HomeMy WebLinkAbout1997 Special Provisions Project T5K051CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS,
BID PROPOSAL AND CONTRACT
FOR
INSTALLATION OF TRA~~'IC SIGNAL
INTERCONI~TECT ON TRUXTUN AVENUE -
EMPIRE DRIVE TO 530' WEST OF
OAK STREET
CML-5109 (034)
BID OPENING:
DATE May 28, 1997
TIl1~IE 11:00 A.M.
PROJECT NO. TSK051
CITY OF BAKERSFIELD Q~O~ESSIQN - r ~ .
PUBLIC WORKS DEPARTMENT ~Q~~Q~EN L.
ANNEX BUILDING, 2ND FLOOR ~ ~ m 1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301 N0.32300 ~
Project Engineer: Ryan Starbuck
Telephone: (805) 326-3993 P_ EXP.f2.3~'D~
Filename: G:\PRO7ECfS~RYAN\TSKO51
~~q~^C IV ` cOF'~P
CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTi_CE TO CONTRACTORS ,
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing O~cer, City Hall, 1501
Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on May 28, 1997, to be publicly opened and read
immediately thereafter in the City Council Chamber, for the following work:
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT ON TRUXTUN AVENUE -
EMPIRE DRIVE TO 530' WEST OF OAK STREET CML-5109 (034)
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer
by posting a refundable deposit of o, o o) for each complete set. Refund of deposit will be made provided the plans and
specifications are returned to the Purchasing Officer withintwenty-one (21) days from date of bid opening and the documents
are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but
not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth
under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications.
Each bid must be accompanied by the following items:
a. A proposal guarantee in accordance with the requirements of Section 2-1.07, "Proposal Guaranty", of the
Standard Specifications;
b. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification;
c. Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;
d. Noncollusion Affidavit;
e. 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 form entitled "Escrow agreement for Security Deposits in Lieu of
Retention", included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded.
The proposed work shall be done in accordance with the Standard Specifications of the Department of Transportation, Business,
Transportation and Housing Agency, dated July, 1992, insofar as the same may apply.
This project is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor are set forth
in the special provisions. )?pursuant to Part 7 of Division 2 of the California Labor Code (Section 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.
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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 thy; 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 and removal and construction of
concrete sidewalk and wheelchair ramp and placement of asphalt concrete. ,
CITY OF BAKERSFIELD
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RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
1- D ITI T
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 y 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.
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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 l 1:00 0' clock A. M. on May 28, 1997, sealed proposals for: ,
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT ON TRUXTUN AVENUE -
EMPIRE DRIVE TO 530' WEST OF OAK STREET CML-5109 (034)
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 y expedient by the Engineer.
2-1.03 EXANi)fNATION 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 ACTION OF PROPOSALS CONTAIlVING 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 two {2) sections, the first section for that portion of .work which is
federally funded, the second section for that portion which is not federally funded. The Bidder shall indicate the sub-total for
. each section and the project total on the appropriate lines in the proposal form.
2-1.06 BIDDER'S GUARANTEE, All bids shall be presented under sealed cover and shall be~ accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10 of the amount of said bid,
and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQ[1IRED 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 lh of one
percent of his total bid or ten-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.
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.
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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 DBIWBE Participation; and
• Certification for Federal Aid Contracts.
2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications J 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. i0 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public
notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing Department. The
written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly authorized representative.
The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly
at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn
after the time fixed in the public notice for the opening of bids.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated
in the "Notice to Contractors". Bidders or their authorized agents are invited to be present.
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107,
inclusive,-concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the opening of the bids of the alleged
mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows:
Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person 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.
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.
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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 "Minority/Disadvantagedlwomen Business Enterprise Joint Venture";
e. A DBE must perform a commercially usefitl function, i.e., must be responsible for the execution of a distinct
element of the work and must catty 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 (b0 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 hisser 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 may be obtained from the DEPARTMENT OF TRANSPORTATION. Material Operations Branch, Publication Distribution Unit 1900 Royal Oaks Drive, Sacramento, California
95815, Telephone (916) 445-3300;
i. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this
contract and may result in termination of the contract or other appropriate remedy for such breach.
j. Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women.
2-1.15 DBE GOAL FOR THIS PROJECT. The Department has established the following goal for disadvantaged businesses
(DBE) participation for this project.
DISADVANTAGED BUSINESS (DBE) ten percent (10 %
It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure
meeting the goal for DBE participation.
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The Department has contracted with the following organization to assist DBE's in preparing bids for subcontracting or
supplying materials:
TRIAXLE MANAGEMENT SERVICES, INC. - LQS ANGELES
2594 Industry way, Suite 101-A Lynwood, CA 902b2
Telephone: (310) 637-1387
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 perfornr
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 XN, 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 g~~arantee payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and material
men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in
writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally
required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional
surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with
the contract bonds and ~ required insurance documents, within ten (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 helduntil the contract has been finally executed, after which they will be returned to the respective
bidders whose proposals they accompany.
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SECTION 3-2 SUBMISSION OF DBE INFORMATION.
AW R * AND EXECUTION OF CONTRACT
3-2.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract";
of the Standard Specifications and these special provisions for the requirements and conditions concerning submittal of DBE
information, award, and execution of contract.
The required DBE information shall be submitted on the "BIDDER -DBE INFORMATION" form included in the proposal.
If such DBE information is not submitted with the bid, the DBE information form shall be removed from documents prior to submitting the bid.
> It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to
bidding, the bidder made good faith efforts to do so.
3-2.OlA DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful .bidder (low bidder) the second low bidder and the third low bidder shall submit DBE information to the office at which bids were received
so the information is received by the Department no later than close of business on the fourth day, not including Saturdays,
Sunday and legal holidays, following the bid opening. DBE information sent by certified mail and postmarked on or before
the third day not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received
after said fourth day following bid opening. Failure to submit the required DBE information by the time specified will be
grounds for finding the bid or proposal non-responsive. Other bidders need not submit DBE information unless requested to
do so by the Department. When such request is made, the DBE information of such bidders shall be submitted so the information is received by the Department no later than close of business on the third day, not including Saturdays, Sundays
and legal holidays, after said notification, unless a later time is authorized by the Department.
The bidders DBE information shall establish that the DBE goal will be met or that a good faith .effort to meet the goal has been
made.
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
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subcontractor or supplier. Since the utilization of available DBE's is expected, only significant price
differences will be considered as cause for rejecting such DBE bids.
e. Assistance that the bidder has extended to DBE's identified in (d) above to remedy the deficiency in their,
subbids.
f. Any additional data to support a demonstration of good faith effort, such as contacts with DBE assistance
agencies.
3-2.O1B AWARD OF 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, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract.
3-2.02 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the Contractor in
response to the requirements in the section of these special provisions entitled "Submission of DBE Information, Award, and
Execution of Contract", which are determined by the Department to be certified DBE's, shall perform the work and supply
the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with
other forces or to obtain the materials from other sources.
Authorization to utilize other forces or sources of materials may be requested for the following reasons:
a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written
contract, when such written contract, based upon the general terms, conditions, plans and specifications for
the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor.
b. The listed DBE becomes bankrupt or insolvent.
c. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials.
d. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE
subcontractor fails or refuses to meet the bond requirements of the Contractor.
e. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial
conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting
the progress of the work.
f. It would be in the best interest of the City.
The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed
DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer.
3-2.03 DBE RECORDS. The Contractor shall maintain records of all subcontracts entered -into with certified DBE
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.
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.
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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(I~, "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. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work", Section 8-l.Ob, "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 20 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 $250 dollars 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.
M
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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 2039b 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 motion 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 fi le ~ and available for inspection
in the Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect
payroll records during normal working hours and shall have the right to question workers at any time concerning the wages
being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract.
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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.
3
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-I.OIA(3), "Payroll Records", of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(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-I.OIA(5), "Apprentices", of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6,
and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall
submit one of the following:
a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS". This request shall be submitted to the
local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each
Subcontractor's letterhead or DAS 140, enclosed with these specifications.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations,
Division of Apprenticeship Standards.
c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS
($25,000) for excavation of any trench or 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.
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.
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5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-I.OII, "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 b:00 A.M., shall not exceed eighty-six,
(8b) 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 confornung 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 PERNIITS 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 th, rou h
Friday. 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 a nine and one-half (9.5) hour work day, or
on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be
withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and
National laws, and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged
or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR' S INSUURANCE. 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 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.
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b. Broad form .commercial Qeneral 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.
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 7-1.1b5, "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 incompliance 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
18
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 SUSPENSIQN 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.
5-1.20 PAYIVI,ENTS. Attention is directed to Section 9-1.Ob, "Partial Payments", and Section 9-1.07, "Payment After
Acceptance", of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.21 FINAL PAYIVIENT. 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 andlor 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
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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.
