, including
individually registered in a program which has received prior apprentices, trainees, and helpers, employed by the contractor or
approval, evidenced by formal certfication by the DOL, Employ- any subcontractor the full amount of wages required by the
meet and Training Administration, contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working
(2) The ratio of trainees to joumeyman•leveleinployees on the site of the work, all or part of the wages ,required by the
on the job.-site shall not. be greater than permitted under the plan contract, the SHA contracting officer may, after written notice to the approved by the Employment and Training Administration. Any contractor, take such action as may be necessary. to cause the
employee listed on the payroll at a trainee rate .who is not regis- suspension of any further payment, advance, or guarantee of funds
tered and participating in a training plan approved by the Employ- until such violations have ceased. merit and Training Administration shall be pad not less than the
applicable wage rate on the wage determination for the classifica- 7. Overtime Requirements:
tion ofwork actually performed. In addition, anytrainee performing work on the job site in excess of the ratio permitted under the No contractor or subcontractor contracting for any part of
registered program shall be paid not less than the applicable wage the contract work which may require or involve the employment of
rate on the wage determination for the work actually perfomred. laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall (3) Every trainee must be paid at not less than the rate require or permit any laborer, mechanic, watchman, or guard in any
specified in the approved program for hislher level of progress, workweek in which. helshe Ls employed on such work, to work in
expressed as a percentage of the journeyman-level houriy rate excess of 40 hours in such workweek unless such laborer, mechan- specified in the applicable wage determination. Trainees shall be ic, watchman, or guard receives compensation at a rate not less
paid fringe benefits in accordance with the provisions of the trainee than one•and-one-half times halher basic rate of pay for all hours
program. If the trainee program does not mention fringe benefits, worked in excess of 40 hours in such workweek: trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour 8. Violation:
Division determines that there is an apprenticesh~ program associated with the corresponding journeyman-level wage rate on Liability for Unpaid Wages; Liquidated Damages: In the event
the wage determination which provides for less than full fringe of any violation of the clause set forth in paragraph 7 above, the
beneftts for apprentices, in which case such trainees shall receive contractor and any subcontractor responsible thereof shall be liable . the same fringe beneftts as apprentices. to the .affected. employee for hislher unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
(4) In the event the Employment and Training Adminis- States (in the case of work done under contract for the District of tration withdraws approval of a training program, the contractor or Columbia or a territory, to such District or to such territory) for
subcontractor will no longer be permitted to utilize trainees at less liquidated damages. Such liquidated damages shall be computed
than the applicable predetermined rate for the work performed until with respect to each individual laborer, mechanic, watchman, or
an acceptable program is approved. guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee
c. Helpers: was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required Helpers will be permitted to work on a project if the helper by the clause set forth. in paragraph 1.
Gassification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance proce- dure set forth in Section N.2. Any woncer listed on a payroll at a
Page 5
' Form 1273 -March 10,1994
LPP y5•O i Exhihit A REE~+GItiIrERItiG, Attachment f'S~:Ir Pale 7
b. Maintain a rocord of the total cost of al► matena~ and all safeguards, safety devices and protectnre equipment and take
auppl~es purchased for -and incorporated m the work, and ado of any other needed actions as it tletermines, or as the SHA contract~ the quantities of those specific matena~ and supplies fated on ing officer may determine, to be reasonably necessary to protect
Fom~ FHWA-47, and in the un~s shown on Form FHWA•~7, the life and health of employees on the job and the safety of the
public and to protect property in connection with the perfommance
c. Fumtsh, upon the completion of the contract, to the SHA of the worts covered by the contract. resitlent engineer on Form FHWA~1 together with the data
required in paragraph 1 b relative to materials and supplies, a final 2. tt ~ a condition of this contract, and shall be made a condition
labor summary of all contract work indicating the total hours worked of each subcontract, which the contractor enters into pursuant to and the total amount earned. this contract. that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, io work in
2. At the prime contractors option, either a single report surroundings or under conditions which are unsanitary, hazardous covering all contract work or separate reports for the contractor and or dangerous to his/her health or safety, as determined under
far each subcontract shall be submitted. constructtion safety and health standards (29 CFR 1926) promulgat•
ed by the Secretary of labor, in accordance with Section 107 of the VII.. SUBLETTING OR ASSIGNING THE CONTRACT Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
1. The contractor shall performwith its own organization contract 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract work amounting to not less than 30 percent (or a greater percent- that the Secretary of Labor or authorized representative thereof,
age if specified elsewhere in the contract} of the total original shall have right of entry to any site. of contract. performance to
contract price, exduding any spedalty items designated by the inspect otmvestigate the matter of compliance with the construction
State. Specialty items may be performed by subcontract and the safety and health standards and to carry out the duties of the amount of any such specialty items perfommed may be deducted Secretary under Section 107 of the Contract Work Hours and
from the. total original contract price before computing the amount Safety Standards Act {40 U.S.C. 333).
