HomeMy WebLinkAbout1999 Special Provisions Project T9K027i W
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CITY OF BAKERSFIELD a,
CALIFORNIA -
NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS,
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL INTERCONNECT INSTALLATION
ON
TRUXTUN AVENUE: H STREET TO OAK STREET
BID OPENING:
DATE OCTOBER 13,1999
TIME 11:00 A.M.
PROJECT NO.: T9K027
FEDERAL PRO ECT N0. CML-5109(048) I
CITY OF BAKERSFIELD
PUBLIC ~VOK.I~S DEPARTMENT ~NNEk: RtJILDING, 2`~~ FLOOR
15(11 TP tJXT' ~1 N A~ENIJF
BAI~ERSFIELD, CALdF'ORNIA 93301
Project Engineer: NICK FIDLER
Telephone: (6~ 1) 326-3944
Filename: P:ITruxtunlletterslTruxtun Spec..wpd
TABLE OF CONTENTS
NOTICE TO CONTRACTORS 1
GENERAL DESCRIPTION OF WORK ..........................................................3
SPECIAL PROVISIONS 4
SECTION 1-DEFINITIONS AND TERMS . , . 4
1-1.01 General 4 1-1.02 Definitions and Terms 4
SECTION 2 -PROPOSAL REQUIREMENTS 5
2-1.01 General Information 5
2-1.02 Approximate Estimate 5 2-1.03 Examination of Plans, Specifications, Special Provisions, and Site of Work 5
2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities 5
2-1.05 Proposal Form 5
2-1.06 Bidder's Guarantee 5
2-1.07 Required Listing of Proposed Subcontractors 5
2-1.08 Bid Submittal Items 6 2-1.09 Omissions in Specifications and Drawings 6
2-1..10 Withdrawal of Proposals 6
2-1.11 ~ Public Opening of Proposals 6
2-1.12 Relief of B idders 6
2-1.13 Disqualification of Bidders 6
2-1.14 Disadvantaged Business 7 2-1.15 DBE Goal for this Project . . . 7
SECTION 3 -AWARD AND EXECUTION OF CONTRACT 9
3-1.01 General 9
3-1.02 Award of Contract 9 3-1.03 Contract Bonds 9
3-1.04 Execution of Contract 9
3-1.05 Return of Bidder's Guarantees 9
SECTION 3-2 SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT ..............10
3-2.01 General l0
3-2.01a DBE Information 10
3-2.01 b Award of Contract 11
3-2.02 Performance of DBE Subcontractors and Suppliers 11
3-2.03 DBE Records 11
3-2.04 Subcontracting 11
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 13
4-1.01 General 13
SECTION 5-GENERAL 14
5-1.01 State Contract Act Not Applicable . . . 14
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5-1.02 Alteration in Quantity of Work 14
5-1.03 Control of Work 14
5-1.04 Prevailing Wages 14
5-1.05 Payroll Records 15
5-1.06 Labor Nondiscrimination 15
5-1.07 Apprentices 15
5-1.08 Trench Safety 15 5-1.09 Sound Control Requirements 16
5-1.10 Permits and Licenses 16
5-l.ll Working Hours 16
5-1,12 Laws to Be Observed . 16
5-1.13 Contractor's Insurance 16
5-1.13a Indemnity 16 5-1.13b Insurance 16
5-1.14 Contractor's Authority . . , , , , , 17
5-1.15 Work in City Streets . . . . 17
5-1.16 Right of Way 17
5-1.17 Suspension of Contract 17
5-1.18 Temporary Suspension of Work 18
5-1.19 Payments 18 5-1.20 Final Payment 18
5-1.21 Increased or Decreased Quantities 19
5-1.22 Hazardous Materials 19
5-1.23 Highway Construction Equipment . 19
SECTION6-CONTROL OF MATERIALS 20
6-1.01 General 20
6-1.02 Borrow, Disposal and Material Sites 20
6-1.03 Certificates of Compliance , 20
6-1.04 Buy America Requirements 20
DAVIS BACON FEDERAL PREVAILING WAGE DETERMINATION SHEETS...... ATTACHMENT 1 a - s
FORM 1273 FROM THE LOCAL PROGRAMS PROCEDURES MANUAL......ATTACHMENT 2 FRl - FR14
.SECTION 7 -CONSTRUCTION SPECIFICATIONS 21
7-1.01 Obstructions , , , , 21
7-1.02 Maintaining Traffic 21
7-1.03 Traffic Delineation 22
7-1.04 Existing Highway Facilities 22
7-1.05 Remove Concrete 23
7-1.06 Clearing and Grubbing 23 7-1.07 Dust Control 23
7-1.08 Finishing Roadway 23
7-1.09 Directional Drilling 24
7-1.10 Conduit 25
7-1.11 Multiduct Conduit 26
7-1.12 Multi-Conduit System 26 7-1.13 Conduit and Innerduct Sealing Plugs 27
7-1.14 Conduit Installation ~ 27
7-1.15 Pul1B oxes 28
7-1.16 Traffic Signal Interconnect . . . . . . . . . 28
7-1.17 Detectors 28
7-1.18 Testing 29 7-1.19 Guarantee 29
7-1.20 Payment 29
Detector Specifications 8040-41A-15
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PROPOSAL (Yellow Pages)
Proposal Form ............................................................................PR 1
Bidder's B ond .............................................................................PR 4
Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification PR 6
Certificate of Assurance with Regard to Participating by Disadvantaged Businesses in Subcontracting...........PR
7
Noncollusion AfBdavit .....................................................................PR 8
Local Agency Bidder-DBE Information PR 9
Good Faith Effort Statement of DBE/WBE Participation PR 10
Equal Employment Opportunity Certification PR 12
Disclosure of Lobbying Activities PR 14
SAMPLE CONTRACT
Independent Contractor's Agreement S-1 Faithful PerformanceBnnd S-6
Material and Labor Bond S-9
Escrow Agreement for Security Deposits in Lieu of Retention S-10
Guarantee -Material and Workmanship S-12
Guarantee-Equipment S-13
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall,
1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on October 13,1999 to be publicly opened and
read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON
TRUXTUN AVENUE: H STREET TO OAK STREET
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing
Officer by posting a refundable deposit of ZERO ($0.00) for each complete set. Refund of deposit will be made
provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt
of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline
stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein
immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications.
Each bid must be accompanied by the following items:
a. A proposal guarantee in accordance with the requirements of Section 2-1.07, "Proposal Guaranty°',
of the Standard Specifications;
b. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification;
c. Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;
d. Noncollusion Affidavit;
e. MBEIWBE Reporting Form; and
f. Good Faith Effort Statement of DB/WBE Participation.
: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 rovisions and
P requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts,
standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for
substitution of securities to be deposited shall be submitted on the form entitled "Escrow Agreement for Security
Deposits in Lieu of Retention", included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded.
The proposed work shall be done in accordance with the Standard Specifications of the Department of Trans ortation, p
Business, Transportation and Housing Agency, dated July, 1992, insofar as the same may apply.
This project is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor are set forth in the special provisions. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.)
the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director
of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for
inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
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A sample contract is include in this bid package. Please review it carefully, this is the contract the Contractor shall be
expected to execute without alteration. If any changes are desired they must be submitted to the City for approval. If
approved, the changes will be issued to all prospective contractors.
Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal.
Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining of a different contractor by the City. .
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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installation of conduit, pull boxes, splice vaults, conductor
cable, modems and traffic loop detectors.
The contractor shall submit bids for both Selective Alternative No. 1 and Selective Alternative No. 2. Final determination to accept the bid of either Selective Alternative No. 1 or No. 2 shall be made by the City.
CITY OF BAKERSFIELD
RAUL M. ROJAS Public Works Director
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CITE' OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1.1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled
"State of California, Department of Transportation, Standard Specifications, July,1992," as referenced herein, insofar
as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance
with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take
precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the
Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning
shall be as follows:
City -City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the
scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract.