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 shill 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 -CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials", of the Standard
Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery
is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination
f 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 6-1.07, "Certificates of Compliance", of the
Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
6-1.44 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface
Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said
law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this project
shall occur in the United States.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance", of the Standard
.Specifications, shall be furnished for steel materials. The certificates, 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 TIIE STATE OF CALIFORNIA. The City has been issued a permit for work within the State
Highway right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's Warne:
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.
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.
7-1.02 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 andlor wiring and replacement of damaged plant material
at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be
responsible for maintaining the health of plant material in the area for the duration of irrigation interruption.
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.
PAYIVIENT. 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.
7-1.03 MAINTAIl~IING 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:
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Lane closures shall be allowed only between the hours indicated below, Monday through Friday, except legal
holidays.
Street Direction of Travel Hours
Truxtun Ave. Eastbound/Westbound 8:30am-4:30pm
Where construction operations are actively in progress, a minimum of one traffic lane for each direction of travel shall
be open for use by public traffic. Such lanes shall not be less ,than twelve (12) feet in width.
Where construction operations are g~ 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 distances 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.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit
prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.04 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities", of the Standard Specifications and these special
provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street. markers shall be
relocated.-and maintained during construction so as to convey the same intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101
Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit
prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.05 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.
7-1.06 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:
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a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit
dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In residential areas,
a self-contained, pick-up type, power broom with water distribution system shall be used.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control
of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit
prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.07 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway", of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard Specifications,
the following shall apply:
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess 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 andlor objectionable material from the affected areas. However, in residential areas, when a broom is used,
a self-contained, pick-up type, power broom with water distribution system shall be used.
PAYNI'ENT. 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.
7-1.08 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, sidewalks, wheelchair ramps, cross drains, drive approaches,
driveways, and median curbs complete in place, including but not limited to, sawcutting, excavation, compaction, concrete
removal, pavement removal and driveway tie-in, as shown on the plans, as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer.
7-1.09 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and
these special provisions. Conduit shall be PVC Schedule 40 of Standard Iron Pipe Sizes.
7-1.10 M[1LTIDUCT 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.
24
The conduit shall be Schedule 40 PVC. Each innerduct shall be 1.15 inch (I.D. minimum), manufactured from polyethylene
or PVC. For alignment purposes, one innerduct shall be a different color than the others and shall be consistent for the project.
UL listing is not required.
PVC innerduct shall be pre-lubed and have a wall thickness of 0.06-inch minimum.
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. T
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.
7-1.11 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 nominal 20' 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.
The multi-conduit system shall be connected by the "spacer method." Spacers shall be located at approximately every 281/2".
The spacers shall provide a minimum of 518" separation between ducts. All spacers shall be of high impact thermoplastic
"ABS"material. The spacers shall be 4"X4" and allow for the removal of one or more conduits from the multi-conduit system
in the field.
7-1.12 CONDUIT AND INNERDUCT SEALING PLUGS. Except as otherwise noted, all empty conduits and empty
innerducts shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust and water into
these conduits and their included innerducts. Sealing plugs shall be installed within each splice vault of pull box.
Sealing plugs shall be removable and reusable. Plugs sealing innerducts shall be the split type.
Sealing plugs that seal the innerducts shall seal each innerduct individually with appropriate sizes- and configuration to
accommodate empty ducts.
Sealing plugs used to seal conduit and innerducts shall be capable of withstanding a pressure of 5 psi.
A sealing plug that seals an empty conduit or innerduct shall have an eye or other type of capturing device (on the side of the
plug that enters the conduit) to attach onto the pull rope, so the pull rope will be easily accessible when the plug is removed.
Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid for Traffic
Signal Interconnect and no separate payment will be made therefor.
7-1.13 CONDUIT INSTALLATION. Conduits may be installed by either jackingldrilling or open trench methods.
Installation using jacking or drilling shall conform to Section 8b-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 have a minimum
depth of 24 inches below finished grade.
25
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a two (2) sack slurry
cement backfill. 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 backfilled 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 than b" 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 (b00)
feet in advance of the pipe or conduit placed therein.
7-1.14 P[TLL BOXES. Pull ~ boxes shall conform to the provisions in Section 86-2.Ob, "Pull Boxes," of the Standard
Specifications and these special provisions.
All pull box assemblies shall include one knockout for 4" conduit and one knockout for 4" multi-duct conduit on all sides to
accommodate installation of conduit. Should an approved alternate .multi-duct conduit assembly be chosen by the Contractor,
the knockout for 4" multi-duct conduit at each end may be substituted by a larger size to accommodate this alternate conduit assembly.
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.
7-1.15 TRAFFIC SIGNAL IlVTERCONNECT. A pull rope conforming to Section 86-2.05C "Installation", of the Standard
Specifications shall be included in all interconnect conduit (including all innerducts) for installation of future conductors.
PAYMENT. Full compensation for installing Traffic Signal Interconnect including conduit, (PVC, Multiduct Conduit or
Multi-Conduit System), conduit and innerduct sealing plugs, pull boxes, 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 (4" PVC) or Traffic Signal Interconnect (4" Multiduct Conduit), and no additional compensation wily be allowed therefor.
26
PROPOSAL
FOR
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT ON TRUXTUN AVENUE - .
EMPIRE DRIVE TO 530' WEST OF OAK STREET CML-5109 (034)
To the City Clerk of the City of Bakersfield: .
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of
the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal
is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary
machinery, tools, apparatus. and other means of construction and to do all the work and furnish all the materials in accordance with the
plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified ~n the
contract, in the manner a~xi time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of
insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the
City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and
the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another
bidder.
ITEM ESTIMATED UNIT OF ITEM ~ UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) .PRICE (in figures) .
1. 1 LS Finishing Roadway
2. 1. EA Minor Concrete (Wheelchair Ramp) ~ .
3. 2,200 LF Traffic Signal Interconnect (4" Multiduct conduit)
4. 2,200 LF 4" PVC Blank Conduit
5. 90 LF Traffic Signal Interconnect (3" PVC1
Signed TOTAL $
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
Company
Address
P.O. Box
City
•
State, Zip Code
Area Code Telephone No.
License No./Expiration Date
Page 1 of 3
Z7
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT ON TRUXTUN AVENUE -
EMPIRE DRIVE TO 530' WEST OF OAK STREET CML-5109 (034)
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) andlor 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 of one-half of one percent (O.S 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)
Page2of3
l
28
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT ON TRUXTUN AVENUE -
EMPIRE DRIVE TO 530' WEST OF OAK STREET CML-5109 (034)
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 are as follows:
IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary,
treasurer, and manager thereof; if a copartnership, state true name of fain, also names of all individual copartners composing fain; if bidder or other
interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers .authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with;
.the signature of the partner or partners authorized to sign contracts ,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 Attorney must be on
file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
. ~
Date
Page 3 of 3
29
BIDDER' S BOND
(To Accompany Proposal)
(Not necessary if cash or certified check is with bid}
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound
unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of
dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves,
our heirs, executors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS
attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors
and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver
the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that
said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and
effect.
IN WITNESS WHEREOF, we have hereunto set our hands aad seals this day of , 19
(Seal)
(Seal)
(Seal)
Page 1 of 2
~~30
STATE OF CALIFORNIA )
ss.
Cov~vTY of )
pn 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) islare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislherlthei~r authorized
capacity(ies), and that by his/herltheir 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 t1~e 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.
CAPACTf Y CLAIlVIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER Title or Type of Document
Title(s)
❑ PARTNERS(S) ❑ LII~iITED
❑ GENERAL
Number of Pages
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANlCONSERVATOR
❑ OTHER:
Date of Document
SIGNER IS REPRESENTING:
Signer(s) Other than Named above " ~ =
NAME OF PERSON(S) OR ENTITY(ES)
Page~2 of 2
31
To the State of California, Department of Transportation.
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 710b)
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not r
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 contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been
convicted of any offense referred to in the California Public Contract Code.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Page 1 of 1
32
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The Bidder, under penalty of perjury, certified that, except as noted below, helshe or any person associated therewith in the
capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past
three (3) years;
Does not have a proposed debarment pending; and
Has not been indicated, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in~any
matter involving fraud or official misconduct within the past three (3) years.
If there are any exceptions to the Certifications, insert the exceptions in the following space: .
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For 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
r. ~ „ '
Page 1 of 1
33
. CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION BY
DISADVANTAGED BUSIr~ESSES IN SUBCONTRACTING
(Complete and submit with Proposal) ,
Contract No.
POLICY. It is the policy of the City of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23) shall have the t
m opportunity to participate in the performance of projects financed in whole or in part with Federal funds. The disadvantaged
businesses requirements of 49 CFR Part 23 apply to this agreement and the work to be performed pursuant to this agreement.