of work required to be performed by the contractor's own organiza- tion (23 CFR .635). iX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
a. "Its own organ~ation" shall be construed to include only fn order to assure high quality and durable construction in workers employed and paid directly by the prime contractor and conformity with approved plans and spedfications and a high
equipment owned or rented by the prime contractor, with or without degree of refiab~ity on statements and representations made by
operators. Such term does not include employees or equipment of engineers, contractors, suppliers, and workers on Federal-aid a subcontractor, assignee, or agent of the prime contractor. highway projects, it is essential that all persons concerned with the
_ projectperfomttheirfunctions ascarefuliy,thoroughly, and honestly
b. "Specialty Items" shall be construed to be limited to work aspossible. Willful falsification, distortion, ormisrepresentationwlth
that requires highly special¢ed knowledge, abilities, or equipment respect to any facts related to the project is a violation of Federal not ordinarily available in .the type of contracting organ¢ations law. To prevent any misunderstanding.regarding the seriousness
qualified and expected to bid on the contract as a whole and in of these and similar acts, the following notice shall be posted on
general.,are to be limsted to minor components of the overall each Federal-aid highway project {23 CFR 635) in one or more contract.. places where it is readily available to all persons concerned with
the project:
2. The contract. amount upon which the requirements set forth in paragraph 1 of Section VII is computed indudes the cost. of NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
material and manufactured products which are to be purchased or HIGHWAY PROJECTS
produced by the contractor under the contract provisions.
18 U.S.C. 1020 reads as follows: 3. The contractor shall famish (a) a competent superintendent
or supervisor who. ~ employed by the firm, has full authority to "Whoever, being an officer, agent, or employee of the United direct performance of the work in accordance with the contract States, or of any•State or Territory, or whoever, whether a person,
requirements, and is in charge ~ of all construction operations association, him, or corporation, knowingly makes any false
(regardless of who performs the work) and (b) such other of its own statement, false representation, or false report as to the character, organ¢ational resources (superv~ion, management, and engineer quality, quantity, or cost of the material used or to be used or the
ing services) as the SHA contracting officer determines is neces• quantity or qualrry of the work performed onto be performed, or the
sary to assure-the performance of the contcat;t. cost thereof in connection with the submission of plans, maps,
_ specihcafions, contracts, or costs of construction on any highway 4. No portion of the contract shall be sublet, assigned or or related project submitted for approve! to the .Secretary of
otherwise disposed of except with the written consent of the SHA Transportation; or
contracting officer, or authorized representative, and such consent when given shall not be construed io relieve the. contractor of any Whoeverknowinglyrnakes any false statement, false repnesen-
responsibility for the fulfillment of the contra. Written consent will lotion, false report or false claim with respect to the character,
be given only after the SHA has assured .that each subcontract is qual~r, quantity, or cost of any work performed or to be performed, evidenced in writing and that it contains all pertinent provisions and or materials famished onto be fumisshed, in connection with the
. requirements of the prime contract. construction of any highway or related project approved by the
Secretary of Transportation; or VIII. SAFETY: ACCIDENT PREVENTION
Whoever knowingly makes any false statement or false repoe•
1. In the performance of this contract the conUactor shall comply senta6on as to material fact in any statement, certificate, or report with all applicable Federal, State, and bcal laws governing safety, submitted .pursuant to provisions of the Federal-ald Roads Act
health, and sanitation {23 CFR 635). The contractor steal! provide approved July 1, 1916, (39 Siat. 355), as amended and supple-
Page 7 Farm 1273 March 10,1994
REE~GI'~~I✓RItiG, Attachment i. ~'S~~: Page y
e. The prospectve lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be Certification Regarding Debarment, Suspension, ineligibility entered into, it shall not knowingly enter into any lower tier covered
and Voluntary Exclusion--Primary Covered Transactions transaction with a person who is debarred, suspended, declared
ineligible, orvoluntarily excluded from participation in this covered The prospective primary participant certifies to the best of ~s transaction, unless authorized by the department or agency with
knowledge and belief, that it and its pnncipals~ which this transaction originated.