Standard Specifications -Standard Specifications of the State of California, Department of Transportation; dated July,
1992.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, .shall have the
intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. The terms bid and
proposal are used in the same way and can be freely interchanged herein.
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SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATIQN. The Purchasing Officer of the City of Bakersfield, California, will receive
at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on October 13, 1999 sealed
proposals for:
TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON
TRUXTUN AVENUE: H STREET TO OAK STREET
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials
to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield
does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the
right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that ma
Y be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK.
The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract
forms. It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the
submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2.1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative beds, incomplete bids, erasures or irregularities of any kind. Proposals in which the. prices
obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2.1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasin
g Officer, the form of which appears herein immediately following these special provisions. All proposals must give
the prices proposed and must be signed by the bidder, with his address. If the proposal is made by an individual, his
..name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal
must show the name of the state under the laws of which the corporation was chartered and the names, titles, and
business addresses of the president, secretary and treasurer.
The following items of this project is not federally funded:
a. Adjusting water valve boxes on all streets in the project, and;
b. Transporting and dumping milled material from all streets in the project.
For record keeping purposes, the proposal is divided into two (2) sections, the first section for that portion of work
which is federally funded, the second section for that portion which is not federally funded. The Bidder shall
indicate the sub-total for each section and the project total on the appropriate lines in the proposal form.
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a
Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10°Io) of the
amount of said highest selective alternative bid, and no bid shall be considered unless such Proposal Guaranty is
enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein
the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the
amount of 112 of one percent of his total bid or ten-thousand ($10,000) dollars, whichever is greater, in accordance
with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract
Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a
failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
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A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE
Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed forms:
• Proposal Form;
• Bidder's Bond Form;
• Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification;
• Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;
• Non-Collusion Affidavit Form; • MBE/WBE Reporting Form; and
• Good Faith Effort Statement of DB/WBE Participation.
2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the
specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications
shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly or
obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or
performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing
such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or
specifications.
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid maybe withdrawn at any time prior to the time fixed in the
public notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing
Department. The written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly
.authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of
bids.
2-l.ll PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present.
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to
5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a
mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the
opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person
from bidding upon, or being awarded, a public works or services contract with the agency under this part or
from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other actin
violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section
1100, including for the purposes of this article, the Regents of the University of California or the Trustees
of the California State University. A state agency may determine the eligibility of any person to enter into a
contract under this article by requiring the person to submit a statement under penalty of perjury declaring
that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the
offenses referred to in this section within the preceding three (3) years.
A form for the statement required by Section 10285.1 is included in the proposal.
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2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership,
corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds
for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one
proposal for the work contemplated may cause the rejection of all proposals in which such individual, arm,
partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists
among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced ti
may be rejected.
. 2-1.14 DISADVANTAGED BUSINESS. This project is subject to Part 23, Title 49, Code of Federal Regulations
entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs". The
Regulations in their entirety are incorporated herein by this reference.
Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the
following matters:
a. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business
Act and relevant regulations promulgated pursuant thereto;
b. A DBE bidder, not bidding as a joint venture with anon-DBE, will be required to meet the DBE goal through subcontracting or material purchases or make good faith effort to do so;
c. A DBE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or
vendor of material or supplies;
d. A DBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. The DBE joint
venturer must submit either schedule B of the Code of Federal Regulations or California
Department of Transportation Office of Civil Rights form entitled
"Minority/Disadvantaged/womenBusiness Enterprise Joint Venture";
e. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing,
managing and supervising the work;
f. Credit for a DBE vendor of materials or supplies is limited to sixty percent (60%) of the amount
to be paid to the vendor for the material unless the vendor manufactures or substantially alters the
goods;
g. Credit for trucking by DBE's will be as follows:
1) The amount to be paid when a DBE trucker will perform the trucking with hisser own
trucks, tractors and employees.
2) One hundred percent (100%) of trucking costs will be allowed for all trucking acquired
through certified DBE trucking brokers.
h. A DBE must be a California Department of Transportation certified DBE on the date bids for the
project are opened before credit may be allowed toward the DBE goal. The Department's DBE
Directory identifies DBE's which have been certified. Others may also qualify for certification but must be certified before bid opening. The DBE directory maybe obtained from the
DEPARTMENT OF TRANSPORTATION. Material Operations Branch, Publication Distribution
Unit 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone (916) 445-3300;
i. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of
this contract and may result in termination of the contract or other appropriate remedy for such
breach.
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j. Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women.
2-1.15 DBE GOAL FOR THIS PROJECT. The Department has established the following goal for disadvantaged
businesses {DBE) participation for this proaect.
DISADVANTAGED BUSINESS (DBE} ten percent (10%).
It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and
to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers,
so as to assure meeting the goal for DBE participation.
The Department has contracted with the following organization to assist DBE's in preparing bids for subcontracting
or supplying materials:
TRIAXLE MANAGEMENT SERVICES, INC. -LOS ANGELES
2594 Industry Way,Suite 101-A
Lynwood, CA 90262
Telephone: (310) 537-b677
FAX N0. (310) 637-0128
Bidders may utilize the services of this organization to contact interested DBE's.
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SECTION 3 -AWARD AND EXECUTION OF CONTRACT
3.1.01 GENERAL. The award of the contract, if awarded, will be to the lowest responsible bidder. The language refers
to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily
perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3.1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety
insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds
shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one
hundred percent (100%) of the contract price. The other of the said bonds shall guarantee payment to laborers,
mechanics and material workers employed on the job under the contract, shall satisfy the requirements specified in Section 324$ of the California Civil Code and shall be for an amount not less than indicated in the following table:
Bond Amount Contract Amount
One hundred percent (100%) of the total Does not equal or exceed five million
amount payable by the terms of the contract dollars $5,000,000
Fifty percent (50%) of the total amount Not less than live million dollars and
payable by the terms of the contract does not exceed ten million dollars
($10,000,000)
Twenty-five percent (25%) of the total Exceeds ten million dollars amount payable by the terms of the contract ($10,000,000.00)
Whenever any surety or sureties on any such bonds required by law for the protection of the claims of .laborers and
material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient,
a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding
that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter
no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04- EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together
with the contract bonds and required insurance documents, within ten (10) days, not including Sundays, after the bidder
has received notice that the contract has been awarded. The Commercial General Liability and Workers' Compensation
insurance policies shall contain additional insured endorsements in favor of the City, its mayor, council, officers, agents, employees .and volunteers, as required in these specifications. No proposal shall be considered binding upon the City
until. the execution of the contract. All contracts shall be considered as being made and entered into in the City of
Bakersfield, California.
Failure to execute a contract, file acceptable bonds and submit acceptable insurance documents as provided herein within
ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be
just cause for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the contract, the City of
Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All
other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to
the respective bidders whose proposals they accompany.
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SECTION 3-2 SUBMISSION OF DBE INFORMATION
AWARD, AND EXECUTION OF CONTRACT
3-2.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of
Contract", of the Standard Specifications and these special provisions for the requirements and conditions
concerning submittal of DBE information, award, and execution of contract.
The required DBE information shall be submitted on the "BIDDER • DBE INFORMATION" form included in the
V proposal. If such DBE information is not submitted with the bid, the DBE information form shall be removed from
documents prior to submitting the bid.
It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that,
prior to bidding, the bidder made good faith efforts to do so.
3-2.01A DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful bidder
(low bidder) the second 'low bidder and the third low bidder shall submit DBE information to the offtce at which bids were received so the information is received by the Department no later than close of business on the fourth day, not
including Saturdays, Sunday and legal holidays, following the bid opening. DBE information sent by certifted mail
and postmarked on or before the third day not including Saturdays, Sundays and legal holidays, following bid
opening will be accepted even if it is received after said fourth day following bid opening. Failure to submit the
required DBE information by the time specified will be grounds for ftnding the bid or proposal non-responsive.
