HomeMy WebLinkAbout1998 Special Provisions Project T8K058
I f
CITY OF BAKERSFIELD
CALIFORNIA
~r
k', NOTICE TO CONTRACTORS
I i
SPECIAL PROVISIONS f
j
BID PROPOSAL AND CONTRACT
i'
~ j ~ FOR
`1
TRAFFIC SIGNAL AND LIGHTING SYSTEM ,
ON
PLANZ ROAD AT SANDRA DRIVE
BID OPENING:
DATE: av 20,~1~,$
TIME: •
PROJECT NO.: T$KQ~$
FEDERAL PROJECT N0. STPMAL-5109(043)
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
~ ANNEX BUILDING 2ND .FLOOR
~~gpFE~Sjp~, 1501 TRUXTUN AVENUE ~ ~4~
1 ~ BAKERSFIELD, CA 9330 ~
Pr ' En ineer: Robert L. Tablit c, ~ ~
. o~ect g w eodore D. ~Inght .
,g TELEPHONE: (SOS) 326-3996 ~ Civil Engineer c:1r1t1t8k0581t8k05$.spc
~ C 3311 ~ ~
i t~J► ~Q, ~rF O~~
~F ~~lt~~
1
i
`Y f
y~ % f
CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall,
1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on May.20.1998 to be publicly opened and read
immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRIVE
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the
PurchasingOfficer by posting a refundable deposit of ZERO ($0.00) for each complete set. Refund of deposit will be
made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility .for non-
.receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the
deadline stated above.
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 ro osal rantee in accordance with the requirements of Section~2-1.07, "Proposal Guaranty", of P P ~
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. Local Agency Bidder-DBE Information .
f. Disclosure of Lobbying Activities Form.
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 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,
2
r
r'~
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.
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
g contract language after the acceptance of Contractor's proposal. Failure to execute the contract without alteration may
result in the rejection of the Contractor's proposal and the retaining of a different contractor by the City.
3
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic signal and lighting system, handicap
ramps and signing, marking removal, and pavement markings.
n
7
CITY OF BAKERSFIELD
RAUL l~I. R®JAS
Public Works Director
4
CITY OF BAKERSFIELD, CALIFORNIA
DEP THE T OF PUBLIC WORKS
SPFC1At PROVISIONS
SECTION 1. DEFINITIONS AND TERMS
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department. of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as .the same may apply, which. specifications are hereinafter referred to as the Standard
Specifications, and in accordance .with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions
shall take-precedence over and be used in lieu of such. conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms,"
of the. Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent .and
meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
En ineer -The Ci Engineer, acting either directly or through properly authorized agents, .such agents g ty
acting within the scope of the particular duties entrusted to them. .
Laborato - .The .deli ted laboratory authorized by the City to test materials .and work involved in the rY ~
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 - Cha ter 1, Division 2 of the. Public .Contract Code. The provisions of this act do not p
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.
5
in the amount of 1/2 of one percent of his total bid or ten-thousand ($10,000) dollars, whichever is greater, in accordance
with the Suble#~in~g and St~ibcontrac~irig 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, asrequired 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 openuing of the proposals for projects utilizing Federal funds.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed forms:
• Proposal Form; ,
• Bidder's Bond Form; • .Title 49, .Code of Federal Regulations, Part 29 Debarment and Suspension Certification;
• Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;
•Non-Collusion Affidavit Form;
• Local Agency Bidder-DBE Information
• Disclosure of Lobbying Activities
2-1.09 ONJQSSIONS IN SPECIFICATIONS AND DRAWIlVGS. Any materials or work mentioned in the specifications and not shown. on the drawings, or shown on the drawings and not mentioned in ,the specifications shall be of .the same
effect as if shown or mentioned in both.
Omissions from .the drawings or the specifications. of the materials or details of work which are manifestly or obviously
n to out the intent of he drawings and specifications or which .are .customarily furnished or performed, shall ec;essary carry
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.
F PROPOSALS. An bid ~ma be withdrawn at any time prior to the time fixed in the public 21.10 VIi~ITHDRAWAL 0 Y Y
otice for the of bids b written request for the withdrawal of the :bid filed with the Purchasing Department. The n ope~g Y
written t 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.
F PROPOSALS. Pro owls will be opened and read publicly at the time and place 21.11 PUBLIC OPENIlVG 0 P
indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present..
. DERS. Attention is directed to the rovisions of Public Contract Code Sections 5100 to 510?, 21.12 RELIEF OF BID P
inclusive, conce 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:
An state a enc ma end, for a period of up to three (3) years from the date of conviction, any person Y g Y YAP.
from bidding upon, or being awarded, a public works or services contract with the agency under this part or from bein a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, g
director, r nsible 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, an ublic works contract, as defined in Section 1101., with .any public .entity, as defined in Section 1100, YP
includin for the purposes of this article, the Regents of the University of California or the Trustees of the g
California State University. A state agency may determine the eligibility of any person to enter into a contract
7
. of material or supplies;
d. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing. and supervising the work with its own forces. The
DBE joint venture partner must share in the ownership, control, management responsibilities, risks and
rofits of the joint venture. The DBE joint venturer must submit the point venture agreement, and either P
Schedule B of the Regulations or California Department of Transportation Business Enterprise Program
form entitled uMinortylDisadvantagedlwomen Business Enterpnse Joint Venture. This information must
be submitted with the DBE Information form required in "DBE Information" elsewhere in these special
provisions;
e. A DBE must rform a commercially useful function, i.e., must be responsible for the execution of a Pe
distinct element of the work and must carry out its responsibility by actually performing, managing and
supervising the work;
f. Credit for a DBE vendor of materials or supplies is limited to sixty percent (60 9b } of the amount to be paid to the vendor for the material unless the,vendor manufactures or substantially alters the goods;
g. Credit for trucking by DBE's will be as follows: .
1 The amount to be paid when a DBE trucker will perform the trucking with hislher own trucks, tractors and
.employees.
2 One hundred rcent (100 of trucking costs will be allowed for all trucking acquired through certified ) 1~
DBE trucking brokers;
h. DBEs and DBE 'oint venture partners must be certified as of the date of bid opening either by the California J
D ent of Transportation, or by a participating State of California or local agency which certifies in epartm
accordance with Title 49, Code of Federal Regulations, Part 23. Listings of DBEs certified by the Department are available from the following sources:
i The De artment's DB/wBE Directory; which is published quarterly. The DBlwBE Director may be O P
obtained from the Department of Transportation, Material Operations Branch, Publication Distribution
Unit, .1900. Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520;
ii The D artment's Electronic Information Bulletin Board Service (DB/WBEIBBS), which is accessible O eP
b modem and is updated weekly. The DB1wBElBB may be accessed by first contacting the y D artment's Business Enterprise Program at Telephone: (916) 227-8937 and obtaining a user ep
identification and password; ~ -
iii The or aiuzations listed in "DBE firms is also available on the Internet at the following Internet address; g ~
http://www.dot.ca.govlhglbep -
i. Noncom Iiance b the Contractor with the requirements of the regulations constitutes a breach of this P y
contract and ma result in termination of the contract or other appropriate remedy for such breach. y
Bidders are encouraged tQ utilize services offered by banks owned and controlled by minorities or women. J
2-1.16 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%).
's r nsibili to make a sufficient portion of the work available to subcontractors and suppliers and to It is the bidder espo ty
t ose rtions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as selec th po
to assure meeting the goal for DBE participation.
meat has contracted with the following organization to assist DBE's in preparing bids for subcontracting or The Depart
supplying materials:
9
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENIERAL• The award of the contract, if it be awarded, will be to the lowest responsible bidder. The
lan a refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to g~8
satisfactorily perform the proposed work.
3.1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will. be made within
forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3-1.03 C®NTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an
' .admitted insurer as sei forth in Title XIV, .Chapter 2, Article. b 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
e ual to one hundred percent (100 9b) of the contract price. The other of the said bonds shall be in an amount of fifty q
rcent 50 ~ of the contract price and shall guarantee payment to laborers, mechanics and n9aterial worl~ers en~pioyed . pe ~ )
the •ob under the contract and -shall be in the amount and satisfy the requirements specified in .Section 3248 of the on ~ California Civil Code.
Whenever an surety or sureties on any such bonds, or on any bonds required by law for the protection of the y
chinos of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have
ome insufficient a demand in writing may be made of the Contractor~~for such further bond or bonds or additional bec
not ex than originally required, as is considered aec~.>sary, considering the extent of the work remaining to ~ for or an asst ee of the Contractor until be done. TheieaRer ao payment shall be marde upon such contract to .the Contrac y gn
such further bond or bonds or.additional surety-has been furnished.
NTRACT. The contraact shall be signed by the successful bidder and returned, .31.04 E~CU'fION OF CO
' e contract bonds and certificate of ir~suranee documents within ten (10) days, not including Sundays, after together with th
' e -has received notice that the contract has been awarded. The Commercial General Liability & workers' the bidd r 'on iD~ura~e licies should contain additional insured indorsements in favor of the City, its mayor, council,
Compeensatl po a eats a to ex's and volunteers, as required in these specifications. No proposal shall be considered binding officers, g nip y
' until the exexution of the contract. All contracts shall be considered as being made and entered into m the upon the City
City of .Bakersfield, California..
table bonds and submit certificate of insurance as provided herein within Failure to execute a contract file acxep
t incl Sunda s after the bidder has received notice that the contract has been awarded, shall be just ten (10) days, no udmg y , :cause for the cancellation of the award-.and the forfeiture of the proposal guaranty.
EES.. Within ten.(10) days after the award of the contract, the 3-1.05 OF BIDDER S GUARANI
• rtes or form ford sit of .money that are not to be considered in making the award. .City, of Bakersfield wdl return any mo ~
tees will be held until the :contract has been finally executed, after which they will be returned All other proposal g~iaran
to the respective bidders whose proposals they- accompany.
11
(4) The aanaes of DBE's who submitted bids which were not accepted, a summary of the bidder's discussions
and/or negotiations with them, the name of the subcontractor or supplier that was selected for -that portion of work, and the reasons for the bidder's choice. If the reason for rejecting a DBE bid was price, give
the. price bid by the rejected DBE and the price bid by the selected subcontractor or supplier. Since the
u ' ' 'on of available DBE's is expected, only significant price differences will be considered as cause
for rejecting such DBE bids.
' (S) Efforts made to assist DBEs in obtaining bonding. lines of creit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to DBEs.
(b) Any additional data to support a demonstration of good faith effort, such as contacts with DBE assistance
agencies.
' -2,OIB AWARD OF CONTRACT. The awaid of contract, if it be awarded, will be to the lowest responsible bidder whose 3
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 or' contract.
3-2.42 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 lisped 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:
1 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.
(2) The listed DBE becomes bankrupt or insolvent.
3 The listed DBE fails or refuses to perform his subcontract or furnish the listed materials.
The Contractor sti ulated that a bond was a condition of executing a subcontract and the listed DBE (4} P
subcontractor fails or refuses to meet the bond requirements of the Contractor.
(5) The work performed by the' listed .subcontractor is substantially unsatisfactory and is not in substantial
cont'orm,ance with the plans and specifications, or the subcontractor is substantially decaying or disrupting the progress of the work.
(b) 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 orb other forces includin those of the Contractor) pursuant to prior written authorization of the Engineer.
DBE y ( g
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.
U n com letion of the contract, a summary of these records shall be prepared on Form CEM•2442 and certified correct by
pa P the Contractor or his authorized representative, and shall be furnished to the Engineer.
- SUBCONTRACTING. Attention is directed to the. provisions in Section 8-1.01, "Subcontracting," of the 3 2'~ " " " ubmission of DBE Information,
Standard Specifications, Section 2, Proposal Requirements and Conditions, Section 3, S
Award, and Execution of Contract", elsewhere in these special provisions.
13
CTION 4. BEGINNING OF WORK, TItiiE OF COMPLETION AND SE
LIQUIDATED DA1ti1AGES
41.01 G .Attention is directed to the provisions of Section 8-1.03, "Beginning of Work," Section
8-1.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 era ra h of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to P 8 P read:
The Contractor shall begin work within fifteen (15) days after receiving written notice
to roeeed. The Contractor shall diligently prosecute the lama to completion before the P
expiration of ~ working days. ~ ~ .
w da s will commence from the date the Contractor begins work or the 15th calendar Contract orking y first.
.day from the date of the written notice to proceed, whichever -comes
e Ci of Bakersfield the sum of 5~~4_44 per day for each and every calendar The Contractor shall pay to th ty ,
da 's delay in the work in excess of the number of working .days prescribed above. , Y
rmin to the uirements of above paragraph shall be considered as included in Full compensation for confo g 1eq
the rices aid for the various items of work and no additional allowance will be made therefor. P P
e En 'ricer with a statement from the vendor that the order for the electrical . The Contractor shall furnish th gi
e uired for this contract has been received and accepted by said vendor, and said statement shall be furnished materials r q
' 15 calendar da s from the date of the contract. Said statement shall show the date or .dates the electneal within fifteen ( } y .materials will be shipped.: .
' on the ro'ect without rior written approval of the Engineer until all components~necessaiy No work shall begot P J P
si stem are on hand. The Contractor will be granted an extension of time and will not be a,~rssed for operation of the goal sy
' ~ es or the .cost of a ring and inspection for any portion. of the delay in completion of the work with hgwdated dano~ag n!
cturin time should a royal be given to begin prior to delivery of all signal system components. The caused by manufa g PP 'on shall be the wo da s between. ~ date as determined according. to Special Provisions, Article
number of days extensi ~8 Y all .co rents thz Contractor 4-1.01 and the date of receipt of all components as by the Engineer. Upon receipt of mpo ,
shall notify the Engineer in writing and the Engineer will order start of work in writing.
. 15
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. TV~VIrNTY FIVE DOLLARS ($257 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.
PAYROLL RECORgS. Tic fourth paragraph in Section 1-I.OIA(3), "Payroll Records," of the 51.05
Standard Specifications is deleted and shall not apply to this contract.
_ RIMIntATION. Attention is .directed to Section 7-1.OlA(4), "Labor 51.06 LABOR NONDLSC
Nondiscri~iination," of the Standard Specifications and these special provisions.
• directed to the uirements of the California Fair Employment and Housing Act (Government
Attention is also req e Sections 12900 throw h 12996), to the regulations promulgated by the Fair Employment and Housing Commission Cod g
to ' lenient said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements
in the special provisions. _ - - -
.The Contractor's attention is directed to Article 7-1.OlA(S), "Apprentices," of 51.07- APICES
e Standard S ifications. All Contractors and Subcontractors shall. comply with the provisions of Labor Code Sections, th pec
1177.5, 1777.b, 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:
" T FOR AN APPLICATION FORA .CERTIFICATE OF APPROVAL TO 1. A copy of a REQUES EMPLOY AND TRAIN APPRENTICES ON PUBLIC WOR,KS." This request shall be submitted
of Industrial Relations, Division of Apprenticeship Standards on the Contractor's to the local Department
and each Subcontractor's .letterhead Ar.DAS 140, enclosed with these specifications.
val toe to and train rentices from the local Departmznt of Industrial Relations, 2. A copy of an appro nip y aPp
Division of Apprenticeship Standards.
ar ainin A reemeat with the Joint Apprenticeship Committee providing for 3. Proof of a Collective B g g g
apprentices.
submitted b the low. bidder to the City of Bakersfield with the signed contract One of the above shall be y
documents.
_ .The Contractor shall co 1 with Section 6705 of the Labor Code which provides
51.08 TRENCH SAFETY ~ Y
that the Contractor's responsibility shall be as follows:
' t includes an ex enditure in excess of TWENTY-FIVE THOUSAND If the contract pnce for the pro~ec p
.DOLLARS ($25,000) for excavation of any trench or trenchesfive feet or more in depth,..the Contractor
or his Subcontractor shall not begin any trench excavation unless a detailed. plan, showing the design of shonng,
b slo in or other revisions to be made fore worker protection during .the excavation of the trench, P g p
been submitted b the Contractor to the City Engineer and the detailed plans have been .reviewed by the has y City Engineer.