a. Are not presently debarred, suspended, proposed for f. The prospective lower'.ier participant further agrees by
debarment, declared ineligible, orvoluntarily excluded from covered submitting this proposal that r will include this clause titled
transactions by any Federal department or agency; "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without b. Have not within a 3-year period preceding this proposal modification, in all lower tier covered transactions and in all
been convicted of or had a civil judgement rendered against them solicitations for lower tier covered transactions.
for commission of ftaud or a criminal offense in connection wish obtaining, attempting to obtain, or performing a public (Federal, g. A participant in a covered transaction may rely upon a
State or focal} transaction or contract under a public transaction; certification of a prospective participant in a lower tier covered
violation of Federal or State antitrust statutes or commission of transaction that is notdebarred, suspended, ineligible, orvoluntarily embeulement, theft, forgery, bribery, falsification or destruction of excluded from the covered transaction, unless it knows that the
records, making false statements, or receiving stolen property; certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. c. Are not presently indicted for or otherwise criminally or Each participant may, but is not required to, check the Nonprocure-
civiily charged by a governmental entity (Federal, -State or local) ment List.
with commission of any of the offenses enumerated in paragraph 1 b of this certification; and h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
d. Have not within a 3-year period preceding this applica- good faith the certification required by this clause. The knowledge tionlproposal had one or more public transactions (Federal, State and infom~ation of participant ~s not required to exceed that which
or focal) terminated for cause or default. is normally possessed by a prudent person in the ordinary course
of business dealings.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective i. Except for transactions authored under paragraph a of
participant shall attach an explanation to this proposal. these instructions, if a participant in a covered transaction knowing-
. ly enters mto a lower tier covered transaction with a person who is ' ' ' ' suspended, debarred, ineligible, or voluntarily excluded from
. participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency 2. Instructions for Certification Lower Tier Covered with which this transaction originated may pursue available
Transactions: remedies, including suspension andlor debarment.
(Applicable to all subcontrac, purchase orders and other lower
tier transactions of X25,000 or r;~ore - 49 CFR 29) • ' ' ' '
a. 8y signing and submitting this proposal, the prospective Certification Regarding Debarment, Suspension, Ineligibility
lower tier is providing the certification set out below. and Voluntary Exclusion-Lower Tier Covered Transactions:
b. The certification in this clause is a material representation 1. The prospective lower tier participant certifies, by submission
of fact upon which reliance was placed when this transaction was of this proposal, that neither it nor its prinapals is presently
entered into. If ~ is Later determined that the prospective lower tier debarred., suspended, proposed far debarment, declared ineligible, participant knowingly rendered an erroneous certification, in orvoluntarily excluded from participation in this transaction by any
addition to other remedies available to the Federal Government, the Federal department or agency.
department, or agency with which this transaction originated may
pursue available remedies, including suspension and/ordebarment. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
c. The prospective tower tier participant steal! provide participant shall attach an explanation to this proposal.
immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns ' ' ' ' '
that its certification was erroneous by reason of changed circum-
stances. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant." "person," (Applicable to al! Federal-aid construction contracts and to all "principal," "proposal," and "voluntarily excluded," as uses in this related subcontracts which exceed S100,000 - 49 CFR 20)
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may 1. The prospective participant certifies, by signing and submitting contact the person to which this proposal is submitted for assts- this bid or proposal, to the best of his or her knowledge and belief,
tance in obtaining a copy of those regulations. that:
Form 1273 -March 10,1994 Page 9
•Fi _,]y~
.r . w.+... w.~/~:. M~~f~.i - p}. ~.4r.Z ..rr...:.. ~r ..:a. .i..::..'. . . ~ +.1~+. . ..J.... dAY'~it. ,a r.. J~J~'~.I^~~ ~~~~~iM .i G..'~"~GOs..~. 'v.~.a4w H. ~ i... x
t 1
General Decision Number CA960032 ~ f
~ Superseded General Decision No. CA950032
State: California
Construction Type:
BUILDING
DREDGING HEAVY
HIGHWAY
County(ies}:
KERN
BUILDING CONSTRUCTION PROJECTS; HEA~IY CONSTRUCTION PROJECTS does ~ . ~
not Include oil well drilling or water well drilling); HIGHWAY
CONSTRUCTION PROJECTS.; DREDGING PROJECTS (does not include hopper.
dredge work)
Modification Number Publication Date
0 03/15/1996
1 04/12/1996
2 04/26/1996 3 05 /.03 / 1996
4 OG/07(,1996,
5 07/05/1996
6 07/12/1996
7 09/27/1996
8 12/20/1996 9 01/ 03 /.1997
rAgAnni) - 1 0 i /n'l ,1aa-7
•s c .~.n. ..4.v.•:rwCs".......~..., .~c i...wr«,...... ...,-..li5r~r.w+k^. ~ w~i'~1.~'.t~n~l' u~.ak..c. .-.ear.. 1
r
i
1
CARP0002B 07/01/1996
Rates Fringes
DIVERS: Diver, wet 52.86 5.10
Diver, stand-by 26.43 5.10
Diver tender 25.43 5.10
CARP0003U 07/01/1996
Rates Fringes CARPENTERS:
Carpenter (including-drywall.
lathing), cabinet installer,
floor worker and acoustical
installer 23.23 5.1.0
Insulation installer:
WOOd frame non-residential- or concrete block or
tilt-up, Types III, IV and
V construction - 1,7.00 4.81
All. other work 23.23 5.10
Shingler 23.6 5.10
Saw filer ~2 3 . ~ i 5.10 T-able power saw operator 23.33 ~ 5.10
Pneumatic nailer or power
stapler 23.8 5.10
Commercial fence builder 20.30 .5..10
Roof loader of shingles
(commercial} 16.5 5.10
Millwright 24.0 5.10 Pile driver; Derrick barge;
Bridge or dock carpenter;
Cable splicer; Heavy framer;
Rock slfinger 23.3 5.10
Head rock Slinger 24.03 5.10
Rock barge or scow 23.83 5.10
CARP00040 11/01/1993
Rates Fringes
TILE FINISHER:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake 16.98 3.40 Remainder of County 13.8 3.40
ELECOOIIG 12/01/1992
Rates Fringes.
COMMUNICATIONS AND SYSTEMS WORK:
COMMUNICATIONS & SYSTEMS:
Installer 16.5 3% + 3.40
_ ,...a.~..~:b.:.._,... . _ _ . ~ ~ . ~ .
Remainder of County:
Work on structures defined as
areas to which the public has
access) that do not exceed
6,000 sq, ft. and .that. do not exceed 3 stories 13.75 4.25% +2.75
Tunnel work:
Electrician 27.30 4.25% +6.30
Cable splicer; Heliarc welding 30.025 4.25% +6.30
All other work:
Electrician 21.84 4.25% +6.3
0 Cable splicer; Heliarc welding 24.02 4.25% +6.30
ELEC0428B 03/O1f1996
Rates Fringes LINE CONSTRUCTION:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake: Ground person/Truck driver 21.13 4.25% +6.30
Line technician; Heavy
equipment operator. 26.59 4.25% +6,30
Cable splicer 28.7? 4.25% +6.30
Remainder of County: Ground person/Truck driver 16.38 ~ 4.25% +b.30
Line technician; Heavy
equipment operator 21.84 4.25% +6.30
Cable splicer 24.02 4.25% +6.30
ELEC1245A 06/01/1996
Rates Fringes OUTSIDE UTILITY TRANSMISSION WORK:
Line worker; Cable splicer 27.54 4.5% +6.50
Powder worker 26.16 4.5% +6.50
Ground person 17.90 4.5% +6.50
Line worker, welding 28.92 4.~5% +6.50
SCOPE OF WORK:
All outside work on electrical transmission lines, switchyards