Other bidders need not submit DBE information unless requested to do so by the Department. When such request is
made, the DBE information of such bidders shall be submitted so the information is received by the Department no later than close of business on the third day, not including Saturdays, Sundays and legal holidays, after said
notification, unless a later time is authorized by the Department.
The bidders DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the
goal has been .made.
Bidders are. cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal
should also include their good faith efforts information along with their DBE goal information to protect their
eligibility for award of the contract in the event the Department, in its review, ftnds that the goal has not been met.
The information to show that the DBE goal will be met shall include the names of DBE's to be used, with a complete description of work or supplies to be provided by each and the dollar value of each such DBE transaction. When
100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact
portion of said work to be performed or furnished by that DBE shall be included in the DBE information, including
the planned location of said work. (NOTE: DBE Subcontractors to whom the bidder proposes to subcontract
portions of the work in an amount in excess of one-half of one percent of his total bid orten-thousand dollars
($10,000), whichever is greater, must have been named in the bid. See section entitled "Required Listing of Proposed Subcontractors" in Section 2, of these special provisions).
The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include:
a. The names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in
which a request for DBE participation for this project was placed by the bidder;
{ b. The names and dates of notices of all certified DBE's solicited by direct mail for this project and
the dates and methods used for following up initial solicitations to determine with certainty
whether the DBE's were interested.
c. The items of work for which the bidder requested subbids or materials to be supplied by DBE's,
the information furnished interested DBE's in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate DBE
participation. Where there are DBE's available for doing portions of the work normally performed
by the bidder with his own forces, the bidder will be expected to make portions of such work
available for DBE's to bid on.
10
d. The names of DBE's who submitted bids for any of the work indicated in (c) above which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the
subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's
choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and
the price bid by the selected subcontractor or supplier. Since the utilization of available DBE's is
expected, only significant price differences will be considered as cause for rejecting such DBE
bids.
e. Assistance that the bidder has extended to DBE's identified in (d} above to remedy the deficiency
in their subbids.
f. Any additional data to support a demonstration of good faith effort, such as contacts with DBE
assistance agencies.
3.2.O1B AWARD OF CONTRACT. The award of contract, if it be awarded, will be to the lowest responsible
bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation
or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for DBE
participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for
being eligible for award of contract.
3-2.02 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the
Contractor in response to the requirements in the section of these special provisions entitled "Submission of DBE
Information, Award, and Execution of Contract", which are determined by the Department to be certified DBE's,
shall perform the work and supply the materials for which they are listed unless the Contractor has received prior
written authorization to perform the work with other forces or to obtain the materials from other sources.
Authorization to utilize other forces or sources of materials may be requested for the following reasons:
a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a
written contract, when such written contract, based upon the general terms, conditions, plans and
specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is
presented by the Contractor.
b. The listed DBE becomes bankrupt or insolvent.
c. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials.
d. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor.
e. The work performed by the listed subcontractor is substantially unsatisfactory and is not in
substantial conformance with the plans and specifications, or the subcontractor is substantially
delaying or disrupting the progress of the work.
f. It would be in the best interest of the City.
The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by
. the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the
Engineer.
3-2.03 DBE RECORDS. The Contractor shall maintain records of all subcontracts entered into with certified DBE
subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name
and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE
subcontractor or vendor.
Upon completion of the contract, a summary of these records shall be prepared on Form CEM-2402 and certified
correct by the Contractor or his authorized representative, and shall be furnished to the Engineer.
11
3-2.04 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the
Standard Specifications, Section 2, "Proposal Requirements and Conditions," Section 3, "Submission of DBE
Information, Award, and Execution of Contract", elsewhere in these special provisions.
The requirement in the third paragraph of said Section 8-1.01 that the Contractor shall perform with his own
organization contract work amounting to not less than fifty percent (50°Io} of the original contract price is not ti
changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts", in Section 6-2 of these special provisions that the Contractor perform not less than thirty percent (30%)
of the original contract work with hls own organization.
Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract
Provisions Federal-Aid Construction Contracts", in Section 6-2 of these special provisions. This requirement shall
be enforced as follows:
Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from
progress payments due, or to become due, until correction is made. Failure to comply may result in
termination of the contract.
The DBE information furnished under Section 3-2.OlA "DBE Information" of these special provisions is in addition
to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting", and Section 2-1.07, "Required Listing of Proposed Subcontractors", of these special provisions.
In accordance with the Federal MBE regulations Section 23.45(f)(2) Part 23, Title 49 CFR;
a. No substitution of a DBE subcontractor shall be made at any time without the written consent of
the Department, and
b. If a DBE subcontractor is unable to perform successfully and is to be replaced, the contractor will
be required. to .make good faith efforts to replace the original DBE subcontractor with another DBE
subcontractor.
The requirement in Section 2-1.13(H), "Disadvantaged Business", of these special provisions that DBE's must be certified on the date bids are opened does not apply to DBE substitutions after award of the contract.
12
~r
SECTION 4-BEGINNING OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work," Section 8-1.06,
"Time of Completion," and Section 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically
hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The
Contractor shall diligently prosecute the same to completion before the expiration of 25 working days.
Contract working days will commence from the date the Contractor begins work or the 15`h calendar day from the date of the written notice to proceed, whichever comes Brst.
The Contract shall pay to the City of Bakersfield the sum of $250,00 dollars per day for each and every calendar day's
- delay in finishing the work m excess of the number of working days prescribed above.
Full compensation for conforming to the. requirements of above paragraph shall be considered as included in the prices
paid for the various items of work and no additional allowance will be made therefor.
Y
13
SECTION 5 -GENERAL
5.1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 1-1.40, "State Contract Act," and Section 9-1.10,
"Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State
Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this
contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code.
In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement).
5.1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of ten-
thousanddollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds
twenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
5.1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Work," of the Standard Specifications and these special provisions.
Section 5-1.02, "Plans and Working Drawings," of the Standard Specifications is amended by adding the following
paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived
in writing by the Engineer.
Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended by adding the following paragraph after
the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation from a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer.
If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the
finished work.
The second paragraph in Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing
a reasonable length of time in advance of starting operations that require such stakes or marks. In no event,
shall a notice of less than twenty-four (24} hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" , of the Standard Specifications is amended by adding the following paragraph after the-first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice
to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will
be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with
Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours labor
shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep an accurate record
.j showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open
at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors
shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or
type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of
prevailing rates is on file and available for inspection in the Public Works Department. The schedule is incorporated
herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall
have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way
with the City's right to investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
14
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker aid less than the P amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required
to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided
in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-I.OIA(3), "Payroll Records," of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.Ob LABOR NONDISCRIMINATION. Attention is directed to Section 7-I.OIA(4), "Labor Nondiscrimination,"
of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to
implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements
in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-I.OIA(5), "Apprentices," of the Standard
Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors
shall submit one of the following:
a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS". This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on
the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee rovidin for
P g apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that
the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000) for excavation of any trench or tenches five (5) feet or more in depth, the Contractor or
his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring,
bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City
Engineer.
If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division
of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than
that required by the Construction Safety Orders of the Division of Industrial Safety. _
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees.
The terms "Public Works," and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code
Sections 1720 and 1722 respectively.
15
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.011,
"Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M, and 6:00 A.M., shall not exceed eighty-
six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for
complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to
trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound
signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental
organization which requires such permits, licenses or fees. The Contractor shall procure a business license in the City
of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Monday throu h Friday. Any deviations must be requested in writing and directed to the Engineer at the Pre-Job Conference.
Written approval from the Engineer is required for work beyond these limits.