OBLIGATION. Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 23) shall have the maximum
opportunity to participate in the performance of subcontracts for work financed in whole or in part with the Federal funds provided
pursuant to this agreement. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23
to ensure that disadvantaged businesses have the maximum opportunity to compete for and perform subcontract work. Additionally,
Contactor ,tees 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 acuo~ance with the above described policy and obligation and the provisions of Section 2-1.14, "DBE Goals for This Project", and
Section 6-2, submission of DBE information, award, and execution of contract of the special provisions of this contract, affirmative
action has been taken to seek out and consider disadvantaged businesses for the portions of the work which are intended to be
subcontracted and that such. affirmative actions are fully documented in mylour records and are available upon request. 'In addition, Ilwe will take such affirmative action on any future subcontracting relating to this contract.
Dated
Contractor
Page 1 of 1
34
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Certification for Fcderal Aid Contracts
The prospective P;UticiP;int ccrtific~, by ~igtiing ;incl suhmitting tlti~ hicl or prnrrc~~,~l, to the heat aC h;c cr her
kttowlc~l~c a~>v lx;licC, tlt;u:
_ (I) No Fcderal a~propnatccl Cnncl.~ h;ivc hccai p;iicl car will tx~ ~;iici, by or on hcttalC oC tltc uttd igncd, to any pcrsnn
fc~r iniluencit~g car attempting to inliucncc ~~n c~Cficcr or employee: of any rulcral agency, a Memhcr oC
'Congra.~, an ofCca or employee of Congress, ar an cmplc~yuc of a Mcmher oC ~'.ongrccr in conttcction with
the awarding oC arty Fcderal contract. the m;iking of any l:cderal grant, the ma>;ing of any Fedaal lean, the entering into of any ctxtperative agret:ment, and Utc extension, continuation, renewal, amendment, or
mtxliCation ~f .any r~exlexal contract, Brant, Icuut, ar -cextpct;ttivc a~CCmcnt. -
If any fuact~ other thin Fcderal appmpriatcxi func~~ ltavc he~cn paid or wily he paidto any , ,on for inAucncing or attanpting to tnAuatex an .officer or employe of any Fcderal agency. a Mcmher of Congress, an oftcer or
.employee of Cc~ngress, or an employee of a Memher of Congt~cr in connection with this Fcderal contract,
- €rant, loan, or cooperative agreement, the u~tdcrxighcd shall complete and submit Standard Form•LLL*,
"Disclowre of Lobbying Activities," in acxorc~~ncc with its instructioat.
This cenifir~tion is a material reentation of feet upnn which rrliattce was placed when Otis trutcaction wac made
or entered into. Summon of this certitieatian is a Prerc;yuisite ictr making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who i;rils to Clc the rcquirod ccrtifiatioa shall be suhjcxt to a civil penalty of not less than X10,000 and nrit more than 5100,000 inr each such ftilurc.
The pzospective partia~antalso agees by cuhmitting hi.~ or her hid nr proposal that he or s~e~shaU nquinc that the
language of this cenification he included in alt lower tic? suhcontrac~~, which exceed S10o,000 and that all such
subreapientsshall oGrtifyand-disclose acxordin~ly.
* Standard Foam LLL may he ~htained from Caltsans or FIIWA offices
DISCLOSURE OF I,QBEYINC ACTiVtTIES
Contptoto th~r form to dietbeabbbyi~aetlvidos pursuant to 3Z U.S.C,13bZ
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. ~l~tnurg I~rst r►ama; MIJ;
(attaa~ Comontra~lor~ shaat~sj ~•aaaossa~►,'
t~. Amount of payn~~t ~chodr a~ th~a~gRh►1: 1~ o! ~ ~yp~ P Ycn~nt (c~iec* a~ that applrl
S (Z ac~ta~ ~ pl~nvd . .
~ taai~Mr.
12 Fong of F~Im~tt ~cbodit ~ fiat ~ a. cash ~ aon~mirtioR ,
b. ~idnd; ' . r~tut~ d avna~nt iw► ~ . s, d~l~~ ,
vei~~ s" • =P~:
~ 4. 8ti~ DoacripltoR of S~lara ~ter~d, ar to b~ paelorn~snd~ pa# a of Sore smP~Y~s~ os` rnaobr(a~ ,tor antlnd ~ iReivdtng o~!lar~aj,.
~ ka~itrtt~l~:
~attae~ Cont~hwt~orrSheet(~j dry
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pw~taitlti►G131Z ~ii1~~~M~rw~ra~C~l~s ~ . wlrwl~r r+t ~ r~~r~1~►1ui~ ~R M~pwr~ ~
t,~.M ~.w.«4r~r e....w gar r ~~a. •eiMr t•~►~Mr r..+~~eoad.~s~.ew..N.,:~aamoar..o~.~rrr... T.Iopt~o~Ha,; ~ oto:
- t~edotat Uso Only: ~ ~ ~
~hrs corm should ~ de sent to the Joint Aoprenticeship Committee or the craft or traoe in the area of the site or the puDliC worK. If
~~ou nave any ouestions as to the aadress of the appropriate PUBLIC WORKS ,
point Apprenticesnip Committee. contact the nearest orlice of ~ p NTR ACT AWARD I N FO R M ATI 0 N Oivisron of Aoprentrcesnrp Standards (DAS}. Consult your
.ephone directory under Calrfornia, State off. Inoust~tal nelauons. Ior the DAS office in your area.
C~VTaAC'ORS STATE IKEKSE NO .W1bIE OF
COMRIICTORS AAI►IiNG ADDRESS - tduMBEA i STAEE'T. CTr. 2tP CaOE aREI► C:.CE a ; 3E'►~4NE No
NAAAE a tt~CJ►TtorV of PUB~JC vuoacs PaaECT ~ATc CF C.'7YTaAC~ AWARD
DATE OF ](PECTE~ oR ACTUAL STAAT OF PAO,~tEC ;
NAME 8 AOOAESS of Pl8L1C I~,~,ENCr AwAAt)aG gMgACT -STw1AT~ MuN6ER OF.JOURNEYMHV ~OUitS
APPRENTICES
oCCUPATgN OF APPgf3VTKE ~ yuNBEA TO 8E EMPloYEO :.a~Oxwv►TE OATES'0 8E EMPl0YE0
~ .
Check One Of The Boxes Below:
Box t ~ We request .dispatch of apprentice(s) for this job. We voluntarily choose to comply with the applicable Joint
. Aoprenticeshio Committee Standards for the duration of this, job only, in training the apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws. '
Box 2 -j We request dispatch of apprentice(s) for this job. We do not wish to follow she applicable. Joint Apprenticeship Committee Standards fn trarrnng .the apprentices; instead, we agree to employ and train
aoprentice(s) in accordance with the California Apprenticeship Council regulations governing .employment of
apprentices on public work projects. We assume no .other obligations to ;he committee or unions under
State or Federal laws.
Box 3 We are already approved :o train apprentices by the applicable Joint Apprentlceship~ Committee acid we will employ and train under the Standards.
Box a - i We do not reouest tha disoatch of apprentice(s) since apprentices are not required on this job under the
provisions of Caiiforn~a Labor Code Section 1777.5, because:
Signature
Typed Name
Title Jate
State of California - Department of Industrial Relations
;a5 ~y~w ii901 DIVISION OF APPRENTICESHIP STANDARDS
AGREEMENT N0.
CONSTRUCTION PROJECTS AG EEMFNT
THIS AGREEMENT is made and entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, ("CITY" herein) and ("CONTRACTOR" herein).
RECITALS
WI~REAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of installation of
Traffic Signal Interconnects; and
WI~REAS, 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, removal and construction
of concrete sidewalk and wheelchair ramp 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:
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 uriless 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. I E E .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 inconformity 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.
8. 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
requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and
State and Federal statutes, rules or regulations now in force or which may hereafter be in force.
35
11. INDEPENDENT CONTRACTOR. This Agreement .calls for the performance of the services of CONTRACTOR'as
an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of
the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor. ~ .
12, j~,, . 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, officer, 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 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. IlyDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and
employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them,
before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR,
CONTRACTOR's employees, agents or independent contractors of companies in the performance of, or in any way arising from,
3b
the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except as limited by
California Civil Code Section 2782.
14. F~CUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are ,
equally responsible for authorship of this Agreement. Section 1 b54 of the California Civil Code shall not apply to the interpretation of this Agreement.
15. F .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 f
be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
(805) 326-3724
CONTRACTOR:
16. 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
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 is binding upon said corporation or organization in accordance with its terms.