and substations, and outside work in electrical utility
f~4 A a a An 47 n a 0% I A~k 0% It da 0% 0% 4--v
w, _
1
GROUP ? 2;5.17 9.8 9
GROUP 8 25.34 9.89
GROUP 9 25.51 9,gg t GROUP 10 26.51 g,gg
GROUP 11 27,51 g,89
GROUP 12 28.51 9.89
GROUP 13 29.51 "g,gg
TUNNEL GROUP:
GROUP 1 24.79. 9.89
GROUP 2 25.08 9.89
GROUP 3 25.22 9.89
GROUP 4 25.44 g,gg
GROUP 5 25.55 9.89
GROUP 6 2 5.6 7 9.8"9 GROUP 7 25.97 _ 9.89
DREDGING:
Hydraulic suction dredges:
Lever person operator 27.46 g,gg
Deckmate; Watch engineer; Welder 25.38 9.89 Winch (stern winch on dredge} .24.83 g,gg
Bargehand; Deckhand; Fire
person-oiler; Leveehand 24.29 9.89
Dozer 25.49 9.89
Clamshell dredges:
Leven person operator 27.46 9,gg Watch engineer; Deckmate ~ 25,38 g,gg
Barge mate 24.90 9.89
Bargehand;`Deckhand; Fire
person-oiler 24.29 9.89
POWER~EQUIPMENT QPERATOR CLASSIFICATIONS
GROUP 1: Barge, brake, compressor operator, Ditch Witch, with
seat or similar type equipment, elevator operator - inside,
engineer oiler, generator operator, generator, um or com resso p p p r
plant operator, pump operator, signal, switch
GROUP 2: Concrete mixer operator -skip type, conveyor
operator, fire person, hydrostatic pump operator, oiler crusher
(asphalt or concrete plant), skiploader {when wheel type up to
3/4 yd. without attachment), soils field technician, tar pot
fire person, temporary heating plant operator, trenchin machine g operator
GROUP 3: Equipment greaser (rack}, Ford Ferguson {with drat e
g Yp attachments), helicopter radio (ground), power concrete curing
machine operator, power concrete saw operator, power - driver
P7
- . . ve.~r. v...,
pneumatic concrete placing machine operator (Hackley-Presswell or
similar type), pumpcrete operator, rotary drill operator
(excluding caisson type), rubber-tired earth-moving equipment operator (single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. up to and
including 50 cu. yds. struck), rubber-tired earth-moving
equipment operator (multiple engine up to and including 25 yds.
struck), rubber-tired scraper operator (self-loading paddle wheel
type -John Deere, 1040 and similar single unit), self-propelled
curb and gutter machine operator,. skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including b-1/2 yds.},
surface heater and planer operator, tractor compressor drill
combination operator, tractor operator (any type larger than D-5
- 100 flywheel h.p. and over, or similar - bulldozer, tamper,
scraper and push tractor single engine), tractor operator (boom
attachments), traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator
GROUP 8: Heavy-duty repair person (r~.ulti-shift)
GROUP 9: Drilling machine operator, bucket~or auger types
(Caldwell 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar types -
drilling depth of 105' maximum), dual drum mixer, heavy-duty repair-welder combination, monorail locomotive operator (diesel,
gas or electric), motor patrol - blade operator (single engine},
multiple engine tractor operator (Euclid and similar type -
except Quad 9 cat.), rubber-tired earth-moving equipment, operator
(single engine, over 50-yds. struck),- rubber-tired earth-moving
equipment operator (multiple engine, Euclid. Caterpillar and similar over 25 yds. and up to 50 yds.), tower-crane repair
person, tractor loader operator (crawler and wheel type over 6-
1/2 yds.}, Woods mixer operator (and similar pugmill equipment)
GROUP 10: Heavy-duty repair-welder combination .(multi-shift)
GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwell, auger
200 ,CA or similar types - Watson auger 6000 or similar types -
drilling depth of 175' maximum), hoe ram or .similar with
compressor, mass excavator 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-
cont rol earth-moving equipmeU~~t operator, wheel excavator operator
ten, _ o ni /n'I /1an-7
_ .