' s stem standards established by the Construction Safety Orders of the If such plan vanes from the shonng y
Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
to allow the use of a shorin ,sloping, or protective system less effective Nothing in this section shall be deemed g
than that required by the Construction Safety Orders of the Division of Industrial Safety.
17
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, ~ma~ fnrrn comrr~r~i~l ~e, ~~i li,~ability insure ce, 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.
Z Contain an additional insured endorsement in favor of the City, its mayor, council, }
officers, agents, employees and volunteers.
~ ~ ~ with statutory limits and employer's liability insurance with limits
c. of not less than one million dollars ($1,000,000) per accident; and the policy .shall contain a waiver
of subro ation endorsement in favor~of the City, its mayor, council, officers, agents,.. employees g
and volunteers..
e CONTRACTOR shall be rimary insurance as respects the City, its mayor, council, All pohcres regwred of th P
and volunteers and an insurance or self-insurance maintained by .the City, .its officers, agents, employees y the CONTRACTOR's insurance
mayor, council, officers, agents, employees and volunteers shall be excess of and shall -not contribute with it.
with a Bats' ra ' of no less than A:VII. Any deductibles, self-insured Insurance is to be placed wrth insurers ~ 'se r uired b this
retentions or insurance m lesser amounts, or lack of certain types of insurance othervv~ eq y
A went, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement
and approved by the City in writing.
nt rovi ' the Ci ~ with thirty (30) days written notice of cancellation All policies shall contain an. endorseme p ~ ' uin liabili
or material char a in licy language or terms. All policies shall provide that-there shall be contin g ty g Po
thereon, notwithstanding any recovery on any policy.
' ereunder shall be until all work required to be performed by..this Agreement The u~~u~nce regwrecl h
is satisfactorily completed as evidenced by written acceptance by the City.
e Ci Risk Mara er with a certificate of insurance and .required endorsements The Contractor shall furnish th ty g
videncin the insurance r uired under the Agreement. This certificate with the required endorsements e g ~
with.the executed contract as specified in Section 3-1.04, "Execution of Contract , of these must be returned
' cations. The Ci ma withhold payments hereunder if certificates of insurance and endorsements specifi ty Y
required in the Agreement are not maintained.
't if an art of the work under this Agreement is subcontracted, the Unless othen~nse approved by the Ci y, y P all subcontractors even
"basic insurance requirements" set forth above shall be provided by, or on behalf of,
if the City. has approved lesser insurance requirements for Contractor.
. At the reconstruction meeting, the Contractor shall provide 5-1.14 CONTRACTOR S AUTHORITY p
the Cit with the foreman's or superintendent's name who will be in charge of this project. Y
- 1 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165, "Damage 51. 5
Tidal Wave or Earth uake," of the Standard Specifications is deleted and shall not apply to this contract. by Storm, Flood, q
ETS. All of the work shown on the plans and included in these specifications 5-1.16 WORK IN CITY S'TRE di nce re ulatinQ
ated in the ublic streets in the City of Bakersfield shall be done in accordance with City Or na g that ~ Ioc P
the use of public streets within the Ciry, except as otherwise provided herein.
19
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
when an and all such causes are removed, certificates shall be issued for amount withheld.
Y
- .07B "Final Pa nt and Claims," of the Standard Specifications is amended The fifth paragraph m Section 9 1 y~
to read:
' ector will make the final determination of any claims which remain in dispute after coinple~i(~n of The Dir
' review. Aboard or erson designated by said Director will review such claims and make written claim P recommendation thereon.
' shall, after the completion of the contract, make a final estimate of the am®unt ®f w®rk The City Engineer
of such work, and the City shall pay the entire sum so found to be due after deducting therefrom done themunder, anid the value
amounts to be ke t and all amounts to be retained under the provisions of the contract. All all previous payments and all P
' and a ments shall be subject to correction in the final esti..mate and payment. The final payment pnor partial estimates p y until the ex iration of thirty (30) days from the date the "NOTICE OF COMPLETION" is
shall not be due and payable P 's Office and after execution and return by tie Contractor of the attached GU E recorded at the County Recorder .
when applicable.
a eed between the arties to the contract that no certificate given or payments made under It is mutually gr P
nal certificate or final ayment, shall be conclusive evidence of the performance of the -contract, the contract except the fi P
' a ainst an claim of the party of the first part, and no payment shall be constnied to be an acceptance either wholly or in part, g y .
of any defective work or improper materials.
ent of the final amount due under the contract, and the adjustment And the Contractor further al;rees that the paym a the Ci the Ci Council,
an work done in accordance with any alterations of the same, shall releas ty, tY and. payment for y
alI claims or liabili on account of work performed under the contract or any alteration and the Engineer from any and tY
thereof.
- IES. Theword "compensation" inthefollowingparagraphs 5-1.22 INCREASED ORDECREASED QUA~N'TIT
the Standazd S ecifications is replaced with the words "unit price": of P
.Third. aragraph of .Section 18-1.05, "PAYMENT" . P
Fourth pazagraph of .Section 24- l . l 1, "PAYMENT".
Eleventh era raph of .Section 39-8.02, "PAYMENT". . P g
ontractor shall be held responsible for his workers and 5-1.23 HAZARDOUS MATERIALS. The C s are encountered
' and their education of handling hazardous matenals when hazardous material subcontractor swell-being
during this project.:.
21
General Decision Number CA980032
Superseded General Decision No. CA970032
State : Calif ornia - _
Construction Type:
` BUILDING
DREDGING
HEAVY
HIGHWAY
County (i a s) KERN ~ . .
r
N PROJECTS; DREDGING PROJECTS {does not BUILDING CONSTRUCTIO JECTS does r dyed a work);.HEAVY. CONSTRUCTION PRO t
include hoppe g drillin HIGHWAY .not include oil well dri111ng or water well g ,
CONSTRUCTION PROJECTS
Modification Number Publication Date 0 02/13/1.998
1 - . _ -03/13/1998
0032 - 1 03/131998 CA98
Diver, stand-by 26.43 5.10
Diver tender 25.43 5.10
cARP0003U 0?/01/1996 , Rates Fringes
CARPENTERS
Carpenter including drywall
lathing}, cabinet installer,
floor worker and. acoustical
.installer ~ ~ 23.23 5.10
.Insulation installer: r •Wood~framenon-residential ~ .
or concrete block or
. tilt=u .Types I IL, IV and ~ ~ , - - P
v construction - : ~ ......17.00 ..4.81
All~~`other-work _ - . : - . =23.23 . _ _ 5.10 - - ; .
Shin ler 2 3.3 6 ~ 5.10 g ~ ~ 23.31 .5.10
Saws f filer ' ' Table. ower saw operator 23.33 5.10
P Pneumatic nailer or power
sta ler 23.48 5.10 P ~ 20.80 :5.10
Commercial fence builder
Roof loader of shingles
commerc ial ~ 16-. 3 5 5.10 ~ _ _ 5.10 Millwright 24.30
Pile driver; Derrick barge;
Bridge or dock carpenter;
Cable splicer.;. Heavy framer; .
Rock slin er 23.93 5.10 g
Head rock slinger 24.03 5..10
Rock bar a or scow 23.83 5.10 g
CARP00040 11/01/1993 _ - ,
Rates ~ Fringes
TILE FINISHER:
Edwards Air Force Base; and Naval
-Air Wea ons Station, China Lake 16.98 3.40 P Remainder of County 13.98 3.40
ELECOOIIG 12/01/1992 ,
Rates Fringes
COMMUNICATIONS AND SYSTEMS WORK:
COMMUNICATIONS & SYSTEMS: ~ 40
Installer 16.15 3~ + 3.
clinician 17.90 3% + 3.40 Te
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
CA980032 - 3 03/13/1998
Work on structures defined as
areas to which the public has
access that do not exceed
6,000 sq. ft. and that do
not exceed 3 stories 13.75 4.25% +2.75 a '
Tunnel work:
Electrician 2.7.30 4..25% +6.30
Cable s licer; Heliarc welding 30.025 4.25% +6.30 P
All other work:
.Electrician 21.84 4.25% +6.30 Cable s licer; Heliarc welding 24.02 4.25% +6.30
P . - -
ELEC04288 03/01/1996 - ~ ~ ~ ~
Rates Fringes
LINE CONSTRUCTION : ~ ~ -
Edwards Air Force~Base; and Naval
Air Weapons Station, China Lake:
Ground erson/Truck driver 21.13 4.25% +6.30 P
Line technician; Heavy .
e i ment operator 2 6.5 9 4_.25.% +6.3 0 ~P
Cable s licer 28.77 4.25% +6.30 P
Remainder of County:
son Truck driver 16.38 -4.25% +6.30 Ground per /
Line technician; Heavy a
e i ment o erator 21.84 4.25 +6.30 ~P P
.Cable s llcer 24.02 4.25 +6.30 P
* ELEC1245A 06/01/1997
. .Rates Fringes ,
OUTSIDE UTILITY TRANSMISSION WORK: o
Line worker• Cable splicer 28.64 4.5~ +6.78 Powder worker 27.21 4.5% +6.54
Ground erson 18.62 4.5% +6.50
• P 30.07 4.5.% +7.02 . .Line worker, welding
S-COPE OF WORK:
tside work on electrical transmission lines, switchyards A11 ou
and substations, .and outside work in electrical utility distribution s stems owned, maintained and operated by
• •y• i alities or overnmental electrical utility companies, munic p g
agencies.
CA980032 - 5 ~ 03/13/1998
GROUP 12 29.30 9.95
GROUP 13 3 0.3 0 9.95
TEL GROUP: GROUP 1~ 25.58 9.95
GROUP 2 25.87 9.95
GROUP 3 26.01 9.95
GROUP 4 26.23 9.95
.GROUP 5 26.34 9.95
GROUP 6 26.46 9.95 GROUP 7 26.76 9.95
. .POWER .EQUIPMENT OPERATOR CLASSIFICATIONS
~ . ~ ~ _ ~ ressor o erator, ~ Ditch 1~tch, with _ -GROUP 1. Barge , .brake , .comp p _ ~ _ ,
seat or similar t e equipment, elevator. operator. ~ inside; . _ YP
en ineer oiler, generator operator, generator;~pump or compressor g pant operator, pump operator, signal, switch
P , GROUP 2: Concrete mixer operator - skip type, conveyor
o erator fire erson, hydrostatic pump operator, oiler crusher P p when .wheel t e u to
(asphalt or concrete plant), skiploader ( YP P
3/4 yd. without attachment), tar pot fire .person, temporary
heating plant operator, trenching machine operator
` nt Teaser {rack} ,Ford- Ferguson {with dragtype .GROUP 3 : Equipme g ,
attachments), helicopter radio {ground},.power concrete curing
machine o erator, power concrete saw operator, power -.driver P _
'umbo form setter o erator, tationary pipe wrapping and cleaning J p
machine operator
P 4: As halt lant fire person, backhoe operator (mini-max GROU p p
or similar t e), boring machine operator, box or mixer (asphalt YP
or concrete) , , chip spreading machine .operator, _ .concrete pump
o erator (small ortable) , drilling-~machine~ operator, small auger p p
t es (Texoma super economatic or similar types .Hughes 100 or yP
200 or similar t es - drilling depth of 30' maximum},..equipment YP
Baser (Tease truck), guard rail post driver operator, highline ~ 9, cableway signal, hydra-hammer-aero stomper, power .sweeper
o erator roller o erator {compacting), screed operator (asphalt p ,
or concrete), trenching machine operator (up to 6 ft.) .
GROUP 5 : E ipment greaser, (grease truck/multi-shift)
GROUP 6: As halt plant engineer, batch plant operator, bit p sha ever, concrete joint machine operator (canal and similar
t e concrete laner operator, deck engine operator, derrick
YP } , P , {oilfield type), .drilling machine operator, bucket or auger types
(Caldwell 100 bucket or similar types - Watson 1000,auger or
similar types - Texoma 330, 500 or 600 auger or similar types
ti drilling depth of 45' maximum}, drilling machine operator,
h dro ra hic seeder machine operator (straw, pump or seed), Y g P
Jackson track maintainer, or similar type, Kalamazoo switch
CA980032 - 7 03/13/1998
as or electric), motor patrol - blade operator (single engine), 9
multiple engine tractor operator (Euclid and similar type.-
ce t ad 9 cat.} rubber-tired earth-moving equipment operator ex p Qu
(sin le engine, over 50 yds. struck), rubber-tired earth-moving •g Cate illar and
equipment operator (multiple engine, Euclid, rp . similar over 25 yds. and up to 50 yds.}, tower crane repair
erson, tractor loader operator (crawler and wheel type over 6- P for and similar u 'll equipment}
1/2 yds , Woods mixer opera ( P g~
GROUP 10 : Heavy-duty repair-welder combination (multi-shift }
GROUP 11: Auto grader operator, automatic slip form operator, drillin machine operator, bucket or auger types (Caldwell, auger g
200 CA or similar types - Watson auger 6000 or~_similar types -
' in de th of 175' maximum} , hoe ram or similar .with , drill g p
com ressor, mass excavator operator, mechanical finishing machine P
o erator, mobile form. traveler operator., _ motor _pat.rol _ operator ~ _ _ P
(multi-en ~ine}, pipe mobile-:machine operator, rubber-tired earth- • g~ ~ ~ EuclidCate illar moving equipment operator (multiple engine, rp
and similar type, .over 50 cu. .yds. struck}, rubber-tired self-
a in scra er o erator (paddle-wheel-auger type self-loading - lo d g p p
two (2 } or more. units }
GROUP 12: Rubber-tired earth-moving equipment operator
o eratin a ipment with push-pull-system (single engine, up to P g ~ and including 25 yds. struck}
.GROUP 13: Canal liner operator, canal trimmer operator, remote-
control earth-moving equipment operator, wheel excavator operator
GROUP 14: Rubber-tired earth-moving equipment operator,
o eratin e i merit with push-pull system (.single engine, P g ~P Cate illar, Euclid, Athey Wagon and similar types with any and rp
-all attachments over 25 yds. and up to and including 50 yds.
k rubber-tire.dearth-moving equipment. operator, operating struc } , •
e i merit with push-pull system (multiple engine - up to and ~P
including 25 yds. .struck)
GROUP 15: Rubber-tired earth-moving equipment .operator,. o eratin e i ment with push-pull system (single engine, over 50
P g ~ P ent o erator yds. struck}, rubber-.tired earth-moving equipm p ,
o eratin e i merit with ...push-pull system (multiple engine, P ~ g ~ P ~ and u to 50 ds.