37
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-above
written.
t
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By By
BOB PRICE
Mayor (Please type or print name & title)
APPROVED AS TO FORM:
By•
JUDY K. SKOUSEN
City Attorney
APPROVED AS TO CONTENT:
DEPARTMENT OF PUBLIC WORKS
By•
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By•
GREGORY J. KLIlVIKO
Finance Director
38
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY TIIESE PRESENTS, THAT,
WHEREAS, TIC 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 ON TRUXTUN AVENUE -EMPIRE DRIVE TO 530'
WEST ~OF OAK STREET CML-5109 (034); and
WI~REAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract;
and
NOW, TI~REFORE, WE, the Principal, and Leave Blank for Bonding Company, as Surety, are held and firmly bound
unto the Owner in the sum of 100 % of Amount Awarded at Council Meeting„-,- dollars lawful money of
the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above. mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the
covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to
the Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good
for a period of one (1}year after the completion and acceptance of the said work, during which time if the above mentioned Principal,
his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and
replacements or totally protect the said Owner from loss of damage made evident during said period of .one (1) year from the date of
acceptance of said work, and resulting from or caused by defective 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.
39
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms
of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 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. g
IN VI~ITNESS WI~REOF, 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 0 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)
40
MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WI~REAS, TIIE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated
the "Owner", has, on Date of Council Meeting , 19 ,awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated
as the "Principal", a contract for INSTALLATION OF TRAFFIC SIGNAL, INTERCONNECT ON TRUXTUN AVENUE -
EMPIRE DRIVE TO 530' WEST OF OAK STREET CML-5109; and Q
WI~REAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any
of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW,1'HEREFORE, WE, the Principal, and Leave Blank for Bonding Coan~_. , 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, upon, for, or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code
with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of
the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter
III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is
required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about
the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any
person who supplies both work and materials, thereto, shall have complied with the. provisions of said Civil Code, then said Surety will
pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay incase suit brought upon this bond,
such reasonable attorney's fees to the Owner as shall be fixed by the court.
41
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 change, extension of time, alteration, or addition to the terms of
the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil
Code of the State of California. i
IN WITNESS w~REOF, 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
Surety
Surety Address & Telephone No.
(Seal) Signature for Surety, Title
(Attach notarization form for each required signature)
f
42
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(To be completed by the Contractor, if he elects to substitute securities in lieu of retention)
THIS ESCROW AGREEMENT is made and entered into by and between:
whose
address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent" .
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 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 beat 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 beheld 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 (7) days written
notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the Owner.
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.
43
lo. 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
44
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart
of this Agreement.
IN WITNESS WI~REOF, 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
45
GUARANTEE
MATERIAL AND WORKMANSHIP
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:
b
awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract
provides for ,and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship andlor materials,
and we agree to repair andlor replace at our own cost and expense, any and all such work, andlor materials which may prove
defective in workmanship 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 andlor replace, at our own cost and
expense, any work andlor 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 fidfill 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
46
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:
awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract
provides for ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made:
Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due
to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly,
as planned, due to any of the above causes, .all within one (1), year after date on which said contract is accepted by the City, the
undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment
and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the
undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed
repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the
repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed withintwenty-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
47
Lpt~ ut.rs' l~ zh~~it
kF;~:'~Gi'~'E~k1tiG. Attachment ~'Sc~F 1'u~.c~ 1 - ,
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page the contractor shall not:
i General 1 II. Nond~scrtmrnation 1 a. dtscx:rmmate against labor from any oilier State, posses-
III. Nonsegregated Facilities 3 soon, or temtory of the United States (except for emp~oyment
IV. Payment of Predetertnmeti Minimum Wage 3 preferenceforAppalach~an contraca, whenapplrgble, asspecif~ed 1►'. Statements and Payrolls 6 m Attachment A), or
Vt. Record of Matena~s. Supplies, and Labor 6
VII. Subletting or Assigning the Contract y convict labor for an u ose within the limits of 7 b. empb Y P rp VI11. Safety: Accident Preventron 7 the proleCt unless it >S labor performed by convicts wno are on
IX. False Statements Concerning Hrghway Projects 7 parole, superv~ed release, or probation.
X. Implementai~on of Clean Air Act and Federal
Water Pollution Control Act 8 fl. NONDISCRIMlNAT10N X1. Certi>~cat~on Regarding Debarment, Suspension.
ineligibility, and Voluntary Exclusion 8 (Applicable to all Federal-aid construction contracds and to al!
X11.. Certification Regarding Use of Contract Funds for related subcontracts of X10,000 or more.) .Lobbying 9
i . Egwl Employment Opporgmityr: Egwl empbyment
ATTACHMENTS opportunity (EEO) requirements not to discxirnmate and to take affim~atnre aeon 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 60} acid orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23
GENERAL ~ U.S.C. 140 shau constitute the EE0 and spedfic affirmative action
standards for the contraeto~s project acxivities under this contract. 1. These contras provisions shall apply to all work perforated on The Equal Opportunity Construction Contract Speaficatrons set
the :contract by the contractor's own organization and with. the forth under 41 CFR 60.4.3 and the provisions of the American
assistance of workers under the contractors immediate superm• Disabilities Act of 1990 (42 U.S.C.12101 et seg.) set torth under 28 tendence and to all work perforated on the contract by piecework, CFR 35 and 29 CFR 1630 are incorporated by reference in this
station work, or by sudcontract contra. in the execution of this contract, the contractor agrees to
comply wkh the following minimum speafic requirement activities 2. Except as otherwise provided for in each section, .the contaac- of .EEO:
for shall insert in each subcontraG tilt of the st~ulations contained
in these Required Contract Provisions, and further require their a. The contractor will work with the State highway agency inclusion in any lower tier subcontract or purchase .order that may (SHA) and the Federal Government in carrying ovt EEO obligations
in rum be made.. The Required- Contract Provisions shall not be and in their review of his/her actnrities under the contract.
incorporated by reference in any case. The prime contractor shall
be resaonsible for compliance oy any subcontractor or Tower tier b. The contractoc will accept as his operating policy the subConira~cior with these Required Contract Provisions. following. statement:
3. A breach of any of the stipulations contained in these "ft ~ the policy of tfiis Company to assure that applicants are Required Contract Prov~ions shall be suffiaent grounds for empbyed, and that employees are treated during empbymen:.
temtmation of the contract. without regard to they race. rel'gion, sex, cxala, national orgin,
age or disability. Such .action shall include: employment, 4. A breach of the, following clauses of the Required Contract upgrading, demotion, or transfer, recruitment or reauibrtent
Provisions may ado be grounds for debarment as provided in 29 advertising; layoff or termination; rates of pay or other forms
CFR 5.12: of compensation; and sekcinon for training, including appren- ticesh~, preapprentioeship, ~ndlor on~he~ob traaining "
Section I, paragraph 2;
Secxron IV, paragraphs 1, 2, 3, 4, and. 7; ~ 2. EEO Officer. The contractor wal designate and make known Sectior; V, paragraphs 1 and 2a through 2g. to the SHA contracting officers an EEO Officer who will have the
responsibiity for and must be capable of effecanrely administering
Disputes arising out of the labor standards provisions of and promoting an active contractor program of EEO and who must Section IV (except paragraph 5) and Section V of these Required be assigned adequate authority and responsibility to do so.
Contras Provisions shalt not be sub)eci to the general disputes
clause of this contract Such disputes shall be reson►ed m accor• -3. Dissemination of Policy: All member4. of the contractor's dance with file procedures of the U.S. Department of Labor (DOl) staff who are authored to hire, supervise, promote, and discharge
'asset Earth m 29 CFR 5, 6, and 1. Disputes within the meaning of employees, orwho recommend such action, orwho are substantial-
v this cause include disputes between the contractor (or any of its ly involved itt such aeon, will be made fully cognizant of, and will
subcontractors) and the contracting agency, the OOL, or the implement, the contracto:'s EE0 pobcyand conbactuai responsibili- contracxo~s employees or their representatives. ties to provide EEO in each grade and classification of empbyment.
To ensure that the above agreement Mill be met, the following
. 6. Selection of tabor: During the performance of the contract, actions will be taken as a minimum:
Page 1
Form 1273 -March 10,1994
RE:F:'~GI~1:T:h1~Cs. ,'1ts;r;hmrr~ f'Sc~~. 1':r^r
C In the event the union ~ unabre to provbe the contractor loo training rs being required by speaa► provision, the Contraeior wrl► with a reasonable flow o' minority and women referrals wRn>n the be requce0 to cotrect and report training data.
trine IrmR sc; forth rn the collective bargaining agreement, the
contactor wUl. through independent reaurtrnent efforts. fill the III. NONSEGREGATED FACILiT1ES empbyment vacanpes without regard to race. color, religion, sex,
natgna! drain, age or disability: making full efforts to obtain (Applicable to all Federa~-aid construct,on contracts and to alf
qualrhed andlor quatfiabk minority group persons and women. related subcontracts of 510,000 or more.)