' ,.r,.....,;.e.Y......wsi.~:...: ~~_.,.,~,..t.,,.e...., *.cn... ..........«.a.,o.c.:. :_...a..~i~+-..~w.: ~A ~.~.S~.~x.'4~.~..w. ~a..~........
t
any and all attachments over 25 yds. and up to and including 50
y ~ ds. struck rubber-tired earth-moving equipment operator,
operating with the tandem push-pull system (multiple engine, up
to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single,
engine, over 50 yds. struck), rubber-tired earth-moving equipment
operator, operating equipment with the tandem push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds.
and up to 50 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (multiple
engine, Euclid, Caterpillar and similar type, over 50 cu. yds.
struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; .Fork lift operator (under 5 tons
capac itY)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier operator
(jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Stinger crane (Austin-Western or similar type); Tugger
hoist operator (1 drum)
GROUP 6: Bridge crane operator,; Cretor crane operator; Fork
lift operator (over 5 tons); Hoist operator Chicago boom and .
similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Shovel,
backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5
cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dra~gline,
clamshell operator (over 5 cu. yds. mrc); Tower crane repair;
Tugger hoist operator (3 drum}
GROUP 8: Crane operator (up to and including 25 ton capacity);
Crawler transporter operator; Derrick barge operator (up to and
including 25 ton capacity); Hoist operator, stiff legs, Guy
derrick or similar type (up to and including 25 ton capacity);
Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc)
GROUP 9: Crane operator (over 25 tons and up to and including
„Im nA~ nna% -1 d% n11 inIN /,I rtn-y
~...a.1.oi~✓..L~a..er ....,ems:.. :~..~a:.;~:Yw`c, x'... ~ : _..ra x-~..`4YK~~: .,p:.,4ea4k.=sd..rc..a.wns:'~7o.: l.:.zd:d~.t...t.~A.~:.d'i~~ u: 'fn.c..c. ~
I
Tractor compressor drill combination operator; Tugger hoist
operator ~2 drum); Tunnel locomotive operator hover 30 tons)
GROUP 6: Heav -dut re air welder combination Y Y p /
GROUP 7: Tunnel mole boring machine operator
* IRONOOOIF 01/01/1997
Rates Fringes
IRONWORKERS: Ornamental, reinforcing and
structural 22.34 12.56
Fence erector 21.45 12.56
LABOOOOIB 07/01/1996
Rates Fringes BRICK TENDER 17.21. 9.11
LAB00002B 01/01/1992
Rates Fringes
PLASTERER TENDER:
Edwards Air Force Base;-Elk Hills Naval Reserve; and Naval Air
Weapons Station, China Lake 18.64 7.91
Remainder of County 14.96 7.91
LAB00002H 07/01/1996
Rates Fringes LABORERS:
GROUP 1 '16.96 9.11
GROUP 2 17.36 9.11
GROUP 3 17.56 9.11
GROUP 4 18.61 9.11
GROUP 5 ~ 18.81 9.11 .
TUNNEL LABORERS:
GROUP 1 19.87 9.11
GROUP 2 19.99 9.11.
GROUP 3 20.15 9.11
GROUP 4 20.43 9.11
GUNITE LABORERS:
GROUP 1 19.86 10.21
GROUP 2 18.91 10.21
GROUP 3 16.40 10.21
HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT):
Housemover 15.50 8.38
Yard maintenance person 15.25 8.38
10% 1„/0% 0% AA ww
..~+w.waaua6:. ; ~ . _ ..:,s.:~._ +~en..i..vte ~ ~
and similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, .grouting, making of joints,
sealing, caulking, diapering and including rubber gasket joints,
pointing and any and all other services; Rock slinger; Rotary
scarifier or multiple head concrete chipping scarifier; Steel
headerboard and guideline setter; Tamper, Barko, Wacker and
similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer and asphalt
spreader boxes (all types}; Concrete core cutter (walls, floors
or ceilings), grinder or sander; Concrete .saw person, cutting
walls or flat work, scoring old or new concrete; Cribber, shorer,
lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt-rubber distributor boot
person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator., 70 lbs. and over; Pipelayer~
performing all services in the laying and installation of pipe
from the point of receiving pipe in the ditch until completion of
.operation, including any and alI forms of tubular material,
whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any
substance or element, whether water, sewage, .solid gas, air, or
other product whatsoever and without .regard to the nature of
material from which the tubular material is fabricated; No-.joint
pipe and stripping of same;. Prefabricated manhole installer;
Sandblaster (nozzle person), water blasting, Porta Shot-Blast;
welding in connection with laborers' work
GROUP 5: Blaster powder, all work of loading holes, placing and
blasting of all powder and explosives of ~~hatever type,
regardless of method used for such loading and placing; Driller:
All power drills, excluding jackhammer, whether core, diamond,
wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power;
Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Bull gang mucker, track person;
Changehouse person; Concrete crew, including rodder and. spreader;
Dump person; Dump person (outside); Swamper .(brake person and
switch person on tunnel work}; Tunnel materials handling person
GROUP 2: Chucktender, cabletender; Loading and unloading. agitator cars; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation, shotcrete);
Vibrator person, jack hammer, pneumatic tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner,
t
I
work) (not applicable to any , phase of the aerospace
industry or to hotels which
operate commercial establish-
ments as part of the hotel. .