Euclid, Caterpillar and similar, over 25 yds. p Y
struck}
GROUP 16: Rubber-tired earth-moving equipment operator,
o eratin equipment with push-pull system (multiple engine, P g 0 cu. ds. struck), tandem Euclid, Caterpillar and similar, over 5 y
tractor o erator (operating crawler type tractors in tandem - P
Quad 9 and similar type}
GROUP 17: Rubber-tired earth-moving equipment operator,
o eratin in tandem (scrapers, belly dumps and similar types in P g it -sin le en ine, up
any combination, excluding compaction un s g g
CA980032 - 9 03/13/1998
GROUP 3: A-frame or winch truck operator; Ross carrier operator
(jobsite}
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
• er crane (Austin-Western or similar type}; Tugger GROUP 5. Sting
hoist operator (1 drum}
• o erator• Cretor crane operator;~Fork GROUP 6. Bridge crane p ,
lift o erator Cover 5 tons} ; Hoist .operator (Chicago boom and P
similar t e}; Lift mobile operator; Lift slab machine operator ~ 'al hoist o erator; Shovel, wagtborg and similar types}; Materi p.
backhoe~ dra line, clamshell operator hover 3/4 yd. and up to 5 g ,
cu. yds. mrc}; Tugger hoist operator
GROUP '7: Pedestal crane .operator; ..Shovel, backhoe, dragline,
rator over 5 ~ cu . yds . mrc } ; Tower crane repair; clamshell ope t
Tugger .hoist operator (3 drum}
• ~ rane o erator (u to and including 25 ton capacity} ; GROUP 8. C p P
awler~trans orter o erator; Derrick barge operator (up to and . Cr P P
includin 25 ton capacity} ; Hoist operator, stif f legs, Guy
• g ~ d includin 25 ton ca acity}; derrick or similar type. Cup to an g P
Shovel backhoe, dragline, clamshell operator (over 7 cu. yds.
tnrc }
• Crane o erator_:.(over.25.tons and up to and including GROUP 9. p
ons mrc Derrick barge operator (over 25 tons up to and 50 t
includin 50 tons mrc}; Highlne cableway .operator; Hoist g
o erator, stiff legs; Guy derrick or similar type (over 25 tons P
u to and including 50 tons mrc}; K-crane operator; Polar crane P
operator; Tower crane operator
• rator over 50 tons and up to and including GROUP 10. Crane ope, (
100 -tons mrc}• Derrick barge operator (over 50 tons up to and,
' ludin 100 tons mrc} ; Hoist operator., .stiff .legs, .Guy derrick. inc g and includin IOO tons mrc}
or similar type (over 50 tons up to g
• erator (over 100 tons and up to and including
GROUP 11. Crane op .tons mrc}• Derrick barge operator (over ..100 tons up to and 200 ,
' din 200 tons ~ mrc} ; ..Hoist operator, stif f legs, Guy derrick inclu g
' filar t e (over 100 tons up to and including .200 tons,mrc}; or sim yp
bile tower crane o erator (over 100 tons up to and including Mo P
200 tons mrc}
UP 12: Crane o erator (over 200 tons up to and including 300 GRO P ons mrc}• Derrick barge operator (over 200. tons up to and t
' 'n 300 tons mrc}; Hoist operator, stiff legs, Guy derrick include g
or similar t e (over 200 tons, up to and including 300 tons
. ~ 00 tons u to and mrc}; Mobile tower crane operator (over 2 P
including 300 tons mrc}
CA980032 - 11 03/13/1998
person-oiler 24.98 9.95
IRONOOOlA 07/01/1997
Rates Fringes
IRONWORKERS: Ornamental, reinforcing and
structural 22.68 13.17
c Fence erectors 21.79 13.17
LABOOOOIB 01/01/1998 , Rates ~ Fringes
BRICK TENDER:
Subcontracts over $3 million 17:68 ~ 9.24
Subcontracts of $3 million or
. _ _ . -less - 15.64 - . ~ -_5.23
LABO0002B 01/01/1992 , Rates Fringes
PLASTERER TENDER:
.:Edwards Air Force~Base; Elk-Hills
Naval Reserve; and Naval Air .
Wea ons Station, China Lake 18.64 7.91 . P
Remainder of County 14..96 7.91
~oooo2H o7/0l/1997 - - .
Rates Fringes
:LABORERS:
GROUP-1 17.43 x•29
GROUP 2 17.83 9.29
GROUP 3 18.03 9.29 ' 19.08 -9.29 GROUP 4 ~ .
GROUP 5 19.28 .9.29
'TUNNEL LABORERS:
GROUP 1 20.34 9.29
GROUP 2 .20.46 _9.29
,GROUP 3 20.62 9.29 -GROUP 4 20.90 9.29
GUNITE LABORERS:
GROUP 1 19.86 10.58
. GROUP 2 18.91: 10.58
GROUP 3 16.40 10.58
' RS ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A
HOUSEMOVE t . CONSTRUCTION CONTRACT:
Housemover 15.50 8.38
Yard maintenance person 15.25 8.38
CA980032 - 13 03/13/1998
(.lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush shredder;
Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete a pile cutter; Driller, jackhammer, 2-1/2 ft . drill steel or
longer; Dri-pak-it.machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and out; High
scaler (including drilling of same}; Hydro seeder and similar
type; Impact wrench multi-plate; Kettle person, pot person and
workers applying asphalt, lay-kold, creosote, lime caustic and
similar type materials ("applying" means applying, dipping, brushing or handling of such materials far pipe wrapping .
and waterproofing) ; ..operator of pneumatic, gas ; electric ..tools,
vibrating machine, pavement breaker, air blasting, come-alongs,
and similar mechanical tools not: separately classified ~here~in;
_ _ . ~i 'ela~ ~er' s backu person, ..:coating, grouting, making of j oi~ts, P Y P
sealing, caulking, .diapering and including rubber ,gasket : ~ oi.nts,
intn and an and all other services; Rock Slinger; Rotary Po g y ~ ~ . scarifier or multiple head concrete chipping scarifier; Steel
headerboard and guideline setter; Tamper, Barko, Wacker and
similar type; Trenching machine, hand-propelled
GROUP 4: As halt raker, lute person, ironer, asphalt dump P
person, and asphalt spreader boxes (all .types}; Concrete core cutter (walls, floors or ceilings}, grinder or sander; Concrete
.saw person, cutting walls or flat work, scoring old or .new
concrete; Cribber, shorer, lagging, sheeting and trench bracing,
hand-.guided lagging. hammer; Head rock slinger; Laborer, .asphalt-
rubber distributor boot person; Laser beam in connection with
laborers' work; Oversize concrete vibrator .operator, 70 lbs. and
over• Pi ela er erforming all services in the laying and P Y P :installation of pipe 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,
conduit and any other stationary type of tubular device used for
the conveying of any substance or element, whether water, sewage,
solid as air, or other product whatsoever and without regard to g
the nature of material from which the tubular material is fabricated; No- ' oint ipe and stripping of same; Prefabricated
7 P manhole installer; Sandblaster (nozzle person), water blasting,
.Ports Shot-Blast; Welding in connection with laborers' work
-GROUP 5: Blaster powder, all work of loading holes, placing and
blasting of all powder and explosives of whatever type,
re ardless of method used for such loading and placing; Driller: g All power drills, excluding jackhammer, whether core, diamond,
wagon, track, multiple unit, and any and all other types of
mechanical drills without regard to the form of motive power;
Toxic waste removal
. TUNNEL LABORER CLASSIFICATIONS
CA980032 - 15 03/13/1998
GROUP 3 19.61 7.84 GROUP 4 20.61 ?.84
LABORERS - STRIPING CLASSIFICATIONS d.
P 1: Protective coating, pavement sealing, including repair GROv
and f illin of cracks by any method on any surf ace in parking g rsto s• o eration of all lots, game courts and playgrounds, ca p p
related machinery and equipment
2: Traffic surface abrasive blaster; pot tender - removal GROUP
of all traffic lines and markings by any method (sandblasting,
waterblastin , finding, etc . } and preparation of surf ace for g ~ 'n and directin
coatings. Traffic control person: controlli g g traffic through both conventional and moving lane closures;
- ration of all related. machinery and equipment _ - . ~ - ~ - ope
• delineatin device applicator: Layout and GROUP 3 . Traffic g
lication of avement markers, delineating sgns,•rumble and• app p her traffic delineating
traffic bars, adhesives, .guide markers, of vices includin traffic control. This category includes all
de g waterblastin , traffic related surface .preparation (sandblasting, • g
rindin) as part of the application process . Traffic protective g g• oyes relocates, installs,.
delineating system installer. rem ,
1 affixed .roadside and parking delineation barricades, permanent y
f enc in , cable anchor, .guard rail , reference signs , monument g
• o eration of all related machinery and equipment; power markers, p
broom sweepers
• Stri er: la out and application of traffic stripes and GROUP 4. p y
markin s• hot thereto plastic; tape traffic stripes and. markings,
• g ' ~ n of all related machinery and including traffic control, operatio
equipment
PAIN0036C 01/01/1998 ~ ,
Rates Fringes
PAINTERS:
Work on service stations and car
washes; small new commercial
work {construction up to and .
including 3 stories~in height, such as small.
shopping, centers, small
stores, small office
buildings and small food .
establishments); small new
industrial work (light metal
buildings, small warehouses, small storage facilities and
tilt-up buildings); and
tenant improvement work
(tenant improvement work not
CA980032 - 17 03/13/1998
and Weldon 25.21 8.18
Encompasses the far eastern side
of Kern County, which includes
Edwards Air Force Base, Rosamond,
Boron, China Lake Naval Weapons
enter and Rid ecrest 27.21 8.18 C ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - . - r - - - - - -
ROOF0027B 03/01/1996 es
_ Rates Fring 19.40 ~ ~ 6.30
ROOFER
SFCA4669G 01/01/1996 ~ ~
. Rates Fringes
R FIRES _ 24.55 - = 6.28- ~ - - SPRINKLER FITTE
SHEE0102D 01/01/1995 . Rates Fringes
ROM RED MOUNTAIN TO THE INYO COUNTY LINE: EAST OF HWY. #395 F
- CONIl~iERC IAL SHEET METAL WORKER Work on all commercial HvAC for
creature comfort and ,computers
clean rooms, architectural metals,
metal roofing and lagging, over
ulation 25.25 8.11 ..ins
SHEE0102F 01/01/1995
Rates Fringes
FROM RED MOUNTAIN TO THE INYO COUNTY LINE: EAST OF HWY. #395
INDUSTRIAL SPECIALTIES SHEET METAL. WORKER:
Work on all air pollution control
systems, noise abatement panels,
. blow pipe, air-veyor systems.,
dust .collecting, baghouses,
heatin air conditioning, and. g ature
ventilating (other. than cre mfort .and all other industrial co ~
work, including metal insulated
• s ~ 24.46 .11.22 ceiling
_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - w - - s - -
SHEE0108A 07/01/1997
CA980032 - 19 03/13/1998
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete
truck,- less than 6-1/2 yds. water level
-GROUP 5: Water truck, 3 or mare axles; Truck greaser and tire
rson 0.50 additional for tine person); Pipeline and utility . pe t$
kin truck driver, including winch truck and plastic fusion, wor, g it work• Slu truck driver
limited to pipeline and util y ~'Y
6: Transit mix truck, 3 yds.. or lmore; Dumpcrete truck, GROUP
- ds. water level and over; Vehicle or combination of 6.1./2 y truck 16 ~rehicles - 4 or more ax1e;~0i1 spreader truck, Dump
ds. to 25 yds. water level ~ -
Y
• Frame Swedish crane or similar; Forklift driver; GROUP A ,
Ross carrier driver - ~ ~ ~ ' . vel ; Truck z-
Dum truck 25 ds . to.._49..yds : ~ water_..le _ , - . GROtTP 8 . p , . _Y _ _ Welder
' - ~ son • Water ull single engine; , . ~ . . repair per P . _ . . _ , : .
UP 9: Truck re air person welder; Low bed driver, 9 axles GRO P
or over .
Dum truck- 5O yds. or-more water level; Water pull GROUP 10 p
-single engine with attachment
• r ull -twin engine; Water pull -twin engine GROUP. 11. Wate p
' attachments• Winch truck driver - $1.25 additional when with ,
o erating winch or similar special attachments
p .
- Receive rate. rescribed for craft performing operation WELDERS P to which welding is incidental.
• ations needed for work not included within Unlisted classific
sco a of the classificationslisted may be ;added of ter- . ,the p ds contract clauses
award onI as provided in the labor standar y
X29 CFR 5.5ta) {1) tv)} •
In the listin above, the "SU" designation means that rates g reflect collectlvel
listed under that identifier do,not Y,
bar ained wa e~and fringe benefit rates. Other designations
• g •g ~ een determined to be indicate unions whose rates have b
prevailing.
WAGE DETERMINATION APPEALS PROCESS
r re been an initial decision in the matter? This can 1.) Has the
be•
CA980032 - 21 03/13/1998 .
.Attachment II ~ Exhibit A
CTION 14. FEDERAL RE UIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS SE Q
GENERAL.-The work herein proposed will be financed in is form need not be filled in tf all Joint venture firms are
whole or in part with Federal funds, and therefore all of the ~h t owned.
statutes, rules and regulations promulgated by the Federal Gov• mtnori y ) ernment and appltcabie to work financed in whole or in part
with Federal funds will apply to such work. The "Required I. Name of joint venture
Contract Provtstons, Federal-Aid Construction Contracts, 'Form FHWA 1213, are Included in this Section I4. Whenever _
to said required contract ~rovistons references are made to 'SHA contracttng officer , "SHA "resident engineer". it be 2. Address of joint venture
"authorized representative of the SHA ,such references sha
' construed to mean "Engineer" as defined to Section 1.1.18 of the Standard Specifications. .
PERFORMANCE OF PREVIOUS CONTRACT.-In ad• 3. Phone number of joint venture
dition to the provisions in Section It,'Nondiscrimination," and _
Section VII. 'Subletting or Asst Wing the .Contract." of the re- ui ed contract rovisions, the contractor shall comply with which tom rise the otnt venture. (The q r P 4. Identify the firms p
the following:
the CERTIFICATION WITH RE- MBE partner must complete Schedule A.) The bidder shalt execute
CARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS ORSUBCONTRACTS SUBJECT TO THE EQUAL
.OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. -No request
for sublettingg or assigning any portion of the contract in ex- a. Describe the role of the MBE firm in the joint venture.
cess of 510.000 will be considered under the provisions of Section VII of the required contract.pprovisionsuWless su tc
' accom anted b the CERTIFICATION referred request ~s above, executed, by the proposed subcontractor..
~_N
NON-COLLUSION PROVISION.-The provisions in this b, Describe very briefly the experience and business section are applicable to all contracts except contracts for
Federal Aid Secondary projects. 112 r titres as a qualifications of each non•M8E joint venturer. Title 23, United Staten Code. Section eq
condition precedent to approval by the Federal High fil
Administrator of the contract for this work that each bidnetlrrn. a sworn statement executed by, or on behalf of, the perso .
association, or corporation o whom such contract is to be
awarded, certifying that such person, 8rtn, association, or 5 Nature of the joint venture's-business either directly or indirectly, entered into corporation hasnot,
any. agreement, participated In any collusion, or otdhien i ~ _ taken any action: in restraint of free competitive bid g
.connection with the submitted .bid. A form. to make the non- 6. provide a copy of the. joint venture agreement.
collusion affidavit statement required by Section 112 as a certification under penalty of pperjury rather than as a sworn 1, What is the claimed percentage of MBE ownership? _
atement as ermined b 28, USC. Sec.1146. is included in the _ st p Y Pcoposal._ - _ , _ _
PARTICIPATION BY MIlVORITY BUSINESS EN• g, p„mersht of otnt venture: (This need not be filled in if TERPRISES IN SUBCONTRACTING.-Part 23, Title 49, p ~
Code of Federal Regulations applies to this Federat•aid project. described in the joint ventwe agreement, provided by Pertinent sections of said Code are incorporated to part or in its
entirety within. other sections of these special provisions. .question 6.).
Schedule B-Information for Determining Joint Venture Eit-
gibilicy
Revised 3.9~
08-47~9~
FR-1
Attachment II Exhibit B
RE UIRED CONTRACT PROVISIONS
FEDER L-AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Disputes within the meaning of this clause Include disputes
between the contractor (or any of its subcontractors) and the c Page contracting agency, the DOL. or the contractors employees or
I. .Genera! . 3 their representatives.
II. Nondiscrimination 3 III. Nonsegregated Facilities 5 6. Selection of Labor: During the performance of this
' IV. Payment of Predetermined Minimum Wage 6 contract, the contractor shall not:
4'. Statements and Payrolls 8 a. discriminate against labor from any other State, posses- VI. Record of Ntatertals, Supplies, and Labor 9 '
' n the Contract 9 lion, or territory of the United States (except for employment ~ II. Subletting or Assignl g preference for Appalachian contracts. when appitcab[e, as
1; III. Safety: Accident Prevention ................N.N..........N..N... 10 specified in Attachment A}. or IX. False Statements Concerning Highway Project....... 10
X. implementation of Clean AIr Act and Federal Vllater b. employ convict labor for any purpose within the limits
PoliutloR Control Act.......•~•~•••••• ...................N. N.N.N.N... t0 of the protect unless it is labor performed by convicts who are XI. Certification Regarding Debarment, Suspension, on parole, supervised release. or probation.