(The OOl has held that rt shat! be no excuse that the union with which the contractor has a colkctrve bargarnrng agreement provrd• a. By submtssan of this bid, the execution of this contract or
trig for exclusive referral failed to refer minority emoloyees.l In the subcontract, orthe consummation of thts material supply agreement
event the union referral practice prevents the contractor from orpurchase oroer, as appropriate, the bidder, Federal-aid construc- meetrng the obligations pursuant to Executive Order 11246. as tson contractor, suocontractor, material suppber, or vendor, as
amended, and these speaal ptovrsrons. such contractor shall appropriate, certifies that the firm does not maintain or provae for
immediately not~y the SHA. its employees anysegregated faalities at any of its establishments, and. that the firm noes not perms as employees to perform them
8. Selection of Subcontractors, Procurement of Materials services at any rotation, under its control, where segregated
and Leasing of Equipment: The contraGOr shall not discrirminate faaliGes are maintained. The firm agrees that s breach of this on the grounds of race, coror, religron, sex, national origin, age or certification is a vrolatron of the EEO provrsbns of this contract.
_ disability in~the selection and retention of subcontractors, including The firm further certifies that no empbyee wiil~be denied access to
procurement of materials and leases of equipment. adequate faaltires on the basis of sex or disability.
a. The contractor shall notify all potential subcontractors and b. As used m this certification. the term "segregated faatities"
suppUers of nislher EEO obligations under this contract. means any wathng rooms, worts areas, restrooms and washrooms, restaurants and other eating areas, iimeGocks, bdter rooms, and
b. Disadvantaged. business enterprises (O8E), as defined in other storage or dressing areas, parking lots, drinking fountains,
49 CFR 23, shall have equal oppartunity to .compete for and recreation or entertainment areas, transportation, arld housing
perform subconiracxs which the contractor enters into pursuant to faalities provided for employees wniCh are segregated by expliat ;his contract The contactor will use his best efforts to soligt bids daeetive, or are, rn fact, segregated on the bass of race, cobra
from .and to util¢e OBE subcontactors or subcontractors with reUgbn, national origin, age or disability, because of habit, local
meaningful minority group and female representation among their custom, or othen+vise. The only exception wit! be for the disabled employees. Contractors shalt obtain lists of O8E constructan firms when the demands for accessibUity ovemde (e.g. disabled parking).
from SHA personnel.
c. The contractor agrees that it has obtained or will obtain c. The contractor will~use his best efforts to ensure subcon• identical certification ftom proposed subcontractors or material
tractor compliance with their EEO obligations. suppliers prior to award of subcontracts or consummation of
material supply agreements of 510,000 or more and that it 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 rccoros shall be .retained for a period of three N. PAYMENT OF PREDETERMINED MINIMUM WAGE years folbwing completion of the contract work and shall be
ava~abie ai reasonable limes and places for inspectson by autho- {Applicable to all Federa►-aid construction contracts exceeding
r¢ed representatnres of the SHA and the FHWA. S2,000 and to at! related subcontracts, except for projects bated on roadways classified as tics! roads or rural minor collectors,
a. The records kept. by the contractor shah document.the which are exempt.)
following::
1. General: (1) The number of minority .and non-minority group
members and women empbyed in each work Gasification on the a. All mechahia and laborers empbyed or working upon
project; the site of the worx wiN be paid unconditbnaMy and not less often than once a week and wi'mout subsequent deduaion or rebate on
(2) The progress and efforts being made m cooperation any account (except such payroll deduc~ons as are permitted by
with unbns, 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. 276c)~ the fuu amounts of wages and
_ bona fide fringe benefits {or cash equivalents thereof) due at time
{3) The progress and efforts being made in bcatirig, of payment. The payment shall be computed at wage rates not hiring, training, qualif~rin5, and upgrading minority and femme less thar those contained in the wage determination of the
employees; and Secretary of labor (hereinafter "the wage detem~rnation") which is
. attached hereto and made a part hereof, regardless of any The progress and efforts being made in securing the contractual relationship .which may be alleged to exist between me
services of DB: subc;ontactors or subcontractors with meaningful contactor or ~ subcontractorss and such laborers and mecharires.
minority and female representation among their employees. i hewagedetermmation (inclunrng anyadditionaletaasifications and wage rates canforrned under paragraph 2 of this Section IV and the
b. The contractors will submit an annual report to the SHA DOL poster (WH-1321) or Form FHWA•1495) st~au be posted at alt
_ each July for the duration of the prole, indscat<nc :tie numoer of trines by the contractor and its subcontactors at the site o` the minority, women, and non•minority group empwyees currentrv .work in a prominent and accessible place where d can be easy
engaged in each work classification reduced by the conta~ wont. seen by the workers. For the purpose of this Setxbn, contributions
This information is to be reported on Form FHWA•1391. !f onthe made or costs reasonably antiapated for bona fide fringe benefits under Section t (b)(2) of the Oavis-Bacon Act (40 U.S.C. 276a) on
Page 3
Form 1273 - Masi 10,1994
RCL''~C~~L~~I~G. ~lttuchmrn: f'~b): ~'u~c• i
3) Every apprentice must De pab at no! kss than the helper wage rate. who ~ not a helper under a approved definitbn, rate speafied m the rcg~tered program for the apprenboe~s level of shall be pab not kss than the app~cabk wage rate on the wage
progress, expressed as a percxntage of the loumeyman-level determinatbn for the dassificatan of work actually perfomned.
hourl~r rate speafied in the appi~Cabk wage detertnmatmn. Apprentices shall be paid fringe benefits m accordance with the 5. Approntica: and Trainees (Progrsm: of the U.S. DOT):
provisions of ~e apprentroesh~ program. If the apprent~cesh~
program does not specify fringe benefits. apprent~oes must be paid Apprent~oes and trainees wonting under apprenticeship and the full amount of fringe benefits I~sted on the wage detertnmatron skill training programs which have been certified by the Secretary
~fot the applicable classification. If the Administrator for the Wage of Transportation as promoting EEO in connectan with Federal-aid
and Hour Divisron deterrrnnes that a ditferent practice prevaus for highway construction programs are not subject to the requirements 3 the applicable apprentice classifcatan, finges shall be paid in of paragraph 4 of this Section fV The straight time hourly wage .
accordance with that determination. rates for apprentices and trainees under such programs will be
establ~hed by the patt~cular programs. The ratio of apprentices
(4) In the event the Bureau o` Apprenticeshro and and trainees to journeymen shall not be greater than permitted by ?raining, or a State apprenticesh~ agency recogn¢ed by the the terms of the particular program.
Bureau, withdraws approval of an apptent~cesh~p program, the
contractor or subcontractor will no bnger be permitted to utilize 6. Withholding: apprentices at less than. the apphcabk predetermined rate for the
comparable work perfom~ed by regular emoioyees until an accept- ~ The SHA shall upon its own action or upon written request
able program is approved. ~ of an authorized representatn►e 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 Dav>s-Bacon (1) Except as provided in 29 CFR 5.16, trainees will not prevailing -wage requirements which is heb by the same panne
be permitted to work at less than the preoetemtined rate for the contractor, as much of the accrues payments or advances as may
woric perfomred unless they are empayed pursuant to and ~ be considered neassaryto pay laborers and med~artia, induding individuatiy registered in a program which has received prior apprentices, trainees. and helpers. employed by the contracitor or
. approval, evidenced by formal cettificatan by the DOL, Employ- any subcontractor the full amount of wages required by the .
rnent and Training Administration. contract. In the event of fa~ure to pay any laborer or medlanic,
induding any apprentice, trainee, or helper, empbyed or working (2.) The ratio of trainees to joumevman-level empbyees 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" ~e SHA contracting officer may, after written notice to the
approved by the Employment and Training Administration. Any contraactor, take -such acxion as may be necessary to cause the 5 employee listed on the payroll at a trainee rate who ~ not regis- suspension of any further payment, advance, or guarantee of funds
tend and partiapating in a training plan approved by the Employ until such violations have. ceased.
merit and Trdmmg Administration shall be paid not kss than the appucabie wage rate on the wage detertmination for the ciassifica- 7. Overtime Requirements:
lion of work acdually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the No contraaor or subcontractor contracxing for any part of registered program shall be paid not kss than the applicable wage the contract work which may require or invohre the empbyment of
.rate on the wage determination for the wont actually perfom~ed. laborers, med~ania, watchmen, or guards (induding. apprentices.