Any time work proceeds which requires inspection services for more than a nine and one-half (9.5) hour work day
or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12. LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State
and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has
obtained all insurance. required under this section and the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor
to commence work on his subcontract until said certificates of insurance have been Bled with and approved by the City
-Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required
insurance policies.
5-1.13A INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and
employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of
them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by
CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies in the performance of,
or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party .indemnified hereunder, except as limited by California Civil Code § 2782.
5.1.13B INSURANCE. In addition to any other insurance or bond required under 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:
1. Automobile liabilit 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:
a. Provide coverage for owned, non-owned and hired autos.
b. Provide contractual liability coverage for the terms of this Agreement.
lb
2. Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with
limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
a. Provide contractual liability coverage for the terms of this Agreement.
b. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.
3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits
of not less than one million dollars ($1,000,000) per accident; and the policy shall contain a waiver
of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and
volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the City, its mayor, council, officers, agents,
employees, or volunteers, and any insurance or self Insurance maintained by the City, its mayor, council, officers, agents,
employees, and volunteers shall be in 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 certif icate of insurance and required endorsements evidences g
the insurance required under the Agreement. This certificate with the required endorsements must be returned with the
executed contract as specified in Section 3-1:04, "Execution of Contract", of these special provisions. The City may withhold payments hereunder if certificates of Insurance and endorsements required in the Agreement are not maintained.
Unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the "basic
insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City has
approved lesser insurance requirements for Contractor.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with
the foreman's or superintendent's name who will be in charge of this project.
5-1.15 WORK IN CITY STREETS. All of the work shown on the plans and included in theses ecifications that is p
located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinances regulating the
use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of
Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5-1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor
shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions.
5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated
any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any
other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the
contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a
satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such
17
suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such
suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative,
may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery
or materials, and purchase the materials contracted for, ~n such a manner as the Engineer may deem proper; or the City
Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom
over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor.
In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill
the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess
of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion
of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all
just claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
5-1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly
or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are
considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the
failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume
the work until ordered in writing by the Engineer.
5-1.19 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments," and Section 9-1.07, "Payment After
Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.20 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final
Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to
the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read:
The Director will make the final determination of any claims which remain in dispute after completion of claim
review. Aboard or person designated by said Director will review such claims and make written
recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done
thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom
all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract.
All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final
payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF
COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the
attached GUARANTEE when applicable.
18
It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract
except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly
or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any
defective work or improper materials.
The Contractor further agrees that the payment of the final amount due under the contract, and the ad'ustment and .~T ~ payment for any work done in accordance with any alterations of the same, shall release the City, the Cit Council, and
Y the Engineer from any and all claims or liability on account of work performed under the contract or any alteration
thereof.
5-1.21 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of
the Standard Specifications Is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Fourth paragraph of Section 24-1.11, "PAYMENT".
Eleventh paragraph of Section 39-8.02, "PAYMENT".
5-1.22 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's
well-being and their education of handling hazardous materials when hazardous materials are encountered during this project.
5-1.23 HIGHWAY CONSTRUCTION EQUIPMENT. Attention is directed to Section 7-1.01D, "Vehicle Code,"
and Section 7-1.02, "Weight Limitations," of the Standard Specifications and these special provisions.
Pursuant to the authority contained in .Section 591 of the Vehicle Code, the Department has determined that, within such
areas as are within the limits of the project and are open to public traffic, ~ the Contractor shall comply with all the requirements set forth in Divisions 11,12,13,14 and 15 of the Vehicle Code. Attention is directed to the statement in
Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor
shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and
damage from such equipment.
19
aaGENERAL DECISION CA990032 08/20/99 CA32
General Decision Number CA990032
Superseded General Decision No. CA980032
State: California
Construction Type:
BUILDING
DREDGING HEAVY
HIGHWAY
County (ies)
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge
work}; HEAVY CONSTRUCTION PROJECTS (does not include oil well drilling or water well drillingj; HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 03/12/1999 1 ~ 04/16/1999
2 05/28/1999
3 06/04/1999 4 07/02/1999
5 08/06/1999
6 08/20/1999
Attachment 1 a
DRYWALL STOCKER/SCRAPPER 10.00 5.32
CARP0002Z 07/01/1996
Rates Fringes
CARPENTERS: Carpenter, cabinet installer,
insulation installer, floor
worker and acoustical installer 24.18' 6.28 Shingler 24.31 6.28
Roof loader of shingles 17.02 6.28
Saw filer 24.26 6.28
Table power saw operator 24.28 6.28 Pneumatic nailer or power stapler 24.43 6.28
Fence builder 22.30 6.28
Millwright 25.25 ~ 6.28
Pile driver; Derrick barge; Bridge or dock carpenter;
Cable splicer; Heavy framer;
Rockslinger 24.88 6.28 Head rockslinger 24.98 6.28
Rock barge or scow 24.78 6.28
Scaffold builder 19.00 6.28
FOOTNOTE:
Work of forming in the construction of open cut sewers or storm
drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled
holes, for that portion of a lagged trench against which concrete
is poured, namely, as a substitute for back forms (which work is
performed by piledrivers): $0.13 per hour additional.
CARP0003H 07/01/1999 Rates Fringes
MODULAR FURNITURE INSTALLER 13.08 3,98
LOW WALL MODULAR TECHNICIAN 17.80 3..98 FULL WALL TECHNICIAN 21.88 3.98
ELEC0011G 01/01/1997 Rates Fringes
COMMUNICATIONS AND SYSTEMS WORK:
COMMUNICATIONS & SYSTEMS:
Installer 18.03 3~ + 3.50
Technician 18.78 3~ + 3.50
SCOPE OF WORK:
Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound,
vision and digital for commercial, educational, security and
entertainment purposes for the following: TV monitoring and
surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission,
multi-media, multiplex, nurse call systems, radio page, school
intercom and sound, burglar alarms, fire alarm (see last
paragraph below) and low voltage master clock systems in commercial buildings.
Communication Systems that transmit~or receive information and/or control systems that are intrinsic to the above listed
systems; inclusion or exclusion of terminations and testings of
conductors determined by their function; excluding all other data systems or multiple systems which include control function or
c
Line worker, welding 31.91 4.5~ + 7.02
SCOPE OF WORK:
All outside work on electrical transmission lines, switchyards
and substations, and outside work in electrical utility
distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies.
ELEV0008C 08/01/1999
Rates Fringes
ELEVATOR MECHANIC 40.955 6.935
FOOTNOTE:
Vacation Pay: 8~ with 5 or more years of service, 6~ for 6
months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Friday after, and Christmas Day.