Ineligibility, and Voluntary .Exclusion 1 I NONDISCR[14iINATION
XII. . Certification Regarding .Use of Contract Funds for _ - ~ ~ - - - - r I~bby~ ..NN.........N NNN.N..NN...........N...NN.N.N..N.N..M.NN.. 12 ~
(A pliable to all Federal-aid constrnctlon contracts and to all related subcontracts of 510,000 or more.)
ATTACHMENTS
alachian Contracts 1• E9ua1 Employa~eai t?pportuatty: Equal employment .4. Employment Preference for A p o ortunit ,(EEO) requirements not to discriminate and to take
included -tn A alachian contracts only PP y under ( PP affirmative action to assure equal opportunity as set forth
AL laws, executive orders, rules, regulations (28 CFR 35. L GENER 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of
v hall a 1 to all work Labor as modified b the provisions prescribed herein, and im- 1. These contract pro isions s ~p y osed ursuant to Z3 U.S.C. 140 shalt constitute the EEO and
formed on the contract by the contractors own organization and s eciflc affirmative action standards for the.contractors project with the assistance of workers under the contractor s immediate activities under this contact. The Equal Opportunity
superintendence and to all work performed on the contract by .Construction Contract Specifications set forth under
piecework, station work. or by subcontract. 4 t CFR 60.4.3 and the pprovisions of the American Disabilities Act of 1990 42 U.S.C.12101 et seq.) set forth under 28 CFR 35
. xce t as otherwise rovtded for in each section, the con• ( 2 E P P and 29 CFR 1630 are incorporated by reference in this conuact. tractor shall insert in each subcontract all~of the stipulations In the~executton of this contract, the contractor agrees to comply
contained in these Required Contract Provisions, and.further with the following minimum specific requirement activities of
require .their inclusion in any lower tier subcontract oc EEO: urchase order that may In turn be made. The Required Contract
provisions shalt not be incorporated by reference in -any case. a. The contractor will work with the State highway agency for shall be res nsible for com liance by any vernment in ca ins out EEO The prime contrac (SHA) and the Federal Go Ry e
ctor or lower tier subco tractor with these Required in their review of hisJher activities under the subcontra obligations and
Contract Provisions. contract.
3. A breach of any of the stipulations contained in these Re• b. The contractor will accept as his operating policy the quired Contract Provisions shall be sufficient grounds for following statement:
termination of the contract.
ontract 'It is the policy of this Company to assure that applicants 4. A breach of the following clauses of the Required C .are employed. and that employees are treated dunng employ-
. Provisions may also be grounds for debarment as provided in color na- ment, without regard to their race, religion, sex.
29 CFR 5.12: tional origin, age or disability. Such action shall include: employment.. upgrading, demot~'on, or transfer: recruitment or
Section I, ragraph 2: recruitment advertising: layoff or termination: rates of pay or Section IV, paragraphs 1.2, 3, 4, and 1; ocher forms of com ensation: and selection for training. in-
Section V, paragraphs 1 and 2a through 2g. p cluding apprenticeship. preapprenticesh.p. and/or on-the job
training. 5. Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V of these Required 2. EEO Officer: The contractor will designate and make Contract Provisions shall not be subject to the general known to the SHA contracting officers an EEO Officer who will
disputes clause of this contract. Such disputes shall be have the responsibility for and must be capable of effectively
resolved in accordance with the procedures of the U.S. De- partment of Labor (DOL) as set forth in 29 CFR 5.6, and 1.
Form t 213 -Revised 3.9~ 08-OT•9~
FR•3
Attachment II Exhibit B
1. Gnions: f f the contractor relies In whole or in part uppon 9. Records and- .Reports: The contractor shall keep such unions as a source of em io ~ees, the contractor will use hislher records as necessary to document compliance with the EEO p ~ q Such records shall be retained for a period of
best efforts to obtain the cooperation of such unions to increase re utrements.
opportunities for minority groups and women within the three years following completion of the contract work and shall unions, and. to effect referrals by such unions of minority and be available at reasonable times and places for inspection by au-
female employees. Actions by the contractor either directly or thortZed representatives of the SHA and the FHWA. through a contractor's association acting as agent will include
the ,procedures set forth below: ~ a. The records kept by the contractor shall document the following:
a. The contractor will use best efforts to develop. In coop-
eration with the unions, Joint training programs aimed (t) The number of minority and non•mtnortty group toward qualifying more minority group members and women members and women employed in each work classl~cation
for membership in the unions and increasing the skills of on the project:
minority group employees and women so that they may qualify for higher paying employment. (Z} The progress and efforts being made in cooperation
with unions. when applicable, to increase employment op• b. The contractor will use best efforts to incorporate an portunlties far minorities and women:
EEO clause into each union agreement to the end that such 3 ~ The ro ress and efforts bete made in locating, htr-
unton will be contractually bound to refer applicants with- p g g out regard to theft race. color, religion, sex, national origin. ing, training. qualifying, and upgrading minority and fe•
age or disability. male employees: and
c.The-.contractor is to obtain information as to the. referral (4) The progess and effods being made in securing the
exce t that to the ex- services of DBE subcontractors or subcontractors with practices and policies of the labor union uch tnformatton is within the exclusive possession of meaningfu! minority and female representation among their tent s
to ees._ _ - . _ - - _ _ . _ the tabor union and such tabor union refuses to Furnish fu to - emp .y . ; - -
information to the contractor, the contractor shall so certi y the SHA and shalt set forth what efforts have been trade to b. The contractors wilt. submit an annual report to the SHA
obtain such information. each July for the duration of the project, indicating the num- . . ~ bet of minority, women, and non•minority group employees
d. In the event -the union is unable to provide the contrac- .currently. engaged to each work classification required ba~rr the tract work. This information is to be reported on Form
for with a reasonable flow of minority and women referrals con .within the time limit set forth in the collective bargaining FHWA-139.1. Lf on•the ;job training is being required by
. agreement, the contractor will, through independent recruit- specia! provision, the contractor will be required to collect meet efforts, fill the employment vacancies without regard to and report training data.
race, color, religion, sex, national origin. age or disabtlity:
makin full efforts to obtain qualified andlor qualifiable mi- III NONSEGREGATED FACILITIES g he DOL has held that It nority group persons and women. (T .
shall be no excuse that the un~Ion with which the contractor {Applicable to all Federal•aid construction contracts .and to has a collective bargaining agreement providing for exclusive all related subcontracts of 510,000 or more.)
referral failed to refer minority employees.) In the event the
union referral practtceprevents the contractor from meeting a By submission or this bid, the execution of this contract . the obligations pursuant to Executive Order 11246. :as oc subcontract, or the consummation of this .material supply
amended, and these special, provistons. such contractor shall a regiment or purchase order. as .appropriate, the bidder,
imrnedtatel notif the SHA. Federal-aid construction contractor, subcontractor, material Y Y upptier, or vendor, as appropriate, certit~es that the tlrm does
8. Selection of Subcontractors, Procurement of Materials not maintain or provide for its employees any segregated and Leasing of Equipment: The contractor shall not facilities at any of its establishments, and that. the firm does
discriminate on the grounds of lace, color, religion, -sex, -.not .permit its employees to perform their services at any
national origin, age or disability in the selection and retention location, under its control, where-segregated facilities are of subcontractors, including procurement of materials and leases maintatned.~ The,firm agTees that abreach ofthis-certification
is a violation of the EEO rovlsions of this contract. The ltrm of equipment. further certifies that no employee will be denied access to
a. The contractor shall notify all potential subcontractors adequate facilities on the basis of sex or disability.
and suppliers of hislher EEO obligations under this contract. b. As used in this certification, the term "segregated factlt•
b. Disadvantaged business enterprises (DBE), as defined ties' means any waiting rooms, work areas, restrooms and in 49 CFR 23, shalt have equal opportunity to compete for washrooms, restaurants and other eating areas, time clocks,
and perform subcontracts which the contractor enters into locket rooms, and other storage or dressing areas, parking
pursuant to this contract. The contractor will use his best lots, drinking fountains, recreation or entertainment areas. efforts to solicit bids from and to utilize DBE subcontractors transportation, and housing facilities provided for employees
or subcontractors with meaningful minority croup and female which are segregated by explicit directive, or are. to fact, seg•
representation .among their employees. ~'ontractocs shall regaled on the basis of race, color, religion, national origin, obtain lists of DBE construction firms from SHA personnel. age or disability, because of habit, local custom, or otherwise.
The only exception will be for the disab~ a khnn the c. The contractor will use his best efforts to ensure subcon- demands for accesstbillty override (e.o. dlsab p ~
tractor compliance with their EEO obligations.
Form 1213 - Re~►ised 3.9~
08.01.9
FR•5
Attachment II Exhibit 8
as stated in the wage determination or shall pay another bona (4) In the event the Bureau of Apprenticeship and Train-
fide fringe benefit or an hourly case equivalent thereof. tng, or a State apprentfceship agency recognized by the Bureau. wtihdraws approval of an apprenticeship program.
b. [f the contractor or subcontractor. as appropriate, does the contractor or subcontractor will no longer be permitted -not make .payments to a trustee or other third person, he/she to utUize apprentices at less than the applicable predeter•
may consider as a part of the wages of any laborer or mechanic mined rate for the comparable work performed by regular
the amount of any costs reasonably anticipated in provtdtng employees until an acceptable program is approved. bona fide fringe benefits under a plan or program, provided.
that the Secretary of Labor has found. upon the written b. Trainees: request of the contractor, that the applicable standards of the
Davis•Bacon Act have been. met. The Secretary of Labor may (1) :Except as provided to Z9 CFR 5.16, trainees will not
require: the contractor to set aside to a separate account assets be permitted to work at less than the predetermined rate for for the meeting, of obligations under the plan or program. the work performed unless they are employed pursuant to
. and individually registered In a program which has Apprentices-and Trainees (Programs of the U.S. DOL} received rior approval, evidenced by forma! certtficatton
• ~ b the DOL. Employment and Training Administration. and Helpers. Y
a. A renttces: (Z) The ratio of trainees to ~ourneyman•level employees
PP on the,job site shall not be greater than permitted under the
1 A rentices will be ermitted to work at less than plan approved by the Employment and Training Adminis- { } PP cmined rate for tphe work the. erformed when tratton. Aay employee .ltsted on the payroll at a trainee the predate y P rate who is not registered and parttclpattng to a training
they are employed pursuant to and tndtvtdualiy registered play approved by the Employment and Training Admtnis-
to a bona fide apprentfceship program registered with the tratloa-shall be paid not less than the appUcable wage rate D4L. Employment and Training Admtnistratton. Bureau of on the wagge determination for the classtflcatlon of work ac-
Apprenticeshipand Training, or with a State apprentice- _ tualt : rformed. In addition, any trainee performing work ship agency recognized by the Bureau, or tf a person IS em• on the ob site to excess of the ratio permitted under the
ployed in hislher first 90 days of probationary employment to rem shall be paid not less than the appltra•
as an apprentice in such an apprentlceshtp program, who is b~ ~ ~ e on the wage determtnatton for the work actu- -not tndivtdually registered in the program, but who has all 8e~ ~ .
been certified by the .Bureau of Apprenticeship and Y ' Training or a State. apprentfceship agency (where appropri•
or robationar em to ment as an a • ~3) Every trainee must be paid at not less than the rate ate) to be eltgible f p Y P Y P specified in the approved program for htslher level of
prentt~e. progress, expressed as a percentage of the~ourneyman•level
ces to ourne hourly rate specified in the applicable wage determination. (Z) The allowable ratio. of apprentt Trainees shall be aid fringe benefits in accordance with ees on the ob site to an craft classiflca~tton p ins -level employ 1 Y the rovistons of the .trainee program.. If -the tra
shall not be greater than the ratio pertnttted to the contrac• ro Pram does not mention fringe benefits, trainees shall be
togas to the entire work force under the registered pmgcam-. paid the full amount of fringe benefits ltsted on the wage .4ny employee listed on a payroll at an apprentice wage determination unless the Administrator of the l~lage and
rate, who is not registered or otherwise employed as stated Hour Divtslon determines that there is an apprenticeship
above, shallbe paid not .less than the applicable wage rate program associated with .the correspondtng,journeyman- listed pia the wage determination for the classification of level wage rate on the wage determtnatton which provides
work actually performed. In addition, any apprentice per- for less. than full fringe benefits for apprentices, in which forrning work on thejob sate in excess of the ratio permitted case such trainees shall receive the same fringe benefits as
..under the registend program shall be paid not less than the apprenttt~es.
applicable wage rate on the wa~~gg~~e determinatton for the work actuall formed. Where a contractor or o meat and Tcatnin Adminis•
subcontractorys a forming construction on a project Ina (4} In the event the Empl y g her than that in which its ro ram is re istered, ttatlon withdraws approval of a training program, the con- ocaltty of P 8 g tractor or subcontractor will no longer be permitted to uti•
the ratios and wage rates.: (ex gassed to percentages. of the ltze trainees at less than the applicable predetermined rate
ourne man•level hourl rate specified to the contractors until an acre table roram is a - or subcyontractar s tstered program shall be observed. for the work performed p p g P re8 proved.
(3) Every apprentice must be paid at not .less than the c. Hel rs
rate spectfled In the registered program for the apprentices ~
level of progress, expressed as a percentage of the j~u a Helpers. will be permitted to work on a project tf the neyman-level hourly rate spectfled n the applicable g het er classification is specified and defined on the
determination. Apprentices shall be paid fringe benefits to P
accordance with the provtstons of the apprenticeship pro- applicable wage determtnatton or is ap roved pursuant to nformance rocedure set forth in ~ection IV.Z. Any ..gram. If the apprenticeship program does not specify fringe the ~ P worker listed on a a roll at a hel r wa a rate, who is not
benefits, apprentices must be paid the full amount of fringe er an a y roved deftn tton shall be paid not benefits listed on the wage determination for the applicable a helper and pp
classification. If the Administrator for the Wage and Hour .less than the applicable wage rate on the wage
v ion determines that a different racttce prevails for the determination for the classtfiratlon of work actually Di is P pa formed. applicable apprentice classification, fringes shall be id P~'
in accordance with that determination.
Form 1213 -Revised 3.95
08.01.95
FR•7
Attachment II Exhibit B
c. Each contractor and subcontractor shall furnish. each grounds for debarment action pursuant to 29 CFR 5.12.
week to which any contract work is performed, to the SHA
resident engineer a payroll of wages paid each of its employ- VI. RECORD OF MATERIALS, SUPPLIES, AND ees (including apprentices, trainees, and helpers. described in LABOR
Section lV, paragraphs 4 and 5, and watchmen and guards en-
$aged onwork during the preceding weekly payroll period). 1.On all Eedeal•aid contracts on the National Highway Sys- The payroll submitted shall set out accurately and completely tem, except those which provide solely for the Installation of
all of the Information required to be maintained under para• protective devices at railroad grade crossings, those which are graph Zb of this Section V. This information may be submit- constructed on a force account or direct labor basis, highway
led in an form desired. 0 tionai Form WH-341 is available beautification contracts, and contracu for which the~total final
for this u ose and ma be urchased from the Su erlnten- p ~ y p umber 029.005 0014.1 , construction cost for roadway and bridge is less than dent of Documents (Federal stock n ) S 1,000,000 (Z3 CFR 635) the contactor shall:
U.S. Government Printing Office: Washington, D.C. 20402. The prime contractor Is responsible for the submission of a. Become familiar with the list of specific materials and
. copies of payrolls by all subcontractors. supplies contained In Farm FHWA-41, "Statement of Materi•
als and Labor Used by Contractor of Highway Construction d. Each .payroll submitted shall be accompanied by a Involving Federal Funds.' prior to the commencement of work
'Statement of Compliance,° signed by the conVractorlOe sob: under this contact. contractoe or hislher agent who pays or super ises t p y
meat of the persons employed under the contract and shall b. 141aititain a record of the total cost of all materials and
certify the following: supplies purchased for and incorporated in the work, and also of the quantities of those specific materials, and sup lies
avroll for the a roll eriod contains the orm FHWA•41, and to the units shown on Dorm ~1) that the p, p y P listed on F information requ~tred to be rnaintatned under paragraph Zb FHWA•41. .
of ibis Section v and that such Information is correct and
complete: ~ . G Furnish, upon the completion of the contract, to the SHA , - _ _ - - - - - resideni=engineer on Form FHWA-47 together with the data
(Z) ;that such laborer or mechanic (including each helper, required in paragraph Ib relative to materials and supplies, a apprentice. and trainee) employed on the contract during final labor summary of all contract work indicating the total
the payroll period has been paid the full weekly wages hours worked and the total amount earned.
earned, without rebate, either directly or indirectly, and . that -no deductions have been made either directly or Z. At the prime contactor s option, either a .single report
indirectly fiom .the full wages earned, other than covering all contract work or separate reports for the contractor ppermissible deductions as set forth in the Regulations, Z9 and for each subcontract shat! be submitted.