trainees, and he~ers described in paragraphs 4 and 5 above) shag (3) Every trainee must be paid at not kss than the rate require or permit any laborer, mechanic, watchman, or guardm any
spedfied in the approved program for hislher keel of progress, workweek in which helshe is empbyed on such work, to work in
expressed as a percentage of the journeyman-level hourly rate excess of 40 hours in such workweek unless such laborer, mechan- spedfied inthe applicable wage detem~inatron. Trainees shau be ic, watchman, or guard receives compensation at a rate not kss
paid finge benefits m accordance with the provisions of the trainee than one-and-0ne-haft times hislher basic rate of pay for all hours
program. If the trainee program does not mentron fringe benefits, woriced m excess of 40 flours in such workweek: trainees shau 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 apprenticeship program associated with the corresponding joumeyrnan•kvetwcrge rate on liability for Unpaid Wages; t.iquidated Damages: In the event
the wage determination which provides for less than full fringe of any violation of the louse set forth in paragraph 7 above, the
benefits for apprentices, in which case such trainees shall receive comtracxor and any subcontracxor responsible thereof shau be liable
the same fringe benefits as apprentices. to the affecited empbyee for hisfier unpaid wages. in addition, such conbacxor and subcontractor shah be liable to the United
(4) In the event the Empbymeni and Training Adminis• .States (in the case of work done under contract for the District of
lissom withdraws approval of a training program, the contracxor or Columbia or a terit~ory, to such District or to such territory) for subcontracxor will no bnger be permitted to utit¢e trainees at kss liquidated damages. Such liquidated damages shall be computed
than the applicable predetermined rate for the work perfom~ed until with respect to each individual taborer, mechanic, watchman, or
an, acceptable program is approved. guard empbyed in violation of the clause set for.~fi,. m,paragraph,7, in the sum of S10 for each calendar day on which such empbyee
c. Helpers: was required or permitted to work in excess of the standard wont
week of 40 hours without payment of the overtime wages requred . Helpers will be permitted io work on a project if the helper by the clause set forth in paragraph 1.
classfication is specified and defined on the applicable wage .
determination or is approved pursuant to the conformance proce- dure set forth m Section N.2. Any worker l~ted on a payroll at a
Page 3
roan 12i 3 -March 10,1994
LPP ~S-I1 ~ Exh~hit A
REEtiGI~'EERItiG. Attachment 7 ~'S~F Psse i
b. Marntam a recoro of the total cost of au matena~ and au safeguards, safety dev~oes and protective equipment and take
suppbes purchased for and rncorporated m the wont, and also of any other needed aeons as d determa~st, or as the SMA contract.
the quantlbes of those spec~ic matena~ and supplies ksted on ing officer may determine, to be reasonaby necessary to protect Forth FHWA•47, and in the unks shown on Forth FHWA~41. the life and health of empbyees on the fOb and the safety of the
pub~C and to protect property in connection wdh the pertortnance
c. Fumah, upon the compeetpn of the contract, to the SNA of the work covered by the contract.
resident engineer on Forth FHWA-47 together with the data required m paragraph 1 b relative to matenats and supp~es, a final 2. ti is a conditan of this contract, and shall be made a condition
Tabor summary of all contract work indicating the total hours worked of each subcontract, which the contacxor enters into pursuant io
_ and the total amount earned. the contras, that the contractor and any subcontractor shall not pertnrt any empbyee. ~n performance of the contract, to work in
2. At the prime contractor's option, either a single reaor; surroundings or under conditions which are unsanitary, hazardous
covering all contract wont or separate reports for the contractor. and or dangerous to hislher health or safety, as determined under for each subcontract shall be submtited. construction safety and health standards (29 CFR 1926) promulgat•
ed bytne Secretary of Labor, in accordance with Sedan 107 of the
Vll. SUBLETTING OR ASSIGNING THE CONTRACT Contact Work Hours and Safety Standards Act (40 U.S.C. 333). -
1. The contractor shall performwith its own organization conte~ 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
work amounting to not kss than 30 penxnt for a greater percent- chat the Secretary of Labor or authorized representative thereof, age if specfied elsewhere in the contact) of the total original shall have right of entry to any site of contract perfortnanoe to "
contact pncx, excluding any speaa~yr items des~nated by the inspect or investigate the marier of comp~ance with the construction
State. Speaaky items maybe performed by subconta~ and the safety .and health standards and to carry out the duties of the
amount of any such speaalry items performed may be deducted Secretary under Sec~on 107 of the Contact Work Hours and from the total ordinal contact pace before computing the amount Safety Standards Act (40 U.S.C. 333). ~
of work required to be performed by the contactors own organiza•
Uon (Z3 CFR 635). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
a. "Its own organization" shall be construed to include only In order to assure high quality and duabie construction in
workers empbyed and paid direcdly by the prime contactor and conformity with approved plans and spea~Cations and a high equipment owned or rented by the prime c;ontacxor, with or without degree of refiabiiity on statements and representations made by
operators. Such term does not incfutle empbyees or equipment of engineers, contractors, suppders, and workers on Federal-sin
a subcontractor, assignee, or agent of the prone contactor. highway projects, it ~ essential that all persons concerned with the
projeciperformtheirfiunc~ions ascarefu~y, thoroughly, and honestry b. "Speaalty Items" shat! be construed to be lunited to wont aspossibie. IIIFiI~ul falsification, datottion, ormisrepresentation with
.that requires highly speaal¢ed knowledge, adilides, or equipment respect to any facts related to the project is a violation of Fedeal not ordinarily available in the type of contacting organ¢ations law. To prevent any misunderstanding regarding the seriousness
qualified and erected to bid on the contract as a whole and in of these and sanilar acts, the following notice. shau be posted on
genera! .are to be limited to minor. components of the oveaq each Fedeal-aid highway project (23 CFR 635) in one or more contracx. places where d is readily available to au persons concerned with
the project:
2. The contract amount upon which the requrements set forth
sit paragraph 1 of Secdion VII a computed includes the cost of NOTICE. TO ALL PERSONNEL ENGAGED ON FEDERAL~►ID material. and. manufactured products which are to be purchased or HIGHWAY PROJECTS
produced by the. contractor under the conaaa provaiors.
18 U.S.C. 1020 reads as folbws: _ 3. The contractor shag furnish {a) a competent superintendent
or supervisor who ~ empbyed by the firm, has full authority to 'Whoev+er, being an officer, agent, or empby~ee of the United
direct performance of the work in aa;ordance with the contras Slates, or of any~State or Territory, or whoe>rer, whether a person, requirements, .and is in charge ~ of all cans>tui~ion operations essoaation, frmr, or corporation, knowar9lY makes any false
(regardless of who performs the work) and (b) such other of its own statement, false representation, orfalse report es ro the character,
organizational resources (supervaion, management, and engineer. quality, quantity, or cost of the materiel used or to be used or the ing services) as the SHA contaeriing officer determines is neoes- quantify or quatiry of the work perfom~ed or to be performed, or the
nary to assure the performance of the cx~r>tecx. cost thereof rn connection with the submission of plans, maps,
. specifications, contracts, or costs o! consiruuction on any highway 4. No portion of the contact shalt be sublet, assigned or or related project submitted for approval th the Secretary of
othen~nse disposed of except with the written consent of the SHA Transportation; or
contac~ing officer, or authorized representative, and such consent when gaen shall not be construed to relieve the contractor of any ~ WhoeverknowinQlymakes enyfalse statement, false represen•
responsib~ity for the futfiianeni of the contacx Written consent w~l cation, false report or .false claim with respect io the character,
be given only after the SHA has assured that each subcontae~ is quality, .quantity, or saost of any work performed or to be performed, evidenced in wrung and that it contains all pertinent provisions and or materials famished or to be famished, in conrtectaon with the .
requirements of the prime contract canstitrciion 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 repre-
1. !n the performance of this contract the contacxor shag comory sensation as to material fact in any siatemeni: certificate, or report
with all applicable Federal, State, and brat laws governing safety, submitted pursuant ro provisions of the ~ederalaid Roads Act health, aria sanaation (23 CFR 635). The contactor shall provae approved July 1, 1916, X39 Slat: 355, as amended and supp~e-
Page 1 Form 12i 3 •-March 10,1994
LI't' y ~.q, E:a~tsthir ri
REE~GI~~IrRItiG. ~tt;~chtnent ~'Sc~~: Pa„f y ,
e. The prospective bwer tter participant agrees by submrtttng
~hr3 proposal that, should the proposed Covered transacx►on be Certification Regarding Debarment, Susvension, Ineiigibiliry entered into, rt shall not knowtngry enter into any Lower bet covered
and Voluntary Exclusion-Primary Covered Transactions ~ransacxmon with a person who is debarred, suspended, deCared
mebgibk, or votuntariy excluded hom oartrc~oatron in this covered
The prospective primary partrespan; certifies io the best of its ;ransactron. unless authored by the Department or agency with knowledge and belief, that rt and its princ,Dars~ wn~ this transaetron originated.
a. Are not presently debarred. suspended, proposeC for f. -The prospective lower ;ter paRKrpant further agrees by debarment, dec~ared ineligible, orvoluntarrly exciuoed trom covered sLpmttting this proposal that i; will include this clause titled
transactions by any Federal department or agency; • ;ertificatan Regarding Debarment, Suspension, Ineligibility and
'Joruntary ExGusan•l.ower T,er Covered Transaction," without b. Mave not within a 3•year period preceding tars proposal modification, rn all lower tier covered transactions and in all
been convicted of or had a civil judgement renderea against them sanctations for lower tier covered transactions.