ENGI0012C 07/01/1999
Rates Fringes POWER EQUIPMENT OPERATORS:
GROUP 1 25.80 10.35
GROUP 2 26.58' 10.35
GROUP 3 26..87 10.35 GROUP 4 27.51 10.35
GROUP 5 28.61 10.35
GROUP 6 27.73 10.35 GROUP 7 27.84 10.35
GROUP 8 28.94 10.35
GROUP 9 2 7.9 6 10.3 5
GROUP 10 29.06 10.35 GROUP 11 28.13 10.35
GROUP 12 28.23 10.35
GROUP 13 28.26 10.35 GROUP 14 28.34 10.35
GROUP 15 28.46 10.35
GROUP 16 28.63 10.35 GROUP 17 28.73 10.35
GROUP 18 28.84 10.35
GROUP 19 28.96 10..35
GROUP 20 29.13 10.35 GROUP 21 29.23 10.35
GROUP 22 29.34 10.35
GROUP 23 29.46 10.35 GROUP 24 29.63 10.35
CRANES, PILEDRIVING & HOISTING EQUIPMENT:
GROUP 1 26.30 10.35 GROUP 2 27.08 10.35
GROUP 3 27.37 10.35
GROUP 4 27.51 10.35 GROUP 5 27.73 10.35
GROUP 6 27.84 10.35
GROUP 7 27.96 10.35
GROUP 8 28.13 10.35 GROUP 9 2 8.3 0 10.35
GROUP 10 29.3.0 10.35
GROUP 11 30.30 10.35
GROUP 12 31.3 0 10.3 5 GROUP 13 32.30 10.35
TUNNEL WORK: GROUP 1 27.58 10.35
e
(crawler and wheel type, over 3/4 yd. and up to and including 1-
1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer,
tamper-scraper (single engine, up to 100 h.p. flywheel and
similar types, up to and including D-5 and similar types), tugger hoist operator (1 drum), ultra high pressure waterjet cutting
tool system operator, vacuum blasting machine operator
GROUP 7: Asphalt or concrete spreading operator (tamping or finishing), asphalt paving machine operator (Barber Greene or
similar type), asphalt-rubber distribution operator, backhoe
operator (up to and including 3/4 yd.), small Ford, Case or
similar, cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor operator
(self-propelled), concrete mixer operator (paving), crushing
plant operator, drill doctor, drilling machine operator, bucket
or auger types (Calweld 150 bucket or similar types - Watson
1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or
similar types - drilling depth of 60' maximum), elevating grader operator, grade checker,.gradall operator, grouting machine
operator, heavy-duty repair person, heavy equipment robotics
operator, Kalamazoo balliste regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or
similar type, loader operator (Athey, Euclid, Sierra and similar
types}, pneumatic concrete placing machine operator (Hackley- Presswell or similar type), pumpcrete gun operator, rotary drill
operator (excluding caisson type), rubber-tired earth-moving
equipment-operator (single engine, caterpillar, Euclid, Athey
Wagon and similar types with any and all attachments over 25 yds. up to .and including 50 cu. yds. struck}, rubber-tired earth-
moving equipment .operator (multiple engine up to and including 25
yds. .struck), rubber-tired scraper operator (self-loading paddle wheel type - John Deere, 1.040 and similar single unit), self-
~k propelled curb and gutter machine operator, skiploader operator
(crawler and wheel type over 1-1/2 yds. up to and including 6-1/2
yds , soil remediation plant operator, surface heaters and planer operator, tractor compressor drill combination operator,
tractor operator (any type larger than D-5 - 100 flywheel h.p.
and over, or similar - bulldozer,. tamper, scraper and push tractor single engine), tractor operator (boom attachments),
traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator (over 6 ft. depth
capacity, manufacturer's rating), ultra high pressure waterjet cutting tool system mechanic
GROUP 8: Heavy-duty repair person (multi-shift)
GROUP 9: Drilling machine operator, bucket or auger types
(Calweld 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, dynamic
compactor LDC350 (or similar types), heavy-duty repair-welder
combination, monorail locomotive operator (diesel, gas or electric), motor patrol.- blade .operator (single engine),
multiple engine tractor operator (Euclid and similar type -
except Quad 9 cat.), rubber-tired earth-moving equipment operator.
. (single engine, over 50 yds. struck}, rubber-tired earth-moving
equipment operator (multiple engine, Euclid, caterpillar and
similar over 25 yds. and up to 50 yds. struck), tower crane repair person, tractor loader operator (crawler and wheel type
over 6-1/2 yds.), Woods mixer operator (and similar Pugmill .
equipment)
GROUP 10: Heavy-duty repair-welder combination (multi-shift)
g
struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - multiple engine,
y Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single
engine, up to and including 25 yds. struck}
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with
any and all attachments over 25 yds. and up to and including 50
yds. struck}, rubber-tired earth-moving equipment operator,
operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single
engine, over 50 yds. struck), rubber-tired earth-moving equipment
operator, operating equipment with the tandem push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 24: Concrete pump operator - truck mounted, rubber-tired earth-moving equipment operator, operating equipment with the
tandem push-pull system (multiple engine, Euclid, Caterpillar and
similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
..n y..,
- GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier operator
(jobsite}
GROUP 4: Bridge-type unloader and turntable operator; Helicopter
hoist operator
GROUP 5: Stinger crane (Austin-Western or similar type}; Tugger
hoist operator (1 drum}. .
GROUP 6: Bridge crane operator; Cretor crane operator; Hois t operator (Chicago boom and similar type); Lift mobile operator;
Lift slab machine operator (Vagtborg and similar types); Material
hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds.
mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc}; Tower crane repair;
Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and
including 25 ton capacity); Hoist operator,' stiff legs, Guy
derrick or similar type (up to and including 25 ton capacity);
Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc}
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist
Welder; Deckmate 28.27 10.35
Winch operator (stern winch on dredge) 27.72 10.35
Fire person - oiler; Leveehand;
Deckhand; Barge person 27.18 10.35
Barge mate 27.79 10.35
IRON0001Q 07/01/1999
Rates Fringes IRONWORKERS:
Fence erector 23.29 13.83
Ornamental, reinforcing and structural 24.18 13.83
FOOTNOTE:
Work at China Lake Naval Test Station and Edwards Air Force Base: $3.00 per hour additional.
LAB00001B 07/01/1999
Rates Fringes
BRICK TENDER 1$.43, 9.44
LAB00002H 07/01/1999
Rates Fringes LABORERS:
GROUP 1 18.18 9.49
GROUP 2 18.58 9.49
GROUP 3 18.78 9.49 GROUP 4 19.83 9.49
GROUP 5 20.03 9.49
TUNNEL LABORERS:
GROUP 1 ~ 21.09 9.49
GROUP 2 21.21 9.49 GROUP 3 21.37 9.49
GROUP 4 21.65 9.49
GUNITE LABORERS: GROUP 1 20.89 11.43
GROUP 2 19.94 11.43
GROUP 3 16.40 11.43
HOUSEMOVERS .(ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A
CONSTRUCTION CONTRACT):
Housemover 15.50 8.38 Yard maintenance person 15,25 g,38
FOOTNOTE: GUNITE PREMIUM PAY: .
Workers working from a Bosu'n's Chair or suspended from a
rope or cable shall receive 40 cents per hour above the
foregoing applicable classification rates. Workers doing gunite and/Or shotcrete work in a tunnel shall
receive 35 cents per hour above the foregoing applicable
classification rates, paid on a portal-to-portal basis. Any work performed on, in or above-any smoke stack, silo,
storage elevator or similar type of structure, when such
structure is in excess of 75'-0" above base level and which
work must be performed in whole or in part more than 75'=0" ,above base level, that work performed above the 75'-0" level
shall be compensated for at 35 cents per hour above the
applicable classification wage rate.
k
laborers' work; Oversize concrete vibrator operator, 70 lbs. and
over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the
ditch until completion of operation, including any and 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 gas, air, or other product whatsoever and without regard to
the nature of material from which the tubular material is
fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,
Porta Shot-Blast; Welding in connection with laborers' work
GROUP 5: Blaster powder, all work of loading holes, placing and
blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing; Driller:
All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of
mechanical drills without regard to the form of motive power;
Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader;
Dump person; Dum • p person (outside), Swamper (brake person and
switch person on tunnel work); Tunnel materials handling person
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; Pot tender, using mastic or other
materials (for example, but not byway of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except
driller}
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of troweling
and/or grouting machines; Powder person ,(primer house); Primer
person; Sandblaster; Shotcrete person; Steel form raiser and .setter; Timber person, retimber person, wood or steel; Tunnel
Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise-work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Nozzle person and rod person
GROUP 2: Gun person
GROUP 3: Rebound person
LABO0220F 01/01/1999
Rates Fringes
.PLASTERER TENDER:
Edwards Air Force Base; Elk Hills Naval Reserve; and Naval Air
Weapons Station, China Lake 18.64 7.91
Remainder of County 14.96 7.91
LABO0882B 01/01/1997
Rates Fringes
m
(defined as light metal
buildings, small warehouses, small storage facilities and
tilt-up buildings); Repaint ,
work (defined as repaint of
any structure with the exception of work involving
the aerospace industry,
breweries, commercial - recreational facilities,
hotels which operate
commercial establishments
as part of hotel service, and sports facilities);
Tenant improvement work
(defined as tenant
improvement work not .included in conjunction with
the construction of the
building, and all repainting of tenant improvement
projects 17.20 5.91
All other work 19.30 ~ 5.91
PAIN0036J 07/01/1997
Rates Fringes
DRYWALL FINISHER: Work on wood frame structures 18.00 3.34
All other work 20.99 5.52
PAIN0169B 07/01/1999
Rates Fringes
GIAZIER 23.55 7.97
FOOTNOTE:
Welding in connection with glazing work: $1.0.0 per hour
additional.