GFR 3:
3) that each laborer or mechanic has been paidnot less VII. SUBLETTING OR ASSIGi~ING THE CON•
hat -the a licable wage rate and fringe benefits or cash TRACT. t uivalen for the classification of worked performed, as
specified in the applicable wage determination incorpo- -I. The contractor shall perform with its .own organization
rated into the contract. contract work amounting to not Less than 30 .percent (or a greater percentage if specified elsewhere in the contract) of the
e. The weekly submission of a properly executed certifica• total original contract rice, excluding any specialty items des-
tionset forth on the reverse side of~0 ional` Form V~IH-34T i noted b the State. ~ ecialty items may be performed by sub• the r uirement for submission of the "Statement g ct and the amoun of an such s ecialty items performed shall satisfy eq contra y P
of Compliance" required by paragraph Zd of this Section V. may be deducted from the total original contract price before computing the amount of work required to be per formed by the
f: The falsification of an of the above certifications may contractors own organization (Z3 CFR 635). 0
sub'ect the contractor to civil or criminal prosecution under I8 ~.S.C. IOOI and 31 U.S.C. 231. a. "Its own organization' shall be construed to Include
onlyworkers employed and paid directly by the prime con- g. The contractor or subcontractor shall make the records ~ : ~ tractor and.equipment awned or rented, by the prime contac•
required under paragraph Zb of this Section V .available for -tor, with or without operators. Such. term does not include
inspection: copying. or transcription by authori~ employees or equipment of a subcontractor, assignee, or agent re resentatives of the SHA, the FHWA, or the DOL, of the rime contractor..
shpalt emit such representatives to interview employees P duritt working hour on the ,fob. If the contractor or b, °Specialty Items" shall be construed to be limited. to
subcontractor fails to submit the rreeqquired records or to make work that requires highly specialized knowledge, abilities.
them available, the SHA, the FHV~A, the DOL, or all may, ore ut meat not ordinarily available in the type of con• after written notice to the contractor, sponsor, applicant, or tracin por anizations qualified and expected to bid on the
owner, take such actions as ma be necessary to cause the contracgt as a whole and in general are to be limited to minor
sus ension of an further a meat. advance, or guarantee of com onents of the overall contract. funds. Furthermore, failure to submit the required records p
upon request or to make such records available may be
Forrn 1213 -Revised 3.9~ OS•OT•9a
FR•9
Attachment II Exhibit B
for the contract is under consideration to be listed on the EP,a g. The prospective primary participant further agrees by List of Violating Facilities. submitting this proposal that It will tnctude the clause titled
Certtficatton Regarding Debarment, Suspension, Inellgibii- 4. That the firm agrees to tnctude or cause to be included the ity and Voluntary Exclusion•LowerT~er Covered Transac-
requirements ofparagraph 1 through 4 of this Section X in every lion. provided by the department or agency entertng into
nonexempt subcontract. and further agrees to take such action as this covered transaction. without modification. in all lower the government may direct as a means of enforcing such re- tier covered transactions and In all soitcitattons for lower tier
quirements. covered transactions.
XI. CERTIFICATION REGARDIVG DEBARMENT. h. A participant to a covered transaction may rely upon a certification of a ros ective arttci ant in a lower tier cov-
SUSPENSION, INELIGIBILITY A,~iD VOLUNTARY erect transaction chat ips not debarred suspended, ineligible. EXCLUSION or voluntarily excluded from the covered transaction, unless
m for Certi#icadoa - P Covered tt knows that the certification is erroneous. A participant 1• may decide the method and frequency by which it determines Transactions: the eligibility of its principals. Each parttctpant may. but is
. not required to, check the nonprocurement portion of the
(Applicable to all Federal•aid contracts • 49 CFR Z9) 'Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs' {1Vonprocurement Ltst) which is
a. By signing and submitting this proposal, the prosper- compiled by the General Services Administration.
five primary participant Is providing the certification set out below. i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render b. The inability of a person to prov{de the certification set in good faith the certiDcation required by this clause. The
out below will not necessarily result to denial of parttc- knowledge and information of participant is not r+equtred to
tpatlon in this covered transaction. The prospective par- exceed,that which is normally pos.~essed by a prudent person ticipant shall submit an explanation of why it cannot provide in the ordinary course of business dealings.
the certification set out ~ below. The certification or explanation will be considered in connection with the de- Except for transactions authorized under paragraph f of
partment or agency's determination whether to eater into this these instructions. if a participant in a covered transaction
transaction. However. failure of the prospecttve primary .knowingly enters into a -tower tier covered transaction with a participant to furnish a certification or an explanation shat! person who is suspended. debarred. Ineligible, or voluntarily
disqualify such a person from participation in this .excluded from .participation fn this transaction, in addition to cransactton. ~ other remedies available to the Federal Government, the de•
partment or agency may terminate this transaction for cause or
c. The certification in this clause is a material representa• default. lion of fact. upon which reliance was. placed when the depart-
ment or agency determined to enter into this transaction. If it *
is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to Cert1~'icadc® Regarding Debarment,
other remedies available to the Federal Government, the de• Suspension, Iaeliglbillty and Valaatuy partrnent or agency may terminate this transaction for cause of F,xclnston-Priaaary Covered Tramsacdvns
default. t. The prospective primary participant certifies to the best
d. The prospective primary participant shall provide im• of its knowledge and belief, that it and its principals:
mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary a. Ace not presently debarred, suspended, proposed for
participant learns that its certification was erroneous when debarment. declared ineligible, or voluntarily excluded
submitted or has become erroneous by reason of changed from covered transactions by any Federal department or .circumstances. agency:
e. The terms covered transaction; "debarred," .'suspended.' b. Have not within a 3•Xear period preceding~ this
'ineligible,".'lower tier covered transaction, 'participant,: proposal been convicted of or had a ctvil,~udgment ren•
"person," 'primary covered transaction, principal. dered against them for commission of fraud or a criminal .'proposal," and "voluntarily. excluded," as used in th[s clause, offense. to connection with obtaining, attempting to obtain.
have the meanings set out in the Definitions and Coverage or performing a public (Federal, State or local) .transaction
sections of rules .Implementing Executive Order 12549. You orcontract under a public transaction; violation of Federa! may contact the department or agency to which this proposal or State antitrust statutes or commission of embezzlement,
is submitted for assistance in obtaining a copy of those theft, .forgery. bribery. falsification oc destruction of regulations. records, making false statements, or receiving stolen
property:
f. The prospective primary participant agrees by submitting .this .proposal that, should the proposed covered transaction c. Are not presently indicted for or otherwise criminally
be entered into. it shall not knowingly enter into any lower or civilly charged by a governmental entity tFederal, State tier covered transaction with a person who is debarred. or loco!) with commission of any of the offenses enumerated
suspended. declared ineligible. or voluntarily excluded from in paragraph lb of this certiflration: and
participation in this covered transaction, unless authorized by the department or agency entertng into this transaction.
Form 1213 -Revised 3.9~ 08.01 ~9~
FR•I1
t II Exhibit B Attachmen
rant. loan. or cooperative agreement. the undersigned shall certification shall be subject to a ctvit penalty of not~less than gomplete and submit Standard Form•LLL. 'Disclosure Form to 510.000 and not more than 5100.000 for each such faiiuce.
Report Lobbying.' in accordance with its instructions. 3. The prospective participant also agrees by submitting his
2. Thts certification is a material representation of fact upon or her bid or proposal that he or she shall require that the ian-
which reliance was placed when this transaction was made or guage of this certi~catton be included ~n all lower tier subton- entered into. Submission of this certification is a prerequisite tracts. which exceed Si00.000 and that all such recipients shall
for making or entering into this transaction imposed by 3l certify and disclose according y U.S.C. 1352. Arty person who fails to f le the required
~A
. FEDERAL-AID FEMALE AND MINORITY GOALS
In accordance with Section It, "Nondiscrimination,' of t11 Sacramento. CA:
"Required Contract Provisions Federal-aid Construction Contracts" the following are the goals for female utilization: SMSA Counties:
. 6920 Sacramento, CA.........•.•••NN••••••••••••••••N... 16.I Coal for Women CA Placer: CA Sacramento:
rcent 6.9 CA Yolo. (applies nationwide) (pe l
The following are goals for minority utilization: Non-SMSA Counties..N.NMNN...NN.N..N.......N...NN. .14.3
CA Butte: CA Colusa: _ _ _ CA EI Dorado:~CA~ Glenn:
CALIFORNIA ECONOMIC AREA CA Nevada; CA Sierra: CA Sutter : CA Yuba.
Goal
{Percent) 118 Stockton•14todesto, CA:
• 114 Redding, CA: SMSA .Counties:
Non-SMSA Counties . 6.8 5110 Ntodesto. CA 12.3
CA Lassen: CA Modoc: CA Stanislaus. CA Plumas: CA Shasta: 8120 Stockton. CA 24.3
CA San ,joaquln. CA Siskiyou: CA Tehama. 19 8 Non•SNtSA Counties.......N
115 Eureka, CA: CA Alpine: CA Amador•. CA Calaveras: CA A►tariposa:
Non-SMSA Counties 6.6 CA Merced: CA Tuolumne.
CA .Del Norte: CA Humboldt: CA Trinity. 119 Fresno•Bakersfield, CA:
116 .San Ftancisco•Oakland-San lose. CA: S1riSA Counties: -0680 Bakers0eld, CA 19.1
S4tSA Counties: CA Kern.
7120 Salinas-Seaside- 2840 Fresno. CA.......••••••••• 2fi.1 14tonterey. CA Z8.9 CA Fresno.
CA Monterey. Non-SMSA Counties 23.6 1360 San Francisco•Oakland. CA 25.6 CA Kings: CA 1+tadera:
CA Alameda: CA Contra Costa; CA Tulare.
CA Morin: CA San Francisco: CA San Mateo. 180 Los Angeles, CA:
1400 San f ase. CA 19.6
CA Santa Clara. SMSA Counties: 1485 Santa Cruz. CA 14.9 0360 Anahelm•Santa Ana-Garden
CA Santa Cruz. Grove. CA ..............................N........................ 11.9
1500. Santa Rosa. CA 9.1 C A Orange. CA Sonoma. 4480 Los Angeles•Long
8120 Vallejo-Fairfield- Napa. CA 11. I Beach. CA........................................................ 28.3
CA Napa: CA Solano CA Los .4nQeles. 6000 Oxnard•~imi Valley•
Non-SMSA Counties 23.2 Ventura. CA..................................................... 21.5
CA Lake: CA Mendocino: CA Ventura. CA San $enito. Form 1213 Revised 3-9a
0&07.95
FR-13
LPP 95-07 Eshibit C
REENGINEERING Attachment 7. PS&E Page 1
Certification for Federal Aid Contracts
The ros ective participant certifies,' by signing and submitting this bid or proposal, to the best of his or her P p
knowledge and belief, that: .
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person Cl)
for .influencing or attempting to .influence an officer or employee of any Federal agency, a Member of
Con ess, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or .cooperative agreement.
2 If an funds other than Federal appropriated funds have been paid or will be paid to any. person for influencing t } y Federal a enc a Member of Congress, an officer or
or attempting to influence an officer or employee of any g y, . em to ee of Congress, or an employee of a Member of :Congress in connection with this Federal contract, Py
grant, loan, or cooperative agreement, the undersigned shall. complete and submit Standard Form-LLL*,
"Disclosure of Lobbying Activities," in accordance with its instluction~.
i a material r resentaton of fact upon which reliance was placed when this transaction was made This cemficarzon s ep
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
b Section .1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil Y
penalty of not less than 510,000: and not more than ~ 100,000 for each such failure.
i ant also a ees b ~ subnuttin his or her bid or proposal that he or she shall require that the The prospective parnc p gr y g.
lan a e of this certification be included in all lower tier subcontracts, which exceed 5100,000 and that. all such ~g
subrecipients shall certify and disclose accordingly.
* Standard Form LLL may be obtained from Caltrans or FHwA offices
Attachment II Exhibit F
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The ros ective articipant certifies, by signing and submitting this bid or proposal, to the best of his or P P P r her knowledge and belief, that:
1 No Federal a propriated funds have been paid or will be paid, by or on behalf of the undersigned, P a
to an erson for influencing or attempting to influence an officer or employee of any ederal yP
a enc , a Member of Congress, an, officer or employee of Congress, or an employee of a Member g y
of Con ress in connection with the awarding of any Federal contract, the making of any Federal g
rant, the makin of any Federal loan, the entering into of any cooperative agreement, and the g g
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2 If an funds other than Federal appropriated funds have been paid or will be paid to any person y
for influencin or attempting to influence an officer or employee of any Federal agency, a g
Member of Con ress, an officer or employee of Congress, or an employee of a Member of g
Con ress in connection with this Federal contract, grant, loan, or cooperative agreement, the g
undersi ned shall com lete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," g P
in accordance with its instructions.
is a material re resentation of fact u on which reliance was placed when this This certification p P
transaction was made or entered into. Submission of this certification is ~a prerequisite for making or
terin into this transaction im osed by Section 1352, Title 31, U.S. Code. Any person who fails to en g P
e the re wired certification shall be sub'ect to a civil penalty of not less than $10,000 and not more than fil q J
$100,000 for each such failure.
he ros ective artici ant also agrees by submitting his or her bid or proposal that he or she shall T P P P P b
re wire that the lan ua a of this certification be included in all lower tier subcontracts, which exceed q gg
$100,000 and that all such subrecipientsshall certify and disclose accordingly.
~ ~..~.sg
LPP 9~-07 Exhibit C
REE~IGI~'EERING Attachment 7. ~ PS&E Pa e 2
INSTRUCTIONS FOR C01~IPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title.31 U.S.C.
section 13 52. The filing o f a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or b
em to ee of Congress or an employee of a Member of Congress in connection with a covered Federal actton. Attac a P y eq Complete all items that apply for
6 continuation sheet for additional information if the space on the form is road uate.
th the initial film and material change report. Refer to the implementing guidance published by the Office of bo g Management and Budget for additional information.
1. Idea ~ the a of covered Federal action for which lobbying activity is and/or has been secured to influence, ~y tYP .
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action. rial char a to 3 , Iden ' the appropriate classification of this report. If this is a followup report caused by a mate g
~ er in which the char a occurred. Enter the date of the information previously reported, enter the year and quart g
the last, previously submitted report by this reporting entity for this covered Federal action.
4 Enter. the full name address, city, state and zip code of the reporting entity. Include Congressional District if known. Check thew m riate classification of the reporting entity that designates If it is or expects to be a PP P
rime or subaward reci Tent. Identify the tier of the subawardee, e.g.,the first subawardee of the prime is the P P
first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the or anization filing the report in Item 4 checks "Subawardee" then enter the fiill name, address, city, state g
-and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
el below a enc name, if known. For example, Department of Transportation, United States Coat Guard. lev g y ' n for the covered Federal action (item 1}. If known, enter the full .
7. Enter the Federal program name or descnptio eements loans and loan
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agr ,
commitments. the most a ro riate Federal identifying number available for the Federal action identification in item 1 8. Enter PPP ant announcement number, the
(e.g., Request for Proposal (RFP} number, Invitation for Bid (IFB} number, gr
ntiract t. or loan award number, the applicationlproposalcoritrol number assigned by the Federal agency). co p.DE-90-001."