for commission of fraud or a criminal offense in connection wrtn obtaining, attempting to obtain, or performing a pubbc (Federal, y. A participant in a covered transaction may rely upon a
State or local) transaction or contract under a pubbc transaction: ce~fication of a prospective partiapant to a bwer tier covered
violation of Federal or State antitrust statutes or comm~sston of ;~ansacbon that is not debarred, suspended, ineligible, orvoluntarily embetzrement, theft. forgery. bribery, falsification or destruction of exuded from the covered transaction, unless it knows that the
records, making false statements, or receiving stolen property; ce.^~mcation is erroneous. A partrWOant may deude-the method and
`!enuency by which it determines the ei~gibiiity of its principals.
c. Are not presently indicted for or otherwise cnmtnally or Each participant may, but is not required to, check the Nonprocure• civiuy charged by a governmental entity (Federal, State or local) inert List.
with commission of any of the offenses enumerated in paragraph
t b of this certification; and ~ h. Nothing contained in the foregoing shall be construed to reduce establishment of a system of records in order to render in
c. Have riot within a 3•year period preceding this applica- ccod fadh the certification required by the clause. The knowledge
lion/proposal had one or more public transa~aons (Federal, State ano information of parUapartt is not reouired to exceed that which or local) terminated for cause or defaul►. is normally possessed by a pruoent 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 authorized under paragraph a of
k .4 partiupant shall attach an explanation to this proposal. these instNCtions, if a participant in a covered transaction knowing- ~,~`~ms.~,,
fv ermters into a lower tier covered transaction with a person who is
• ' • • suspended, debarred, ineligible, or voiuntaniv excluded from ~artippation in this transaction, in addition tc other remedies
available to the Federal Government, the department or agency 2. Instructions for Certification Lower Tier Covered witrt which this transaction originated may pursue available
Transactions: rerrmedies, including suspension andlor debarment
(Applicable to all subcontrac~. purchase oroers and other lower
tier transactions of S25,000 or .~ore • 49 CFR 29) • • • • •
a. 9y signing and submitting this proposal, the prospective Certification Regarding Debarment, Suspension, Ineligibility
lower tier is providing the certification set out below. arms Voluntary Exclusion-Lower Tier Covered Transactions:
b. The certification in this clause is a material representation ' . The prospective bwer tier participant certifies, by subm~sion
of faC upon which reliance was placed when this transaction was of this proposal, that neither it nor its prinppals is presently
entered into. If i't is later determined tha; the prospective lower tier ceearred, suspended, proposed for debarment, declared ineligible, par'tiapant knowingly rendered an erroneous certrficatron, in or volurttariiy excluded from partippation in tha transaction by any
addition to other remedies available to the Federal Govemmen;, the Federal department or agency.
department, or agency with which this transaction originated may
pursue available remedies, including suspension artdlordebarment Where the prospxctive lower tier participant is unable to cerofy to any ofthe statements in this certifmcatart, such prospective
c. The prospec~ve lower tier partrcioani shall provide participant shall attach an explanation to this proposal.
immediate written notice to the person tc which this proposa~ is submitted if at any time the prospective lower tier par'ticioant teams • • • • •
that its certification was erroneous by reason of changed cirC„m-
stances. XII. CERTIFICATION REGAROiNG USE OF CONTRACT FUNOS =0R LOH6YING
d. The temu "caveredtransaction," "debarred,""suspended," ~ - -
"ineligible," "primary covered transactiorm," "participan;." "person." :~plicabk to ail Federal-aid construction canvacts and to ail "principal," "proposal," and "voluntarily exuded," as usec in this resoled subcontracts which exceed 5100.000.49 CFR 20)
clause, have the meanings set out in the Definitions arc Coverage
sections of rules implementing Executive Order 12549. You may ' .The prospective partiapartt certifies. by signing and submitting contact the person to which this proposal is submitted for assts- :ns3 bid or proposal, to the best of his or her knowledge and belief,
lance in obtaining a copy of those regulations. 4.~,,
Form 1273 - Marcxr 10,1994 Paps 9
. . - i
I . I
General Decision Number CA9d0032
Superseded General Decision No. CA950032
State: California
Construction Type:
BUILDING
DREDGING
HEAVY HIGHWAY
County(ies):
KERN
BUILDING CONSTRUCTION PROJECTS; HEAVY CONSTRUCTION PROJECTS (does
not include oil well drilling or water well drilling); H.LGHWAY .
CONSTRUCTION PROJECTS; DREDGING PROJECTS .(does not include hopper
dredge work)
~iodiLication Number Publication Date
0 03 / 15~! 1996
1 0.4/12/1996
2 04/26/1996 3 05/03/1996
4 06/07/1996
5 07/05/1996
6 07/12/149.6
7 09/27/1996-
. 8 12/20/1996
9 01/03/,1997
. ~ .
CARP00028 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
bathing), cabinet installer,
floor worker and acoustical installer 2.23 5.10
Insulation installer:
Wood frame non-residential
or concrete block or
tilt-up, Types .III , Ill and
V construction 17.00 ~ 4.81 A1.1 other work 23.23 5.10
Shingler 23.36 5.10
Saw moiler 23.1 5.10
Table power saw operator 23.33 x.10.
Pneumatic nailer or power
stapler ~ 5.10 ..:a
Commerc~.al fence builder 20.30 5.10 Roof loader of shingles
(commercial) 16.35 5.10
Millwright 24.30 5.10
Pile dr+ver; Derrick barge;
Bridge or dock carpenter;
Cable splicer; Heavy f rarzer ; . Rock slfinger 23.:3 5.10
Head rack s 1 finger 2 4.0 3 5.10...
Rock barge or scow 23.33 5.10
CARP0oo4o 11/01/1993
Rates ~ Fringes TILE FINISHER:
Edwards Air Force Base; and Naval
.,Air Weapons Station, China Laxe 16.,8 3.40
Remainder of County 13 o 3.40
ELECGOlIG 12/01/1992
Rates Fringes
COMMUNICATIONS AND SYSTEMS ~10RK:
COMMUNICATIONS & SYSTEMS: Installer 16.:5 3 % + 3 . 0
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 4.250 +2,75
Tunnel work:
Electrician 27.30 4.25% +6.30
Cable splicer; Heliarc welding 30.025 4.25% +6.~0
All other work:
Electrician ~ 21.84 4.25% +6.30 Cable splicer; Heliarc welding 24.02 4.25% +6.30
ELEC0428B 03/01/1996
Rates Fringes
LINE CONSTRUCTION:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake:
Ground person/Truck driver 21.13 4.25% +6.3Q
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 +6.30
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 TRANSMISSI~4N 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
r. . _ ......G..~...aw.:~..~...,....._
GROUP 7 2'5.1? 9.8 9
GROUP 8 25.34 9.89
GROUP 9 25.51 9.89
GROUP 10 26.51 9,89
GROUP 11 27.51 9.89 GROUP 12 28.51 9.89
GROUP 13 29.51 9.89
TUNNEL GROUP:
GROUP 1 24.79 9.89
GROUP 2 25.08 9.89 GROUP 3 25.22 9.89
GROUP 4 25.44 9.89
GROUP 5 25..55 9.89
GROUP 6 25.67 9.89
GROUP 7 25.97 9.89
DREDGING:
Hydrau~.ic suction dredges:
.Lever person operator 27.46 9,g9
Deckmate; Watch engineer; Welder 25.38 g,gg
'►~inch (stern winch on dredge) 2 4.8 3 g , 8 g Bargehand; Deckhand; Fire
person-oiler; Leveehand 24.29 9,g9
Dozer 25.49 9.89
C+amshell dredges:
Lever person operator 27,46 9,gg
Watchengineer; Deckmate 25.38 9.g9 Barge mate 24.90 9.89
Bargehand; Deckhand; Fire
person-oiler 24.29 9.89
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
. GROUP. 1: Barge, brake, compressor operator; Ditch Witch, with
seat or similar type equipment, elevator operator -inside,
engineer oiler, generator operator, generator, pump or compressor
plant operator, pump operator, signal, switch
GROUP 2 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 dragty e
P attachments), helicopter radio (ground), power concrete curing
machine operator, power concrete saw operator, power -driver
~r ~
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-*ired earth-roving equipment operator (multiple engine up to and including 25 vds.
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 ~+heel type over 1-1/2 yds. up to and including~6-1/2 yds.},
surface heater and planer operator, tractor compressor drily 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
mac~:ine operator, trenching machine operator
GROUP 8: Heavy-duty repair person (m~~lti-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),
:quit+ple engine tractor operator (Euclid and similar type -
except Quad 9 cat.), rubber-tired earth-mcf~ing 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.}, toctiercrane repair
person, tractor loader operator (crawler any wheel type over 6- ~/2 vds.}, Woods mixer operator (and similar pugmill equipment)
GROUP 10: Heavy-duty repair-welder combination (multi-shirt)
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 5O cu. yds. struck.), rubber-tired se~.f-.