PAIN1247A 10/01/1997
Rates Fringes SOFT FLOOR LAYER 19.47 5.66
PLAS0200A 08/06/1997
Rates Fringes
PLASTERERS 23.38 4.04
PLAS0500B 07/01/1999
Rates Fringes CEMENT MASONS:
Work on projects where the total
permit value of the general and all ' subcontracts is $12 million or less:
Cement Mason; curb and gutter
machine; Clary and
similar type of screed - operator (cement only);
grinding machine (all types);
Jackson vibratory, Texas screed and similar type
0
ROOFER 20.15 6.30
FOOTNOTE:
Work with pitch, pitch base of pitch impregnated products or
any material containing coal tar pitch, on any building old or
new, where both asphalt and pitchers are used in the application
of a built-up roof or tear off: $2.00 per hour additional.
SFCA0669G 04/01/1999
Rates Fringes
SPRINKLER FITTER (FIRE) 27.35 6.40
SHEE0102D 01/01/1999
Rates Fringes EAST OF HWY. #395 .FROM RED MOUNTAIN TO THE INYO COUNTY LINE:
COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for
creature comfort and computers
clean rooms, architectural metals, metal roofing and lagging, over
insulation 27.51 9.00
SHEE0102E 01/01/1999
Rates Fringes
EAST OF HWY. #395 FROM RED MOUNTAIN TO THE INYO COUNTY LINE:
INDUSTRIAL SPECIALTIES SHEET METAL WORKER:
Work on all air pollution-control
systems, noise abatement panels, blow pipe, air-veyor systems,
dust collecting, baghouses,
heating,~air conditioning, and ventilating (other than creature
comfort) and all other industrial
work, including metal insulated ceilings 25.21 12.82
SHEE0108A 10/01/1998 Rates Fringes
WEST OF HWY. #395 FROM RED MOUNTAIN TO THE INYO COUNTY LINE:
SHEET METAL WORKER:
Light commercial work
(10,000 sq. ft. or less) 16.43 2.25
All other work 22~.90~ 8.62
TEAM0011D 07/01/1999
Rates Fringes TRUCK DRIVERS:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake: GROUP 1 22.19 11.89
GROUP 2 22.34. 11.89
GROUP 3 22.47 11.89
GROUP 4 22.66 11.89
GROUP 5 22.60 11.89
GROUP 6 22.72 11.89 GROUP 7 22.97 11.89-
9
(29 CFR 5.5 (a) (1} (v) } .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination * a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate}
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour Regional .Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor 200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor 200 Constitution Avenue, N. W. _
Washington, D. C. 20210
4.} All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
s
Local Assistance Procedures Manual EXHIBIT 1Z-E
PS&E Checklist Instructions Attachment A
SECTION l4. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
``4
GENERAL.-The work herein proposed will be financed i n
whole or in part with Federal funds, and therefore all of the (This form need not be filled in if all joint venture firms are statutes, rules and regulations promulgated by the Federal Gov minority owned.}
ernment and applicable to work financed in whole or in part
with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, 1. Name of joint venture
"Form FHWA 1273, are included in this Section 14. Whenever
in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or 2. Address of 'oint venture
"authorized representative of the SHA," such references shall be J
construed to mean "Engineer" as defined in Section 1.1.18 of the Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT.-In ad• 3. Phone number of joint venture dition to the provisions in Section II, "Nondiscrimination," and
Section VII, "Subletting or Assigning the Contract," of the re-
quired contract provisions, the Contractor shall comply with the following: 4, Identify the firms which comprise the joint venture. (The
The bidder shall execute the CERTIFICATION WITH RE- MBE partner must complete Schedule A.)
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS ~R SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No request
for subletting- or assigning any portion of the contract in ex- cess of $10,000 will be considered under the provisions of a. Describe the role of the MBE firm in the joint venture.
Section VII of the required contract provisions unless such
request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor.
NON-COLLUSION PROVISION.-The provisions in this , section. are applicable to all contracts except contracts for b. Describe very briefly the experience and business
Federal Aid Secondary projects. , , ,Title 13, United States Code, Section ,112, requires as a quahficat~ons of each non•MBE ~omt venturer:
condition precedent to approval by the Federal Highway
Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, fum,
.association, or corporation to whom such contract is to be
.awarded, certifying that ,such person, firm, association,, or , , ~ , corporation has not, either directly or indirectly, entered into 5. Nature of the point venture s business
any agreement, participated in .any collusion, or otherwise
taken any action in restraint of flee competitive bidding i n connection with the submitted bid, A fain to make the non-
collusion affidavit statement required by Section 112 as a b. Provide a copy of the joint venture agreement.
certification under penalty of perjury rather than as a sworn , statement as permitted by 28, USC, Sec. 1746, ~s included in the 7. What ~s the clamed percentage of MBE ownership. _
proposal
PARTICIPATION BY MINORITY BUSINESS EN-
TERPRISES IN SUBCONTRACTING.-Part 23, Title 49, 8.Ownership of joint venture: (This need not be filled in if Code of Federal Regulations applies to this Federal•aid project. , , ,
Pertinent sections of said Code are incorporated in part or in its described in the point venture agreement, provided by
entirety within other sections of these special provisions. question 6.).
Schedule B-Information for Determining Joint Venture E 1 i-
gibility
Revised 3.95
08.07.95 FR•1
ATTACHMENT 2 ~ Page 1Z-b3 February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Disputes within the meaning of this clause include disputes
Page between the contractor (or any of its subcontractors) and the
I. General 3 contracting agency, the DOL, or the contractor's employees or
II. Nondiscrimination 3 their representatives. III. Nonsegregated Facilities S b. Selection of Labor: During the performance of this
N. Payment of Predetermined Minimum Wage 6 contract, the contractor shall not:
V. Statements and Payrolls 8 VI. Record of Materials, Supplies, and Labor 9 a. discriminate against labor from any other State, posses-
VII. .Subletting or Assigning the Contract 9 sion, or territory of the United States (except for employment
VIII. Safety: Accident Prevention 10 preference for Appalachian contracts, when applicable, as
IX. False Statements Concerning Highway Project....... 10 specified in Attachment A), or X. Implementation of Clean Air Act and Federal Water b. em to convict labor for an u ose within the limits
Pollution Control Act p y y p ~ l 0 of the project unless it is labor performed by convicts who are
XI. Certification Regarding Debarment, Suspension, on parole, supervised release, or probation.
Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds for II. NONDISCRIMINATION
Lobbying 12
(Applicable to all Federal-aid construction contracts and to ATTACHMENTS all related subcontracts of $10,000 or more.)