service) 16.70 5.53
All other work 18.70 5.53
PAIN0036X 07/01/1996
.Rates Fringes
DRYWALL FINISHER 20.61 5.49
PAIN01698 07/01/1996 Rates Fringes
GLAZIER 22.29 7.49
PAIN1176B 04/01/1993
Rates Fringes
PARKING LOT STRIPING WORK AND/oR HIGHWAY MARKERS: .
GROUP 1 19.93 5.67
GROUP 2 18.93 5.67
GROUP 3 16.94 5.67
GROUP 4 19.93 5.67 GROUP 5 1b.94 5.67
Service person (maintenance
and repair of equipment)
(on j obs ite only) 11.9 6 5.2 5
Slurry seal work: Sealer/mixer 14.89 3.66
Applicator operator,
shuttle person and
squeegee person 13.18 3.66
Traffic surf ace
protective coating applicator 15.51 3.66
PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS
GROUP 1: STRIPER: Layout and application of painted traffic
stripes and marking; hot thermo plastic; tape traffic stripes and marking
GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and
application of pavement markers, delineating signs, rumble and
traffic bars, adhesives, guide markers; other traffic delineating
devices; includes all related surface preparation (sandblasting,
e. a
py~~~~., ,r +>>a~.,_....;~..+:' , _ ~ _,.,YR"Sl:~ud4:r.., W......,. .....t...~a1~u..t.aa.Jsc,ba.~xti.wlirhnu4lrtsa.rt......~.~._...
cutting scoring and sawing ,
new concrete, plugging,
filling Shee-bolt holes; dry
packing concrete and EMBECO;
tending material hose on slabs, floors and decks;
tending mixer-truck chute on
slabs, floors and decks;
bush hammering; patching and
sacking, sodding, tamping,
Bidwell and similar type
sodding machines, bull. floating; Curb and gutter
machine operator; Clary and
similar type of screed
operator (cement only);
Grinding machine (all types};
Jackson Vibratory, Texas Screed and similar type
screed operator; Scoring
machine operator 20.26 10.25
Cement mason (magnesite,
magnesite - terrazzo and
mastic composition,. epoxy, .
urethanes and exotic - coatings, Dex-~-Tex} 20.38 10.25
Cement mason floating and
troweling machine operator 20.51 10..25
PLAS0191B 03 / 01/ 1994 Rates Fringes
PLASTERERS:
Plasterer 16.92 5.91
Nozzle operator. 17.05 ~ .5.91
PLUM0355B 07/01/1996 Rates Fringes
LANDSCAPE FITTER; UNDERGROUND UTILITY
WORKER 22.00 3.00
PLUM0460D 01/01/1996 Rates Fringes
PLUMBER; STEAMFITTER: ~ .