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 ncluding 25 yds. .struck)
GROUP 13: Canal liner operator, canal trimmer operator, remote-
contr of earth-moving equip:~~ ~ operator, wheel excavator operator
any and all attachments over 25 yds. and up to and including 50
yds. struck), rubber-tired earth-moving equipment operator,
operating with the tandem push-pull system (multiple engine, up
to and including 25 yds. struck)
GROUP 23: Rubber-tired eart:~-moving equipment operator, operating equipment with the tandem push-pull system ~sinale
engine , over 5 0 yds . struck) , rubber-tired earth-rlov ing eauip:~ent
operator, operating equipment with the tandem push-Dull system
(multiple engine, Euclid, Caterpillar and similar, over ~5 vds.
and up to 50 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull syste:~ (multiple
engine, Euclid, Caterpillar and similar type, over 50 cu. vds.
struck}
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (under 5 tons
capacity) ~ .
GROUP 2: Truck crane oiler
GROUP 3: A-frame or T~rinch truck operator; Ross carrier operator•
(j obs ite )
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; For:
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, draaline,
clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) .
w
GROUP 8: Crane operator (up to and including 25 ton capac+ty)~;
Crawler transporter operator; Derrick barge operator (up to and
including 25 ton capacity); Hoist operator, stiff lAgs, Guy
derrick or similar type (up to and including 25 ton capacit.~);
Shovel, backhoe, dragline, clamshell operator hover 7 cu. ,ids. mrc)
GROUP 9: Crane operator (over 25 tons and up to and including
_ . .,....:.,.a.... ~ ~ ~
I i
Tractor compressor drill combination operator; Tugger hoist
operator t2 drum); Tunnel locomotive operator hover 30 tons) ►
GROUP 6: Heavy-duty repair/welder combination
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
LAB000018 07/01/1996
-Rates ~ Fringes BRICK TENDER 17.21 9.11
LAB000028 01/01/1992
Rates Fringes . ,µ~k-~- 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 0
LABO0002H 0?fO1/1996
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 19.8 6 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
-....~..r...r ~ R. I w r..~ra~
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, 3arko, Wacker and
sir:ilar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ircner and asphalt
spreader .boxes fall 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 labcrers' work; oversize
concrete vibrator operator, 70 lbs. and over; Pipelaver
performing all services in-the laying and installation of i e
pp from the point of receiving pipe in the ditch until completion of
operation, including any and all forms of tubular material,
whether pipe,. metallic or non-metallic, ccnduit and. any other stationary type of tubular device used-.for the conve in of an
Y g Y substance or element, whether water, sewage, solid gas, air, or
1~ other product •~hatsoever and without .regard to the nature of
material from which the tubular material is fabricated; No-'oint
pipe and tripping of same; Prefabricated :~anhole installer;
Sandblaster (nozzle person), :pater blasting, Porta Shot-Blast; t~elding in connection ~~ith laborers' work
GROUP 5: Blaster powder, all work of loading holes, placin and.
9 blasting of all powder and explosives of .~hatever type,
regardless of ;~ethod used for such loading and placing; Driller:
All. power drills, excluding jackhammer,. whether core, diamond, wagon, track, r~ult~ple unit, and any and all other types cf
mechanical drills without regard to the form of motive power;
Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Bull gang ►~ucker, 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
~ . a..w.:.• w - . s• GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; Pot tender, using clastic or other
materials (for example, but not by way of limitation, shotcrete);
Vibrator person, jack ham:^~er, 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; ,7ackleg miner; ~umbo person;
Kemper and other pneumatic concrete placer operator; Miner,
t•
work) knot applicable to any
phase of the aerospace industry or to hotels .which
l 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
PAIN0169B 07/01/1996
.Rates Fringes GLAZIER 22.29 7.49
PAIN11768 04/01/1993
Rates Fringes
PARKING LOT STRIPING WORK AND/OR r~, , HIGHWAY MARKERS
GROUP ~ 19.93 5.67
GROUP 2~ ~ 18.93 5.67
GROUP ~ ~ 16.94 ~.6i
GROUP ~ ~ 19.93 ~.n7 GROUP 5 16.94 5.67
Service person (maintenance
and repair of equipment)
(on jobsite only) ..11.96 5.25
Slurry seal work: Sealer/mixer 14.89 3.66
Applicator operator,
shuttle person and
squeegee person 13.18 3.66
Traffic surface
protective coating applicator 1.5.51 ~ 3.66
PARKING~LOT STRIPING AND/OR HIGHWAY MARKING. CLASSIFICATI~NS~~~~~~
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,
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, rodding, tamping,
bidweil and similar type
nodding 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 ;~ason (magnesite,
magnesite - terrazzo and
mastic composition, epoxy,
urethanes and exotic
. coatyngs, Dex-O-Tex) 20.38 10.25
Cement :~ason floating and trowe+ing machine operator 20.$ 1 10.25
PLAS0191B 03/01/1994
Rates Fringes
PLASTERERS: Plasterer 16.92 5.91
Nozzle operator 17.05 5.91
PLUM0355B 07/01/1996
Ramses Fringes
LANDSCAPE FITTER; UNDERGROUND U'~ILITY WORKER 22.00 ~ 3.00 .
PLUM0460D 01/01/1996
.dates _ F.ringe~..:.. .
PLUMBER; STEAMFITTER:
Encompasses all the central valley:
Bakersfield , Lamont, Arvin,
Frazier Park, Taft, Shafter,
Wasco, McFarland and Deleano 22.81 7.48
Encompasses Kernville, T~::~chapi,
Lake Isabella, Mohave, :~nolith
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tine
person; Slurry truck driver .
. GROUP 6: Transit :six truck, 3 yds. or lmore; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of .
vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16
yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. or more water level; Truck
repair person; water pull single engine; Welder
GROUP 9: Truck repair person/welder.; Low .bed driver, 9 axles or over
GROUP 10: dater pull single engine with attachment
FOOTNOTE:
Water pull twin engine; Water pull twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or
si:~ilar, special attachments . .
--~~-s-----~------~---s--~r------r-----s--s----s-~--~-~-~~aoo-o~-~~
~~tELDERS - Receive rate prescribed for craft perfor:;zing operation
to which welding is incidental. ------------~--------------------------------------veg.---®------
Unlisted classifications needed for work not included within
. the scope of the classifications listed may be added after
award only as provided in .the labor standards contract clauses
(29 CFR 5.5 (a) (lj (v~ } .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates.. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
. w .s•
1.) Has there been an initial decision in the matter? This can
be
* an existing published wage determination
* a survey underlying a wage determination
CA960032 - 22 01/03/1997
~ - _
~ a Wage and Hour
posit. Division letter se
ion on a wage determ' tting forth a * a conformance lnation matter
ruli (additional classi rag flcat10n and rate
~'n survey related
°r summarie matters, initial contac s of surveys Should t, Including reau !'pglonal Office be With the ~ gists
for the area in wh' gage and :our ~°cause those Re ion lch the survey 1
Davis- g al offices have res aas conductec Bacon survey roar ponsibilit r -
=ontact is no , p am If the resoo ~ ~r y `°r ~he rase om t satlsfactor•
`'nd 3. } should Y, then the oroc Li this ~nitiai be followed. ess oescrlbec in
• 1
W; th re ar
g d ~o any other att process described he er not yet ripe fo
ct~ Constructs re, initial contact s r `'he ~°rmal °n Wage Determinat' hould be •~ith the
Ions, Wrste to: Hranc.~
Branch of Construct'
Wa a 10n ~vage Dete="~inatio~ . . g and Hour Division l.s .
U• S. Department of
200 Constit ~ Labor utlon Avenue, ~j. W. Washington D, C.
20210
~'~y' j h~f the answer to the z~~rer~ested question i~n 1. ) is e
r~:e~ f , party ~ those affect , Y s ► .hen ar, 1ew and reconsldera ~ ed b~y the action
~S~~e 29 CFR ~ tlon from the Wa ) can request ~ ar,. 1.3 and 2 9 CFR p ge and Hour Admin~.str
art . rVrit ator e ~ .
. Wage and. Hour
Administrator U•S• Department of T
200 Constitutio yaoor
Washin to n ave..ue, N, ;.y • g n' D' C• 20210
The request shoo
intr►res ld be accompanied ted party~s posit' by a foil state.,e
data► project d ion and by any inf rat of the re escrlptlon - ormatlon Wage Da men
questor considers re area practice :~ateria ~ Y t levant to the issu i~ etc.) .hat the
e. 3.) If the decis'
irate ion of the Administrat rested party may a e or ~s
Boar pp al directl t not =avorable, an d ( formerly the W Y o the Adm '
age Appeals Board), w lnistratlve Review rite to.
Administrativ
e Review Hoard U• S. Department o
200 Consti f Labor tution Avenue, N, w'
w . Washington, D. C. . 202♦f?
4.) All decisions ' by the Administra
END OF tlve Review Board a
GENERAL DECIS' re ==nat. 1CN
Cti960032 _ ; ,
^ + ~
4!;
If
~J
i