A. Employment Preference for Appalachian Contracts 1. Equal Employment Opportunity; .Equal employment (included ~n Appalachian contracts only) opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure -equal opportunity as set forth under
i. GENERAL laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR b0) and orders of the Secretary of
1. These contract provisions -shall apply to all work per- Labor as modified by the provisions prescribed herein, .and im-
formed on the contract by the contractor's own organization .posed pursuant to 23 U.S.C. 140 shall constitute the EEO and and with the assistance of workers under the contractor's im- specific affirmative action standards for the contractor's project
mediate superintendence and to all work performed on the con- activities under this contract The Equal Opportunity
tract by piecework, station work, or by subcontract. Construction Contract ,Specifications .set forth under 41 CFR b0-4.3 and -the provisions of the American Disabilities
2. Except as otherwise provided for in each section, the con- Act of 1990 (42 U.S.C. 12101 et seq.) set.forth under 28 CFR 35 tractor shall insert in each subcontract all of the stipulations and 29 CFR 1630 are incorporated by reference in this contract.
contained in these Required- Contract. Provisions, and further In the execution of this contract, the contractor agrees to comply
require. -their inclusion in any lower tier subcontract or with the following minimum specific requirement activities of ,purchase. order that may in turn be made. -The Required Contract EEO:
Provisions shall not be incorporated by reference in any case.
The prime contractor shall be responsible for compliance by any a. The contractor will work with the State highway agency subcontractor or lower tier subcontractor with these Required (SHA) and the Federal Government in carrying out EEO
Contract Provisions. obligations and in their review of his/her activities under the
contract. 3. A breach of any of the stipulations contained in these Re-
quired Contract Provisions shall be sufficient grounds- for b. The contractor will accept as .his operating policy- the
termination of the contract. following statement:
4. A breach of the following clauses of the Required Contract "It is the policy of this Company to assure that applicants Provisions may also be grounds for debarment as provided in are employed, and that employees are treated during employ-
29 CFR 5.12: ment, without regard to their race, religion, sex, color, na-
tional origin, .age or disability. .Such action shall include: Section I, paragraph 2; employment,. upgrading, demotion, or transfer; recruitment or
Section 1V, paragraphs 1, 2, 3, 4, and 7; recruitment advertising; layoff or termination; rates of pay or Section V, paragraphs I and 2a through 2g. other forms of compensation; and selection for training, in-
eluding apprenticeship, preapprenticeship, and/or on-the-job
S. Disputes arising out of the labor standards provisions of training.
Section IV (except paragraph S) and Section V of these Required - Contract Provisions shall not be subject to the general 2. EEO Officer: The contractor will designate and make
disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer who will
resolved in accordance with the procedures of the U.S. De- have the responsibility for and must be capable of effectively partment of Labor (DOL) as set forth in 29 CFR 5, b, and 7.
Form 1273 Revised 3.95 08.07.95
FR-3
Page 12-65 February 1,1998
.Local. Assistance Procedures Manual EXHIBIT lZ•E PS&E Checklist Instructions Attachment B
7. Unions: 1f the contractor relies in whole or in part upon 9. Records and Reports: The contractor shall keep such unions as a source of employees, the contractor will use his/her records as necessary to document compliance with the EEO
best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained for a period of
opportunities for minority groups and women within the three years following completion of the contract work and shall unions, and to effect referrals by such unions of minority and be available at reasonable times and places for inspection by au•
female employees. Actions by the contractor either directly or thorized representatives of the SHA and the FHWA.
through a contractor's association acting as agent will include the procedures set forth below: a. The records kept by the contractor shall document the
following:
a. The contractor will use best efforts to develop, in coop- eration with the unions,, joint training programs aimed (1) The number of minority and non-minority group
toward qualifying more minority group members and women members and women employed in each work classification for membership in the unions and increasing the skills of on the project;
minority group employees and women so that they may
qualify for higher paying employment. (1) 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 portuntt~es for minonties and women;
EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants with- (3) The progress and efforts being .made in locating, hir-
out regard to their race, color, religion, sex, national origin, ing, training, qualifying, and upgrading minority and fe-
age or disability, male employees; and
c. The contractor is to obtain information as to the referral (4) The progress and efforts being made in securing the
practices and policies of the labor union except that to the ex- services of DBE subcontractors or subcontractors with tent such information is within the exclusive possession of meaningful minority and female representation among their
the labor union and such labor union refuses to furnish such employees.
information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to b. The contractors will submit an annual report to the SHA
obtain such information. each July for the duration of the project, indicating the num-
ber of minority,. women, and non-minority group employees d. In the event the union is unable to provide the contrac- currently engaged in each work class~ficat~on required by the
for with a reasonable flow of minority and women referrals contract .work. This information is to be reported on Form within the time limit set forth in the collective barga~nmg FHWA-1.391. ~ on-the-job .training is being required by
agreement, the contractor will, through independent recruit- special prov~s~on, the. contractor will be required to collect
-menu efforts, f 11 the employment vacancies without regard to .and report training data. (F ~r race, color, religion, sex, national origin, age or disability;
making full. efforts to obtain qualified and/or qualifiable mi- III NONSEGREGATED FACILITIES
nority group persons and women. (The DOL has held that i t shall be no excuse that the union with which the contractor .(Applicable to all Federal-aid construction contracts and to
has a collective bargaining agreement providing for exclusive all related subcontracts of $10,000 or more.)
.referral faded to .refer minority employees.) In the event the union referral practice .prevents the contractor firm meeting a. By submission of this bid, the execution of this contract
.the obl~gatrons .pursuant to Executwe Order l 1246, as or subcontract, or the consummation of this material supply amended,. and :these special provisions, such contractor shall agreement or purchase order, as appropriate, the bidder,
immediately notify. the SHA. Federal-aid construction contractor subcontractor material
supplier, or vendor, as appropriate, certifies that the~fum does 8. Selection of Subcontractors, Procurement of Materials not, maintain or provide for its employees any segregated
and Leasing. of Equipment. The contractor shall not facilities at any of its establishments and- that the firm does
discriminate on the grounds of race, color, religion, sex, not ermit its em to ees to omi their services at an national origin, age or disab~l~ty in the selection and retention to P • p y ~ ~ • • y
cation, under its control, where segregated fac~l~t~es are of subcontractors, including procurement of materials and leases maintained. The firm agrees that a breach of this certif cation
of equipment. ~ is a violation of the EEO rovisions of this contract. The firm
, further certifies that no em to ee will be denied access to a. The contractor shall notify all potential subcontractors ade uate facilities on the basis of sex or disabilit .
.and suppliers of hisser EEO obligations under this contract. q y
b. Disadvantaged business enterprises (DBE), as defined b~ As used in this certification, the term "segregated facili-
in 49 CFR 13, shall have equal opportunity to coin ete for ties means any waiting rooms, work areas, restrooms and p washrooms, restaurants and other eating areas, time clocks, and perform subcontracts which the contractor enters into - locker rooms, and other storage or dressing areas, parking
pursuant to this contract. The contractor will use his best lots, drinking fountains, recreation or entertainment areas, efforts to sol~c~t bids from and to utalize DBE subcontractors transportation, and housing facilities provided for employees
or subcontractors with meaningful minority group and female which are segregated by explicit directive, or are, in fact, se -
representation among their employees. Contractors shall regated on the basis of race, color, reli ion, national on in obtain lists of DBE construction firms from SHA ersonnel. g g g '
P a e or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the
c. The contractor will use his best efforts to ensure subcon- demands for accessibility override (e.g. disabled parking). tractor compliance with their EEO obligations.