Include prefixes, e.g., "RF For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter 9
the Federal amount ofthe award/loan commitments for the prime entity identified in item 4 or 5.
Enter the full name address, city, state and zip code of the lobbying entity engaged by the reporting entity 10. (a)
identified in item 4 to influenced the covered Federal action. from 10 a .
the full names of the Individuals}performing services and include full address if different ( ) (b} Enter Enter. Last Name, First Name and Middle Initial (Ml). ~ item 4 to the
amount of coin ensation aid or reasonably expected to be paid by the reporting entity ( } 11. Enter the P P
i item 10 . Indicate whether the payment has been made (actual) or will be made (planned). lobbying ent ty ( }
xes that a 1 . If this is a material change report, enter the cumulative amount of payment made Check all bo pp y
or planned to be made. ro riate box es . Check alI boxes that apply. If payment is made through an in-kind 12. Check the app p .
contribution, specify the nature and value of the in-kind payment.
l 3 . Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
ecific and detailed descri tion of the services that the lobbyist has performed or will be expected to 14. Provide a sp P orm and the date s of any services rendered. Include all preparatory and related activity not just time spent
P~ fficer s or em to ee s contacted or the officer(s) . in actual contact v~nth Federal officials. Identify the Federal o P Y ( )
employees} or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
1b. The c official shall sign and date the form, print hislher name title and telephone number. ~g ,
lic re ortin burden for this collection of information is estunated to average 30 minutes per response Pub P g , data sources athering and maintaining the data needed, an
Including lime for reviewing instnictlon, searching e . g ' g urden estimate or any oth
1 coin letin and reviewing the collection of Information. Send comments regarding the b P g
- f this collection of information, including suggestions for reducing this burden, to the Office of Managemen aspect o and Bud et, Pa erwork Reduction Pro'ect 0348-004b Washin on, D.C. 20503. s~~►o~
.Rev, 06-t~-94
tachment II Exhibit G At
DISCLOSURE OF LOBBYING ACTIVITIES
Com fete this fam to disclose lobb in activities ursuant to 31 U.S.C. 1352
1. T e of Federal Action: 2. Status of Federal Action: 3. Report Type: yp a. ir>ittial
a. contract a. bidlofferlapplication b, Aerial change b. g~ b. irrtiat award
c cooperative agreement c. post•award For Material Change Only: e d, loan year quarter
e. ban guuarantee date of last report _ _ f. ban iruuance
Tess of Re ortin Entit : 5. If Reporting Entity in No. 4 is Subawardee. Enter 4. Name and Ad p g y v Name and Address of Prime: ❑ p~~ ❑ Subawardee
Tier ,ifkix~rm
Con ressional District~kiaown: Congressional Districtifknown: 9
6. Federal DepartmentlAgency: 1, Federal Program NamelDescription:
CFDA Number, ifapplicab/e
8. Federal Action Numbe~,kr~own: 9, Award Amount known:
a. Name and Address of lobbying Entity b. Individuals Performing Servic~lcludingaddressif
1~' differentfromNo. 14a~ (~findi~idual, lastname, firstname, M~~ lastname, firstname, M1'
(attach Continuation Sheet(s) ifnecessary~
eck all that a I 13. Type of Payment (check all that apply) 11. Amount of Payment (ch pp y
actual ❑ planned a, retainer -
b. one-ume fee 12. Form of Payment (check all that apply): c. comm~sion
a. cash d. contingent fee
b. in•kind; specify: nature e. deferred value f. other, specify:
' Descri Lion of Services Performed or to be performed and Date(s) of Service, including officer(s), 14. Brief p employee(s), or member(s) contacted, for Payment Indicated in Item 11:
• (allach ContinuationSheet(s) ifnecessary~
15, Continuation Sheet(s) attached: ❑es ❑ No
16. lrformation reo~uested through utis form ~ authoraed byTide 31 Us.C. ~ rec6on Signature: 1~. Tha ~CSCbsure of lobbying adivrbes is a material representation
upon whid~ reliance was placed by d,e tier above when tha ttaruaa,on was P rin t N a me: made or entered irxo, Ttu disdda~xe ~ repNred prrsuantto 31 US.C.1352
Ttrs i~ormation w~ be reported to the Congress senr•amraMy ands ' re Title ; avaiable fa public irupectiort. Arty person who Pais to fie the requr
st~N be subjea to a uvi pertalry of not less than 514,004 and not more Bran Telephone No.: _ Oate: 5100,440~tor each wd~ faire.
puthaaed for foal Reproduction USe O Standard Form • lll.
Standard Form 111 Rev. 41.43-9~
Attachment II ~ Exhibit C
(THE BIDDER S EXECUTION ON THE SIGNA TURF PORITOI~' OF THIS
PROPOSAL SHALL ALSO CONSTI T UTE AN ENDORSE~I~IENT AN'D
EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS
PROPOSAL)
E UAL EMPL~YME~'I' 4PP0RTU]~VI'I'Y CERTIFICATION
Q
t
The bidder-, proposed subcontractor ,hereby certifies that he has_____, has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required
b Executive Orders 10925,11114, or 11246, and that, where required, he has filed with the ,joins Y
Re ortin Committee, the Director of the Office of Federal Contract Compliance, a Federal Government
P g
contractin or administerin a enc , or the former President's Committee on Equal Employment g g g Y
Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secreta of Labor 41 CFR 60-1.7(b) (1)), and must be submitted by bidders and. proposed ry (
subcontractors orily in connection with contracts-and subcontracts which are subject tothe -equal
0 ortunit clause. Contracts and subcontracts which are exempt from the equal opportunity pp Y
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10.,000 or
under are exempt.)
Currently, Standard Form 100 (EEO-1} is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated. in a previous contractor
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR fi0-1.1(b) (1} revents the award of contracts and subcontracts, unless such P
contractor submits a re ort coverin .the delinquent period or such other period specified by the P g
Federal Hi hwa Administration or by the Director, Office of Federal Contract Compliance, U.S. g Y
Department of Labor.
1?-~-39
Attachment II Exhibit L
LOCAL AGENCY BIDDER-DBE INFORMATION
This information may be submitted with your bid proposal. If it is not, and you are the apparent low
bidder or the second or third low bidder, it must be submitted and received by the administering
a enc no later than the times ecified in the s ecial rovisions.
CO./RTE.IP.M.: BIDDER'S NAME:
.
CONTRACT NO.: ADDRESS:
BID AMOUNT:
BID OPENING DATE: DBE GOAL FROM CONTRACT
ITEM OF-WORK AND NAME OF DBE DOLLAR ,PERCENT AMOUNT ' CONTRACT DESCRIPTION OF WORK OR (Name of DBEs, Certification Number,
ITEM N0. SERVICES TO BE and Telephone Number) DBE
SUBCONTRACTED OR MATERIALS DBE TO BE PROVIDED
_ Total Claimed
Participation
If 1 QOao of item is not to be performed or furnished by DBE, describe exact portion, including planned location of work to
be erformed, of item to be erformed or furnished by DBE
DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state-funded only cannot be used to meet goals on federally funded contracts..
Credit for a DBE supplier, who is not a~manufacturer is limited to fi096 of the amount paid to the supplier. (See Section.
"DisadvantagedBusiness" (DBE) of the special provisions) • ames of DBE subcontractors and their respective item(s) of -work listed above
IMPORTANT. N .should be consistent with the name and items of work in the "List of Subcontractors"
submitted with our bid ursuant to the .Subcontractors Listin Law.
Si nature of Bidder Date (Area Code) tel. No. g
Person to Contact (Please type or print}
Distribution for NHS Projects: (1) Original-Caltrans DLAE for NHS Projects, (2} Copy-Local Agency project file
' Distribution for non-NHS Projects: (1) Original Local Agency project ale
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:
Exce lions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. p
. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of .action.
Note:Providingfalse information may result in criminal prosecution or administrative sanctions.
The above Certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this Certifications.
Signature of Contractor
Page 1 of 1
23
CERTIFICATE OF ASSURANCE W1TH REGARD TO PARTICIPATION BY
DISADVANTAGED BUSINESSES IN SUBCONTRACTING
(Complete and submit with Proposal)
Contract No.
PO_ LICY. It is the policy of the City of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23}
shall
m have the maximum opportunity to participate in the performance of projects financed in whole or in part with Federal
funds. The disadvantaged businesses requirements of 49 CFR Part 23 apply to this agreement and the work to
be performed pursuant to this agreement.
OBLIGATION. Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 23} shall .
have the maximum opportunity to participate in the performance of subcontracts forwork financed rn whole or
in art with the Federalfunds provided pursuant to this agreement. In this regard, Contractor shall take all necessary P
and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged businesses have the maximum
o rtun' to com to -for and perform subcontract work. Additionally, Contractor agrees not to discriminate on ppo ~Y pe the base of race, color, national origin, or sex in the award and performance of subcontracts forwork finances,
in whole or in part, with the Federal funds provided pursuant to this agreement.
CERTIFICATION. Contractor certifies that:
In accordance with the above described policy and obligation and the provisions of Section 2-1.14, "DBE
Goals for This Pro'ect", and Section 6-2, submission of DBE information, award, and execution of contract of 1
the s ecial ..provisions of this .contract,, affirmative action has been taken to seek out and consider p
disadvanta ed businesses for the portions of the work which. are intended to be subcontracted and that such 9
affirmative actions are fully documented in mylour records and are available upon request. In addition,llwe will take such affirmative action on any future subcontracting relating to this contract.
Dated _
Contrac#or
Page 1 of 1
24
To the State of California, Department of Transportation.
NONC~LLUSION AFFIDAVIT
(Tide 23 United ,States Code Section 112 and
Public Contract Code Section 1106)
' United States Code Section 112 and Public Contract Code 11.06 the bidder declares that In accordance w~h Tide 23
' ' in the interest of, or on behalf of, any undisclosed person, partnership, company, association, the bid is not .made
' ration' that the bid is genuine and not collusive or sham; that the bidder has not directly or organization, or corpo ~ ~ in a false or sham bid, and has: not directly or indirectly colluded,
indirectly induced or solicited any other bidder to p or that an one shall reftain from cons fired connived, or agreed .with any bidder or anyone else to put m a sham bid, y • P
' ' ~ • at the bidder has. not in any manner, directly or indirectly, sought by agreement, commurncabon, or 9th bidden , e bidder or an other bidder, or to fix any overhead, profit, or cost
conference with anyone to fa the bid puce of th y ' st the ublic bod awarding
element of the .bid rice, or of that of any other bidder, or to secure any advantage again p y P ' terested in the ro osed contract; that all. statements contained m .the bid are true, and, the contract of anyone, in P P
' of dire or ndire ,submitted his or her bid price or any breakdown thereof, or the further, that the bidder has n ~y ~ , n fee to an co oration,
tents thereof or divul ed information or data relative thereof, or paid, and vnll not pay, a y Y rp. con 9
' ssociation or anization, bid depository, or to any member or agent thereof to effectuate a partnership, company a ~ g collusive or sham bid.
oncollusion Affidavit is part. of the Proposal. Signing -this Proposal on the signature NOTE.The above N
onion thereof shall also constitute signature of this Noncollusion Affidavit. P
• ' ication ma sub'ect the certifier to criminal prosecution.
Bidders are cautioned .that making a false certd' y 1
25
NONCOLLUSION AFFIDAVTf
(To be Executed by Bidder and Accompany Proposal)
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA -DRIVE
State of California )
)SS:
county of )
o. being first duly sworn, deposes and says
that
Name
he or she is of
Title Company
the, party. making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed- person,
partnership, company, association, organization, or corporation; .that the bid is genuine -and not collusive or sham; that
the bidder. has not directly or indirectly induced or solicited any, other bidder to put in a false or sham bid, and has not
direct! or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or Y
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
a reement, communication, or conference with anyone to fu the bid price of the bidder or any other :bidder or to fix g any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against
the ublic bod awarding the contract of anyone interested in the proposed contract; that all statements contained in the P Y
-bid -are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged. information or data relative thereto, or paid, and will not pay,
an fee to any corporation!. partnership, company,- association, organization, bid .depository, or to any member or-agent Y
thereof to effectuate a collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor
an subcontractor to be engaged by the bidder for this project has been convicted of any offense .referred to in the Y California Public Contract Code.
Business Address
Telephone No.
Place of Residence
Subscribed and sworn to before me
this day of , 19,,,.~.
26
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work,"
of the Standard Specifications and these special provisions.
All striping and marking removal shall be completed a minimum of two (2) days prior to signal being placed into
operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public
traffic.
Tem delineation shall consist of temporary reflective pavement markers spaced no more that 12 feet apart on Po~'Y
curves, and no more than 24 feet apart on tangents. Temporary reflective pavement markers shall be Davidson Plastics
Co. Model "TOM" or approved equal .and shall be applied. in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Any. temporary markers that become
detached before permanent striping is applied shall be replaced immediately by the Contractor. Full compensation for
to orary delineation shall be considered as included in the prices paid for the contract .items of work that obliterated mp
the existing delineation and no separate payment will be made therefor.
'all installed all vehicle and edestrian signal faces shall be aimed and covered with cardboard or other When illlti y P
material with an observation hole [maximum one. (1) inch diameter] in front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be
completed and all signs -shall be in place.
it u oses all sidewalk and handicap ramp installation at and around the controller must be For accessibil y p rp , tom feted for a minimum of two days prior to signal turn on and commencement of the Functional Test.
P
_ WITH SAN JOA tJIr1=RAILROAD. The City has contacted the Railroad indicating that 71,02 RELATIONS Q 1
work will- occur within the Railroad right of way. However, prior to beginning work, the Contractor shall .obtain al
a licable ermits and or rights of entry with the railway in the Contractor's name. The Contractor shall .contact San PP P
Joa uin Railroad.-(209) 592-1857 at least 48 hours prior to any work performed within the Railroad right of way. The q
Contractor. shall comply with all the .provisions of said.permits, rights of entry, or verbal understandings with the Railroad.
ation for conformin to the r uirements of this. article shall be considered as included in PAYMENT. Full compens g eq
the rites aid for various items of work and no additional compensation will be allowed therefor.. P P
- BSTRUCTIONS. Attention is directed. to Section 8-1.10, "Utility and Non-Highway .Facilities," of the 71.03 0 Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements that are to remain
in lace within the construction area or that are to be relocated and relocation operations have not been completed. In P
accordance with the rovisions of Article 7-1.11, "Preservation of Property," .and 7-1.12, "Responsibility for Damage," of P
the Standard S ecifications( the Contractor will be liable to owners of such facilities and improvements for any damage P
or interference with service resulting from conducting his operations. The exact location of underground facilities and
im rovements within the construction area shall be ascertained by the Contractor before using equipment that may P dame a such facilities or interfere with the services. Other forces may be engaged in moving or removing utility
g facilities or other im rovements or maintaining services or utilities. The Contractor shall cooperate with such forces and P
conduct his o erations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by p
other such forces.
27
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 48 hours in advance of any construction. .
The Contractor shall report all accidents to the Engineer.
MENT. Full com ensation for conforming to the requirements of this article shall be considered as included in the
PAY P e will be made therefor. pnces paid for vanous items of work and no additional allowanc
7-1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various
existin facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard g Specifications and these special provisions.
' Ci hi wa si and street markers shall .remain the property of the City. Such signs and Existing ~ ~ y ~ n that existed rior to
street markers shall be relocated and maintained during construction so as to convey the same ante t p
construction.
' 'n Ci hi wa si and street markers shall be placed in their permanent position by the Existi g ~ ~ y ~ 1 e delivered to the
Contractor's forces prior to completion of construction. Signs removed from the project area steal b
City Corporation Yard at 41O 1 Tn~xtun Avenue.