Encompasses all the central valley:
Bakersfield, Lamont, Arvin,
Frazier Park, Taft, Shafter,
Wasco, McFarland and Deleano 22.81 7.48
Encompasses Kerrville, T~~achapi,
Lake Isabella, Mohave, a~~~onolith
i+ ~e. ~ n~ n 1 n A l / n '1 / 1 n /1 '7
"'ST OF HWY, Rates Frin es #395 FROM RED MOUNTAIN~TO THE g
INYO COUNTY LINE
~~EET METAL WORKER: might commercial work
(10, 000 sq, ft, or .less
X11 oth ~ 13.52 2.25 er work 22.54
8.14
?AMOOIID 07/01/1996
''CK DRIVERS: Rates Fringes
:dwards Air Force Base•
Air We and Naval aeons Station, China Lake:
GROUP 1
GROUP 2 20'79 11.74
GROUP 3 20.94 11.74 GROUP 4 21.07 11.74
GROUP 5 21.12 11.74
GROUP 6 21.20 11.74.
GROUP 7 21.32 11.74
GROUP 8 21.57 11.74
GROUP 9 22.02 11.74 GROUP 10 22.32 11.74
22.82 11.74
~mainder of Count :
1ROU y P 1 18
1ROUP 2 '79 11.74
3ROUP 3 18.94 11.74 1ROUP 4 19'07 11.74
iRQUP 5 ~ 19.12 11.7.4 _
CROUP 6 19,'...2 0 11.7 4
JROUP 7 ~ .19.32 11.74
?ROUP 8 19.57 11..74
1ROUP 9 20'02 ~ 11.74
JROUP 10 20.32 11.74 20.82 11.74
TRUCK DRIVER CLASSIFICATIONS
CROUP 1: .Truck driver
~ i CROUP 2 : Driver of vehic
le or combination of vehicles - ~ ~ ~ , ; Pilot control car movie heav 2
~m g Y equipment; Truck-mounted
~ ~ . JROUP 3 : Driver of veh' icle or combination of vehicles -
t ~ ~ ~ ; Boot person ; Cement mason dis ~ 3
''-r' Water truc - tribution truck; Fuel truck, k 2 axle, Dump truck, less t Erosion control driver han 16 yds. water
CROUP 4: Driver of transit mix t
ruck, under 3 yds.; Dumpcrete
CA960032 - 21 01/nI/ioo~
_.._._,T. ~
* a wage and Hou
r Division letter se p°sition on a wa e ~ tting forth
* a confo g determination a rmance additional matter
ruling classification a nd rate ~
~~n survey related m
nor su afters, initial cont mmaries of surVe s act, includin
~'egional Office y ~ should be with the g requests for the area in wh. Wage and Hour
bQcause those Re ~ ich the su glonal Offices have re rVey was conducted
Davis-Bacon surve sponsib' ' ontact Y program. If the pity for the
is not satisfactor response from this i °nd 3•) should be f Y. then the process nitial
ollowed, described in 2,
W' th regard to a
process des ~ ray °ther matter not e cribed here, initi y t ripe for the for of~ Construction Wa al contact should mal
ge Determinations, be with the Branc
Write to: h
Branch of Construct'
Wage and Hour 10n Wage Deterr1inatio Division ns U• S. Department o
200 Const' ~ f Labor itutlon Avenue, N. W
Washington, D, C. •
20210 ?•1 If the answe.
intereste r t0 the question i.n 1 ' party (those affec is YeS, then a
review and reconsid ted b~y the action n
(St,e. 2g CF erasion from the W ) can request R Part 1.8 and 29 ~ age and Hour Admin'
FR Part 7 ) . Write zstrator ~o.
Wage and Hour Admi .
D•S• De artm nistratar .
2 p ent of Labor 00 Constitution Ave
Washington, D• nue, N. ta. Th C• 20210
e request should be interested accompanied by a fu
party~s position and ll statement of t data project d ~ ~ by any inf he
re escrlption, area ormatlon (wage payment questor considers re Practice material
levant to the iss ~ etc.) that the ue.
3 • ) If the decis'
irate 1°n °f the Administrat rested -party may a e °r is not favo Board (formerl pp al directly to th rable
e Administra an. Y the Wage Appeals 8 t~.ve Re '
oard~. Write to; V1ew
Administrative Rev' .
U• S. De artm lew Board
2 00 p ent ° f Labor _ Constitution Avenue
Washington, D, ~ N• W• 20210 4.~ All dec1S10ns
by the Administra
END t1Ve Review Board a OF GENERAL DECISION re final.
CA960032 - 23
01/03/1997