MENT. Full com nsation for conforming to the requirements of this article shall be considered as PAY pe
included in-the rices aid for the various items of work and no additional compensation will be allowed therefor. P P
TENANCE. The Contractor shall take extra precautions in .excavating for handicap ? 1.06 TREE MAIN
construction on the northeast comer so as to reduce any unnecessary root injuries. In areas where sidewalk construction
necessitates tree root reduction the tree shall be maintained in accordance with the following special provisions.. .
e trinuned to a minimum de th of 2 feet with a maximum of 3 feet with an approved root Roots shall b P
runin saw. Cuts should be vertical no closer that 5.5 feet. from`the tree trunk. Upon completion, clean fertile soil shall P g
be placed inunediately around the exposed roots.
t trimmin the tree should be Tuned back considerably in order to ensure that the tree become After Too g, P
acclimated to the root stem modifications. This will assure a balanced root to branch ratio beneficial for continued ry
growth.
After root cutting and tree pruning, the contractor shall apply water to the tree insufficient amount as
conditions may require to -keep the soil and plant roots moist ..during the duration of the contract.
letin the root coffin o eration, an approved root stimulating solution shall be applied After comp g g P
according to he manufacturer's recommendation.
root d shall be installed in accordance with the tree maintenance detail contained in these A guar
ecifications. The root d shall be Deep Root Corporation 24-inch Root Control Barrier, No. UBP24, or equal. sp
'on for conformin to the re uirements of this article shall be considered as paid for in the Full compensate g q
items of work which shall include full compensation for furnishing all labor, materials, .tools and equipment and vanous
doing all work necessary to meet the requirements of this section.
29
After removal of traff c stripes and pavement markings, a fog seal coat shall be applied in conformance
with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular
area.
Full compensation for furnishing and applying fog seal coat as specified herein shall be considered as g included in the contract price paid per square foot for removal of traffic stripes and pavement markings and no
additional comp~rnsation will be allowed therefor.
Nothing in these special provisions shall relieve the Contractor from his responsibilities as proNided in
Section 7-1.09, "Public Safety," of the Standard Specifications. .
NJ[EASUREMENT AND PAYMENT. Quantities of tra~ffc stripe removed will be determined by the
width of the stripe plus 0.67-foot multiplied by the length of the stripe..T'he space between doable traffic stripes will be _ _ measurod as ' ted traffic stripe. Quantities of pavement markings removed will be determined by the actnal size of
P~ . the rectangle measured in scCuare feet. ~ ~ .
R,emovin of traffic stripes and pavementmarkings wiU be paid for at the contract unit price per square g
foot for the actual area of authorized stripe removal.
.The contract unit price. per square foot for Remove Traffic Stripes and Pavement Markings shall include
full com nsation for fuunishing all labor, materials, tools, equipment, signs and for doing all-work necessary for.. Pe
removing existing striping and pavement markings as shown on the plan and as directed by the Engineer.
7-1.11 CLEARING AND GRUBBING. Clearing and. grubbing shall conform to the provisions in
Section 16, "Clearing and Grubbing", of the Standard Specifications and these special provisions.
Clearing and grubbing shall~be limited to those areas a~_affected by the planned construction as
directed by the Engineer.
PAYMENT. Full com nsation for conforming to the requirements of this article shall be considered as Pe
included in the prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.12 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nwisance from
on ' tin from the site of the work as a result of his operations, or the traveling public, during the effective period of
~ g this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
a. Water shall be a lied to all aved areas as rewired to prevent the suu~face from becoming dry PP ~P
enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel .shall be kept free of dirt. In
residential areas, aself-contained, pick-up type, power broom with water distribution system shall
be used.
Tem nsion of the wo either as a result of order by the Engineer, or as a result of conditions beyond the Po~Y ~
control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
PAYMENT. Full com nsation for conforming to the requirements of .this article shall be considered as
Pe included in the prices paid for various items of work and no additional compensation will be .allowed therefor.
31
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-Z.O1 CONDUIT. Conduit shall conform to the provisions in Section 86=2.05, "Conduit," of the Standard Specifications and these special provisions.
Conduits may be installed by either jackingld~rilling or open trench methods except that trenching will
y not be allowed in sidewalk areas. Installation using jacking or drilling shall conform to Section 86-2.OSC,
"Installation," of the Standard Specifications. Open trench installation shall conform to .the following specifications:
W 1. Conduit shall be rigid ion-ffietallic type unless otherwise specified. Conduit shall be placed under
existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and
all loose uncompacted material shall be removed from the bottom of the trench prior to placement of
conduit. The top of the installed conduit shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a two (2} sack slurry cement 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 placed on the top 0.20 feet until such a time as
the permanent asphalt surface is placed. Trenching shall be allowed only to the extent that all excavated areas in the pavement can be backfilled the same working day.
Conduits installed under sidewalk.shall..be jacked or drilled. Remove and replace complete sidewalk
panels to nearest. seam or scoreline if pits in sidewalk area for jacking/drilling are nec~;>sary. Removal and replacement
of entire sidewalk area for jackingldrilling pits is also allowed.
.Dependent upon adverse soil conditions or other circumstances encountered at the time of construction, the Engineer may specify which of the above methods .may be used.
. 7-ZOZ PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of
the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be rewired.
7-Z.03 CONDUCTORS AND VIi~Il~tG. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications .and these special
provisions.
~Q,~IDUCTORS -The Contractor shall use:multi-conductor. electrical .cables .for all circuits except
lighting, camera detection and- between the service point and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard
Plan ES-13.
Splices shall be insulated by "Nlethod B."
33
All vehicle signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Nlounting Assemblies," of the Standard
Specifications, shall be amended to read as follows:
Post top slip-filters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron.
7-2.07 LIGHT EMITTING DIODE SIGNAL MODULES
7-2.O1A DEFINITION. For all traffic signals faces on this project, the 300 mm red sections, the 200 mm red sections
and the red arrow sections shall utilize light emitting diode signal modules.
Each light emitting diode (LED) signal module shall consist of an assembly that utilizes light emitting diodes as the
light source in Lieu of an incandescent lamp for use in traffic signal sections.
Each T 1 LED signal module shall be designed to be installed in the doorframe of a standard traffic signal housing. YPe
The .lamp socket, reflector, reflector holder and lens used with an incandescent lamp shall not be used in a signal section in which a Type I LED signal module is installed.
_ -
. Each Type 2 LED signal module shall be designed to mount in the standard lamp socket .normally used with an
incandescent damp. when a Type 2 LED signal module is used, a standard traffic signal lens in the doorframe shall be
used or, at the option of the Contractor, the standard lens may be replaced with a translucent red lens to seal the signal
section from weather. The installation of a Type 2 LED signal module shall not regwre any modification to the standard
damp socket or reflector.
7-2.07B GENERAL. LED signal modules used on this project shall be from the same manufacturer, and each size
shall be the same model.
Each T 1 LED signal module shall be a sealed unit with two conductors for connecting to power, a prinied circuit yPe
board, power supply, a red Lens and gasket, and shall be weather proof after installation and connection. The circuit ..board and power supply shall be contained~inside~the~ module: Circuitboards shall conform to Chapter 1, Section 6 of
the "Transportation Electrical Equipment Specifications".
Tv 2 LED si al modules shall be a sealed unit containing all components necessary .for operation except, at the ~
option of the Contractor, use of a corresponding Lens mounted in the doorframe ~r111 be allowed.
Conductors for T 1 modules shall be 1-m in length., with quick disconnect terminals attached and shall conform to YPe .Section 8b-~.O1C, "Electrical Components," of the Standard Specifications.
The Iens of the T 1 module shall be inte to the unit, shall be convex with a smooth outer surface and made of 3rPe ~
ultraviolet stabilized plastic or of glass. The lens shall be capable of withstanding ultraviolet (direct sunlight) e~cposure
- for a minimum period of 5 years without exhibiting .evidence of deterioration.
The T 1 module and the lens used with a T e 2 module shall be sealed in the doorframe with aone-piece EPDM y~ ~ ~ .(ethylene propylene rubber) gasket.
Type 2 LED signal modules shall not require a specific mounting orientation or have a variance in light output, pattern
orvisibility for any mounting orientation.
The LEDs shall utilize Al1nGaP technology and shalt be the ultra bright type rated for 100,000 hours of continuous
operation from -~0 ° C to 7~' C.
The individual LEDs shall be wired such that a catastrophic failure of one LED «~Il result in the loss of not more than
S percent of the signal module light output. `
35
materials where applicable.
Enclosures containing either the po~r~er supply or electronic components of the signal module shall be made of UL9.1VO
flame retardant materials. The lens of the signal module is ..excluded from this requirement.
MODULE IDENTIFICATION. Each LED signal module shall have the manufacturers name, trademark, and other
necessary:identification pernianently marked on the back of the module. Each individual LED signal module shall be
.identified for warranty purposes.
The following operating characteristics shall be identified: rated voltage, power consumption, and volt ampere.
Each Type 1 LED signal module shall have prominent and pernianent vertical marking(s) for correct indexing and
orientation within a signal housing. The markings shall consist of an up arrow, or the word "UP" or "TOP".
7-2.07D PHOTOMETRIC REQUIREMENTS. An LED. traffic signal module shall meet at least 85 percent of the
minimum VTCSH intensity requirements while operating throughout the operating temperature range of -~0 ° C to
+7~ ° C.
The minimum. initial luminous .intensity values for LED traffic signal modules shall be as defined in Section i 1.0~ of
the VTCSH standard at 25°C.
The measured chromaticity coordinates of LED signal modules shall conform to the chromaticity requirements of
Section 8.0~ and Figure 1 of the VTCSH standard.
7-2.07E ELECTRICAL. LED signal modules shall. operate .from a 60 HZ ~3 HZ AC line over a voltage ranging from
80 -volts to 13 ~ volts.. The LED circuitry shall prevent perceptible flicker over the voltage range specified above. The
fluctuations of Line voltage shall have no ~~isible .effect on the luminous intensity of the indications.. Rated voltage for all
measurements. shall be 120 volts.. .
All tivrin and tee blocks shall meet the requirements of Section 13.02 of the VTCSH .standard. Two secured, g
color coded, 91~ mm (3b in) long 600 V, 20 AVUG minimum.. jacketed wires, conforming to the National Electric Code, rated for service at +105 ° C, are to be pro~~ided for electrical connection for each Type 1 LED signal module.
The. si al module on-board circuitry shall include voltage surge protection to jti~thstand high-repetition noise
transients as stated in Section 2.1.6 of NEMAStandard TS-2.1992.
LED signal modules shall be operationally. compatible with currently used controller assemblies (solid.state load switches, flashers, and conflict monitors).
LED si al modules and associated onboard circuitry must meet.Federal Communications Commission (FCC)
Title ~7, SubPart B, Section 15 regulations concerning the emission of electronic noise.
The LED signal module shall provide a power factor of 0.90 or greater.
Total harmonic distortion (current and voltage) induced into an AC power line by a LED signal .module shall not exceed
20 percent.
CERTIFICATE OF COMPLIANCE. The Contractor shall provide the .Engineer a Certificate of Compliance from
the manufacturer in accordance with the provisions of Section 6-1.07, "Certificates of Compliance," of the Standard
Specifications. The certificate shall certify that the LED signal modules comply «~ith the requirements of these
specifications. Said certificate shall also certify the LED signal modules conform to the pre-qualified and testing approval of CalTrans and was manufactured in accordance with the CaiTrans quality control program. The certificate
shall also include a copy of all applicable test reports on the. LED signal modules.
37
Each luminaire shall be provided with a Type IV photoelectric control.
7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the
controller and cabinet assembly for each location complete with all necessary prom modules, conflict monitor, flasher
units and relays, isolation module, switch packs, detector cards, keys and locks. The central pad shown on the "Foundation Details" of State Standard Plan ES-4B shall be increased from. a height of 3.5" to a height of 12".
4
7-2.12 GUARAN'T'EE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (l ~ year from the
date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of
completion and final acceptance is made by the City of the work desenbed on the plans and these special provisions.
7-2.13 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the
contract lump sum price paid for the Traffic Signal and Lighting System and no separate payment will be made
therefor.
39
PROPOSAL
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRIVE
To the Ciry Clerk of the Ciry of Bakersfield:
e undersi ned, as bidder, declares that the only persons or parties interested in this proposal as principals are Th g
ed herein' that this ro sal is made without collusion with any other person, firm or corporation; that he has those nam P Po
'ned the location of the ro sed work, the annexed proposed form of contract and the plans therein referred .carefully examu P Po o• and he ro ses and a tees if this proposal is accepted, that he will contract with the Ciry of Bakersfield, in t e
t , P Po S ' form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of prescnbed
ction and to do all the work and furnish all the materials in accordance with the plans and specifications for the constru
ve filed in the office of the Finance Director~of the City of Bakersfield and as specified in the contract, in the manner abo ~ eats of the En ineer as therein .set forth, and that he will take in
and time therein prescnbed, and according to the requirem g
full a went therefor the unit prices or lump sums set forth in the following schedule: PY
' ned further a .that in case of default in executing the required contract, with necessary bonds, 'The undersig g~
' 'n ten 10 da s not includin Sunday, after having received notice that the contract is ready for signature, the wtthi ( ) y , ~
roceeds of the check or bid bond accompanying his bid shall become the property of the City of Bakersfield. P
EM ESTIMATED UNIT 4F TTEM ~ UNfT PRICE EXTENSION ~ PRICE
N0. QUANTITY MEASURE (in figures) (in figures)
1000 S FT Remove Traffic Stripes and Pavement Markings 1. Q
2, g EA Remove Roadside Sign
3, 2 EA Install Roadside Sign {Strap and Saddle Bracket Method)
4, 3 EA Install Roadside Sign (GSP)
5. 50 LF Minor Concrete (curb and gutter)
6. 720 SQFT Minor Concrete {Sidewalk)
Bidder's Signature
Page 1 of 2
Ao
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRIVE
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTTI'Y MEASURE (in i ;~ure~) PRICE in fi res
` 450 SQFT Thermoplastic Pavement Marking (White/Yellow)
g, 1 I,S Traffic Signal and Lighting System
' owled es recei t of the followin addendum: _ Clearly list any and all addenda Bidder ackn g p g
numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope.
Signed Total Bid $
Company
Address
P.O. Box
City, State, Zip Code
Telephone Number
License No. -and
Expiration Date
. THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 2 of 2
i
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRIVE
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of
lum sum items the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Pnces. Bidder agrees that P
in case of an discre ancy between the Unit Price(s) and the respective Extension Price(s) andlor the Bid Total, the Unit y P
Prices shall revail, and the bid submitted shall be the correctly computed sum of all .correctly computed Extension p ' telli ible or omitted, then the amount set forth in
Prices, provided, however, if the amount set forth as a Unit Pnce is unin g
the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column
shall be the Unit Price.
(2) 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
' ' ' a bid ro sal on the ro'ect shall complete the following form, setting forth the name All persons or parties submitting p po P J
ation of the mill sho or office of each subcontractor who will perform work or labor or render service to the and the loc ~ P
tractor in or about the construction of .the work or improvement in excess of one-half of one percent (0.5 9b) of pnme Con tractor's total bid or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work Con ,
which will be done b each subcontractor. This list is to be completed and submitted with said bid proposal. Y
Subcontractor's Name Description of portion
and Street Address (Cit ,State, Zip) of work subcontracted Y
(attach additional sheets if needed)
42
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as t e 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:
Il1~PORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual
copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
• • • • • • • • • • • . . • • • • • • • • f • • • • • • • • • • • • • • • . • . • • • • • . • . . . • • . . • • • • • • . • . . • • • • . • • • . • • • • • . .
.Licensed in accordance with an act providing for the registration of .
Contractor's License Number : .
Sign Here
Signature of Bidder
NOTE--If bidder is a co ration, 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 Number
Place of Residence : .
Dated:
43
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS: a
THAT WE
r as principal, and
as sure ,are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of
ty
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
TORS attached hereto, is acce ted by the Council of said City and if the above bounden NOTICE TO CONTRAC P
rinci al heirs, executors, administrators, successors-and assigns, shall duly. enter into and execute a contract, to construct P P~
' entioned and shall execute and deliver the two bonds. required by law, within ten days (not said improvements aforem ,
includin Sunda from the date of a notice to the above bounden. principal, that said contract is ready for .execution, then 8 Y)
this obli ation shall become null and void, otherwise it shall be and remain in full force and effect. g
IlV' WI7CNESS WHEREOF, we .have hereunto set our hands and .seals this
day of _ ,19 .
(Seal)
(Seal)
(Seal)
Page 1 of 2
44
STATE OF CALIFORNIA ) ss.
COUNTY OF )
On~,~,_,_,,,_, before me,
t personally appeared _ _
Personally known to me
Provided to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshelthey executed the same
in hislherltheir authorized capaciry(ies}, and that by hislher/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed -the instrument.
WITNf ESS my hand and affixed my official seal
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of .this form.
CAPACITY CLAIlVIED BY SIGNER DESCRIPTIQN OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER Title or Type of Document
Title(s) .
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL Number of Pages
❑ ATTORNEY-IN-FACT
❑ TRUSTEES
❑ GUARDIANICONSERVATOR
❑ OTHER: Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) 4R ENTITY(IES)
Signer(s) Other than Named above
45
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
for: In accordance with the terms of Contract No.
TRAFFIC SIGNAL A_ND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRIVE
awarded on ,between the' City of Bakersfield (hereinafter referred to as the City}, and
the undersi ned, which contract provides for the installation of fit' g andlor traffic signal svs, tem, and under which contract g
the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract, except .lighting elements, prove defective or should the system. as a whole prove defective, due to faulty workmanship., material furnished, or method of installation, or should
said system or any part thereof fail to operate properly, as planned, due to any of the above .causes, all within (1) year after
date on which. said contract is accepted by the ,City, the undersigned agrees to 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 onginally contemplated.
The City shall have the option to make. any needed repairs or replacements itself or to have such replacements or
repairs done by the undersigned. Prior to such replacement or repair work being done by the-City, the undersigned shall have
the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the.
undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall
commence to be furnished and installed within Twenty-Four (24) hours of the date specified in the City's written notification.
Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as .specified in the City's written notification.
Said s stem will be deemed defective within the meaning of this guarantee in the event that they fail to operate as Y
originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract.
Date Contractor's Signature
Firm
Address
46
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301 r
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRfVE awarded on ,
between the Ci or Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for the
installation of 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 roject is completed and accepted, we guarantee the same to be free from imperfect workmanship andlor
P materials, and we agree to repair andlor replace at our own cost and expense, any and all such work, andlor materials which
ma rove defective in workmanship or materials within a period of one (1) year from the date of acceptance of the above YP
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.
V~ithin 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
necessa to fulfill the terms of this guarantee and to complete the work within a reasonable penod 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
a ent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges g
therefor upon demand.
This guarantee is made ex ressly for and runs to the benefit of both the City of the above mentioned construction
p project and the City's representative, and shall be enforceable by either of them.
Date: Contractor's Name
Authorized Signature
47
SAMPLE SAMPLE
AGREEMENT N0.
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PLANZ ROAD AT SANDRA DRIVE
THIS AGREEMENT is made and entered into on , by and between the CITY OF B LD,
a municipal corporation, referred to herein as "CITY" and ,refereed to herein as
"CONTRACTOR. " E
RECITALS
WIIEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field
of ;and
WI~REAS, CITY desires to employ CONTRACTOR to
,asset forth herein.
NOW, TIIEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually
agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in general of:
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.
The following shall be deemed to be part of this agreement as if fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. Performance Bond 6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this contract whether actually inserted or not.
9. Current State of California DAS 140 Form (if required by Specifications)
2, C(IMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows:
The co nsation set forth in this paragraph 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 paragraph unless
otherwise agreed to in writing by the CITY.
3, PAYIViENT 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. However, where required by the City of Bakersfield Municipal Code a portion of the payment will be withheld
for the time. and purposes set forth therein.
48
4. WAS. R F 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. Lj~. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the A term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTO to practice its
profession.
' 6. ~'i'ANDAR~ OF PERFORMAI~ICE. All work shall be performed in conformity with all legal requirements
and industry standards observed by a competent practitioner of the profession in California.
7. MER ER 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.
S. In the event of a conflict between the terms, conditions or operations set forth herein and those
in exhibits attached hereto, the terms, conditions, or specifications set forth herein 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 ten (10} days written notice to all other
parties.
10. CnMPLtANCE 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 hall 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.
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. INSIURANCE. In addition to any. other insurance or bond required under this Agreement, the CONTRACTOR
shall procure and maintain for the duration of this. Agreement the following types and limits of insurance ("basic insurance
requirements" herein):
a. Automobile liab' 'tv 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. goad form commercial general ility insurance, providing coverage on an occurrence basis for
bodily injury, including death, of one or more persons, property danoage 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. Yorkers' compensation ir~uran~g 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
49
volunteers.
All policies required of the CONTRACTOR shall be primary ir.~surance 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. The CITY may withhold payments hereunder if certificates of insurance and endorsements
required have not been provided.
Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic
insurance requirements" set forth above shall be provided by, or on behalf of all subcontractors even if the CITY. has approved lesser insurance requirements for CONTRACTOR.
13. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents -and employees
against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, .before
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...
14. ~ CUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall
not be construed against any, party.
15. ~Q~~I~,. All notices relative to this Agreement shall be given in writing and shall be personally serviced, or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail.
The parties shall be addressed as follows, or at any other .address designated by notice:
CITY: CITY OF BAI~RSFIELD
PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor _1541 Truxtun Avenue
Bakersfield, California 93301
(805) 326-3724
CONTRACTOR:
16. ~OI~UNL Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted
50
in Kem County, California.
17. A~~ICNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior
written consent of all the parties.
18. BTNDIlIIG EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding
upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
19. ACC'nl1N'I'ING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written
documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall
be kept at CONTR.ACTOR'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.
24. CORPORATE AUTHORt'I'Y. Each individual executing this Agreement represents and warrants they are duly
authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and
this Agreement is binding upon said corporation or organization in accordance with its terms.
21. ~
CONTRACTOR's Federal Tax ID Number .
Is CONTRACTOR a corporation? Yes____ No_.
{Please check one. }
IN V~~'TNESS WHEREOF, the parties hereto. have caused this Agreement to be executed, the day and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By By BOB PRICE
Mayor Title
Please Print or Type Name & Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By
ALAN DALE DANIEL Assistant City Attorney
APPROVED AS TO CONTENT: COUNTERSIGNED:
By By = RAUL M. ROJAS GREGORY J. KLIlVIKO
Public Works Director Finance Director
51
(To be completed by the Contractor, if he elects to substitute securities in lieu of retentionJ.
ESCROW AGREEMENT
FOR r
a SECURITY DEPOSITS IN LIEU OF RETENTI
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 A ent as a substitute for retention earnings required to be withheld by -Owner pursuant to the 9
Construction Contract entered into between the Owner.. and Contractor for
in the amount of _
hereinafter referred to as the "Contract"). When Contractor deposits dated
the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the
de osit. The market value of the securities at the time of the substitution shall be at least equal to the .cash amount then p
re uired to be withheld as retention underthe terms of the Contract between the Owner and Contractor. Securities shall. q be held in the name of ,and shall designate the Contractor as the
beneficial owner.
e ro ress a ments to -the Contractor for such funds which, otherwise would be withheld 2. The Owner shall mak p g p y
o ress a ments ursuant to the Contract rovisions, provided that the Escrow Agent hold securities in the form. from pr g p y p P
and amount specified above.
the Owner ma make a ments directly to.Escrow Agent in the amount of retention forthe beneft 3. Alternatively, y p Y
of the Owner until such time as the escrow created hereunder is terminated.
52
r hall be res onsible for paying all fees for the expenses incurred by Escrow Agent in administering the 4. Contracto s p
scrow account. These ex enses and payment terms shall be determined by the Contractor and Escrow Agent. e P
the securities orthe mone market accounts held in escrow and all interest earned on that 5. The interest earned on Y
the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from interest shall be for
4 time to time without notice to the Owner.
ntractor shall have the ri ht to withdraw all or any part of the principal in the Escrow Account only by written notice 6. Co 9
ccom anied b written authorization from Ownerto the Escrow Agent that Owner consents to the withdrawal to EscrowAgenta p Y
of the amount sought to be withdrawn by Contractor.
.shat! have a ri ht to draw u on the securities in the event of default by the Contractor. Upon seven (7} 7. The Owner g P
' ofice to the EscrowA entfromthe Owner of the default, the Escrow Agent shall immediately convert the days written n 9
securities to cash and shall distribute the cash as instructed by the Owner.
' t of written notification from the Owner certifying that the Contract is final and complete, and that the 8. Upon rece~p
lied with al! re uirernents and procedures applicable,to the Contract, Escrow Agent shall release Contractor has comp q
securities and interest on deposit less escrow fees and charges. of the Escrow Account. The escrow to Contractor all
' ediatel u on disbursement of al! moneys and securities on deposit and payments of fees and charges. shall be closed ~mm y p
'tten notificationsfromthe Owner and the Contractor pursuant to Secfions (4}
9. Escrow Agent shall rely on the wn from Escrow A enfs inclusive of this a reement and the Owner and Contractor shah hold Escrow Agent harmless 9
to ~6}, , , 9 . ~ orth above. .release and disbursement of the securities and interest as set f
arsons who are authorized to give written notice or receive written notice on behalf of the Owner 10. The names of the p
r in connection with the foregoing, and exemplars of their respective signatures, are as follows: and on behalf of Contracto
ner: On behalf of Contractor: On behalf of Ow
Title Title
Name Name
Signature ~ Signature
Address Address
-2-
b
53
On behalf of Escrow Agent:
Title
Name
Signature
Address
' d the Owner and Contractor shall deliver to the Escrow Agent a fully executed At the time the. Escrow Account ~s opene ,
counterpart of this Agreement.
ecuted this A reement b their proper officers on the date first set forth !N WITNESS WHEREOF, the panes have ex 9 Y
above.
Owner Contractor
Title Title
Name Name
Si nature Signature
9
_3_
54
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
b
WHEREAS, the CITY OF BAKERSFIELD, Califomia, a muniapal corporation, hereinafter designated the "Owner," as,
on ~DATE_OF AWARD),19_, awarded to NAME OF CONTRACTOR) , a corporation organized and doing business under and by virtue of the laws of the State of Califomia, hereinafter designated as the "Principal," a contract forthe PROJECT
ti DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the
faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and ,LEAVE BLANK FOR
BONDING COMPAN , as Surety, are held and firmly bound unto the Owner in the sum of 100% OF AMOUNT AWARDED AT COUNCIL MEETING 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
' ecutors administrators successors, or assi ns, shall in .all. things stand to and abide by, and well and truly or its heirs, ex g
kee and faithfully perfom~ the covenants, conditions, .and agreements in the said contract and any alterations made as P
therein rovided, on his or their part, to be kept and performed at the time and In the manner therein specified, and in P
all res ects accordin to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers p ' g ~ ~ ' ~ erwise it shall be and remain in full and agents as therein stipulated, then this obligation. shall become null and .void, oth
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 recedent to the satisfac#ory completion of the said contract, the above obligation P
in the said amount shall hold good for a period of one ~1~ year afterthe completion and acceptance of the said work, dunng
which time if the above mentioned Principal, his or its heirs, executors, administrators, successors., or assigns shall fail to make full, coin lete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage
P made evident durin said eriod of one year from the date-of acceptance of said work, and resulting from or caused by 9 p
defective materials andlor faulty workmanship in the prosecution of the work done, the above obligation in the said amount
' in full force and effect. However, an hing in this paragraph to the contrary notwithstanding, the obligation shall .remain Yt
of the Surety hereunder shall continue so long .as .any obligation of the Principal remains.
And the. said Surety, for value received, hereby stipulates and agrees that. no change, extension
of time, alteration, or addition to the terms of the contract onto the work to be performed thereunder or the
'fications accom an 'n the same shall, in any way, affect its obligations on this bond, and it does hereby sped P Y~ 9
waive notice of any such change, extension of time, alteration, or addition to the terms of the contractor
to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845
of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
b the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment Y
rendered.
55
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals
this day of ,19_, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
f
4 Principal
(Seal) Signature for Principal Title
_
Surety .
(Seal} Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
PERFBOND.2
56
MATERIAL -LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, County of Kem, State of California, 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 Califomia,
hereinafter designated as the "Principal," a contract for Project Name_ ;and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract,. providing that
if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the work contracted to be done, orfor any work
or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding_Companv , as Surety, are held and firmly bound unto the Ownerthe 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 material, 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
erformed under he contract, or forany amounts due, or to be withheld pursuant to Sections 18806 of the P
Revenue and Taxation Code of the State of California with respect to such work or labor, as required by
-::the rovisions of Chapter l 1, division V, Title I of the Government Code of the. State of Califomia, or with respect p
#o 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 Califomia, and provided that the persons, companies, or corporations. so famishing
said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted o be executed or performed, or any person who performs work or labor upon same,
or an erson who su plies both work and materials, thereto, shall have complied with the provisions of Yp P
said -Civil Code, then said Surety will. pay the same in or to an amount not exceeding the. amount hereinabove
set forth, and also .will pay in .case suit brought .upon this bond, such reasonable attorney's fees. to the Owner
as shall be fixed by the court:
57
This bond shall insureto the benefit of the owners and any and all persons, companies, and corporations
-and theirrespective assigns entitled to file claims under applicable State law, including, but not limited to,
Califomia 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 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 an such change, extension of time, alteration, or addition to the terms of the contract or to the work or
Y to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code
of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals
this day of ,19_, the name and corporate seal of each corporate
a bein hereto affixed and these presents duly signed by its undersigned representative, pursuant to P ~Y 9
authority of its governing body.
Principal
(Sea!) Signature for Principal Title
-Surety -
Surety Address & Telephone No.
. Seal Signature for Surety Title
~ )
Attach notarization form for each required signature.)
58
Tflis form should be sent to the Joint Apprenticeship Committee
of the craft or trade in the area of the site of the public work. If WORKS ou have any questions as to the address of the appropriate PUBLIC
Y Joint Apprenticeship Committee, contact the nearest office of ~ p NTR ACT AWARD 1 N F4 RM AT1 Q N
he Division of Apprenticeship Standards (OAS). Consult your alepfione directory under California, State of, Industrial
Relations, for the DAS office in your area.
NAME OF COf~ITAA~CTOH CONTRACTOFfiS STATE LICENSE N0.
S.
CONTRACTORS MAUNGADDRESS - NUMBEfl 8 STREET, CITY, Z1P CODE AREA CODE 3 TELEPHONE N0.
NAME 8 LOCATION OF PUBLIC WORKS PROJECT OATS OF CONTRACT AWARO
DATE OF EXPECTED OA ACTUAL START OF PROJECT
NAME b AODAESS OF PI~UC AGENCY AWARDING CCdYTRACT ESTWIATED NUMBEfl OF JOURNEYMEN HOURS
APPRENTICt=S
OCCUPATIOiV OF APPRENTICE NUMBER TO BE BuIPl.OYED I APPROXIMATE DATES TO 8E EMPLOYED
~ Check .One Of The Boxes Below:
We re uest dis arch of a rentice(sj for this job. We voluntarily. choose to comply with the applicable Joint Box 1 ~ P P PP Apprenticeship 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.
We re uest ds etch of apprentice(s) for this job. We do not wish to follow the applicable Joint Box 2 ~ q P
Apprenticeship Committee. Standards in training the apprentices; instead, we agree to employ and train
a rentice(s) in .accordance with -the Califiornia Apprenticeship C~ouncii regulations governing employment of PP
,apprentices on public -work projects. We assume no other obligations to the committee or unions under
State or Federal laws.
We are alread a roved to train apprentices by the applicable Joint Apprenticeship Committee and we will Box 3 ~ Y PP
employ and train under the Standards. _
ox 4 We do net request the dispatch of apprentice(s) since apprentices are not .required on this job under the 8 ~ ,
provisions of California Labor Code Section 1777.5, because.
Signature jt
Typed Name
Tif1e Date .
State of California - Department of Industrial Relations
DAs Sao chew »90~ DIVISION OF APPRENTICESHIP STANDARDS
,
- _
-
_
I,,
_ <
_ ~'i
_
I~,
I
- _
_ - _ , .
~ _