Form 1273 Ravised 3.95
08.07.95
FR-5
Page 12-67 February 1,1998
Local Assistance Procedures Manual EXHIBIT 1Z-E
PS&E Checklist Instructions Attachment B
as stated in the wage determination or shall pay another bona (4) In the event the Bureau of Apprenticeship and Train- fide fringe benefit or an hourly case equivalent thereof. ing, or a State apprenticeship agency recognized by the
- Bureau, withdraws approval of an apprenticeship program,
b. If the contractor or subcontractor, as appropriate, does the contractor or subcontractor will no longer be permitted not make payments to a trustee or other third person, helshe to utilize 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 providing employees until an acceptable program is approved. bona fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written b. Trainees:
request of the contractor, that the applicable standards of the Davis•Bacon Act have been met. The Secretary of Labor may (l) Except as provided in 29 CFR S.lb, trainees will not
require the contractor to set aside in a separate account assets be permitted to work at less than the predetermined rate for
for the meeting of obligations under the plan or program. the work performed unless they are employed pursuant to and individually registered m a program which has
4. Apprentices and Trainees (Programs of the U.S. DOL) received prior approval, evidenced by formal certification
and Helpers: by the DOL, Employment and Training Administration.
a. Apprentices: (2) The ratio of trainees to journeyman-level employees
on the job site shall not be greater than permitted under the (1) Apprentices will be permitted to work at less than plan approved by the Employment and Training Adminis-
the predetermined rate for the work they performed when tration. Any employee listed on the payroll at a trainee
they are employed pursuant to and individually registered rate who ~s .not registered and participating in a training in a bona fide apprenticeship program registered with the plan approved by the Employment and Training Admm~s-
D4L, Employment and Training Administration, Bureau of tration shall be paid not less than the applicable wage rate
Apprenticeship and Training, or with a State apprentice- on the wage determination for the classification of work ac- ship agency recognized by the Bureau, or if a person is em- tually performed: In addition, any trainee performing work
ployed in his/her first 90 days of probationary employment on the fob site m excess of the ratio permuted under the
as an apprentice in such an apprenticeship program, who i s registered program shall be paid not less than the applica- not individually registered in the program, but who has ble wage rate on the wage determ~nat~on for the work actu-
been certified by the Bureau of Apprenticeship and ally performed.
,Training or a State apprenticeship agency (where appropri- ate) to be eligible for probationary employment as an ap- (3) Every trainee must be paid at not less than the rate
prentice. specified in the approved program for hisser level of progress, expressed as a percentage of the journeyman-level
(2) The allowable ratio of apprentices to journeyman- .hourly rate specified in the applicable wage determination.
level employees on the job site in any craft classification Trainees shall be paid fringe benefits in accordance with shall not be greater than the ratio permitted to the contrac- .the provisions of the trainee program, If the trainee
for as to the entire work force under the registered .program. ..program does not mention fringe benefits, trainees shall be
Any employee listed on a payroll at an apprentice wage paid .the .full .amount of fringe benefits listed on the wage rate, who is not registered or otherwise employed as stated .determination. unless the Administrator of the Wage and
above, shall be paid not less than the applicable wage rate Hour Division, determines that there is an apprenticeship
listed in the wage determination for the classification of ..program associated with the corresponding journeyman- work actually performed. In addition, any apprentice per- .level wage rate on the wage determination which provides
forming work on the job site in excess of the ratio permitted for less than .full fringe benefits for apprentices, in which
under the registered program shall be paid not less than the case such trainees shall receive the same fringe benefits as applicable wage rate on the wage determination for the apprentices.
work actually performed. Where a contractor or , , . , .subcontractor is performing construction on a project in a (4) In the event the Employment and Training Adminis-
locality other than that in which its program is registered, tration withdraws approval of a training program, the con-
the ratios. and wage rates (expressed in percentages of the tractor. or subcontractor will no longer be permitted to uti- journey, man-level hourly rate) specified in the contractor's line trainees at less than the applicable predetermined rate
or subcontractor's registered~program shall be observed. for the work performed until an acceptable program is ap-
proved. (3) Every apprentice must be paid at not less than the
rate .specified in the registered program for the apprentice's c. Helpers:
level of progress, expressed as a percentage of the jour- Heyman-level hourly rate specified in the applicable wage Helpers will be permitted to work on a project if the
determination. Apprentices shall be paid fringe benefits i n helper classification is specified and defined on the
accordance with the provisions of the apprenticeship pro- applicable wage determination or is approved pursuant to 1 gram. If the apprenticeship program does not specify fringe the conformance procedure set forth in Section IV.2. Any
benefits, apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage rate, who is not
benefits listed on the wage determination for the applicable a helper under an approved definition, shall be paid not classification. If the Administrator for the Wage and Hour less than the applicable wage rate on the wage
Division determines that a different practice prevails for the determination -for t>•.~ classification of work actually applicable apprentice classification, fringes shall be paid performed.
in accordance with that determination.
Form 1273 -Revised 3.95
08-07.95 FR-7
Page 12-69
February 1,1998
.Local Assistance Procedures Manual EXHIBIT 11•E PS&E Checklist Instructions Attachment B
c. Each contractor and subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR 5.12.
week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employ- VI. RECORD OF MATERIALS, SUPPLIES, AND
ees (including apprentices, trainees, and helpers, described in LABOR
Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). 1.On all Federal•aid contracts on the National Hi hwa. S s-
The payroll submitted shall set out accurately and completely except those which provide solely for the ins allation yof
all of the information required to be maintained under pars- protective devices at railroad rade crossin s those which are graph 2b of this Section V. This information may be submit- ~ .
. constructed on a force account or direct labor bans hi hwa ted in any form desired. Optional Form WH•347 is available ' beautification contracts, and contracts for which the total final for this purpose and may be purchased from the Superinten- construction cost for roadway and bridge is less than
dent of Documents (Federal stock number 029-005.0014.1), $1,000,000 (23 CFR 635) the contractor shall:
U.S. Government Panting Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of a Become familiar with the list of s ecific materials and
copies of payrolls by all subcontractors. supplies contained in Form FHWA•47, pStatement of Materi-
d. Each payroll submitted shall be accompanied by a als and Labor Used by Contractor of Highway Construction
"Statement of Compliance," signed by the contractor or sub- Involving Federal Funds, prior to the commencement of work .under this contract.
contractor or his~ier agent who pays or supervises the pay- ment of the persons employed under the contract and shall b. Maintain a record of the total cost of all materials and
certify the following: supplies purchased for and incorporated in the work, and
also of the quantities of those specific materials and supplies (1) that the payroll for the payroll period contains the listed on Form FHWA-47, and in the units shown on Form
information.required to be maintained under paragraph 2b FHWA-47.
of .this Section V and that such information is correct and complete; c. Furnish, u on the com letion of the contract to the SHA
. resident en ineer on Form FHWA-47 to ether with the data (2}that such laborer or mechanic (including each helper, g g
required in paragraph 1 b 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 mdirectiy, and
that no deductions have been made either directly or 2. At the prime contractor's option, either a sin le re ort
indirectly from the full wages earned, other than covering all contract work or separate re orts for the c ontractor permissible deductions as set forth in the Regulations, 29 and for each subcontract shall be submit ed.
CFR 3;
{3) that each laborer or mechanic has been paid not less VIL SUBLETTING OR ASSIGNING THE CON-
that the applicable wage rate and fringe benefits or cash TRACT
equivalent for the classification of worked performed, as specified in the applicable wage determination incorpo- 1. The contractor shall perform with its own organization
.rated into the contract. contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of the e. The weekly submission of a properly executed certifica- total original contract price, excluding any specialty items des-
tion set forth on the reverse side of Optional Form WH•347 ignated by the State. Specialty items .may be performed by sub- shall satisfy the requirement for submission of the "Statement contract and the amount of any such specialty. items performed
of Compliance" required by paragraph 2d of this.Section V, may be deducted from the total original contract price before
computing the amount of work required to be performed by the f:The falsification of any of the above certifications may contractor's own organization (23 CFR 635).
subject the contractor to civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C. 231. a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime con-
g. The contractor or subcontractor shall make the records tractor and equipment owned or rented by the prime contrac-
required .under paragraph 2b of this Section V available for tor, with or without operators. Such term does not include inspection, copying, or transcription by authorized employees or equipment of a subcontractor, assignee, or agent
representatives of the SHA, the FHWA, or the DOL, and of the prime contractor. shall permit such representatives to interview employees
duang working hours on the fob. If the contractor or b. "Specialty Items" shall be construed to be limited to
subcontractor fails to submit the required records or to make work that requires highly specialized knowledge, abilities, them available, the SHA, the FHWA, the DOL, or all may, or equipment not ordinarily available in the type of con-
after written notice to the contractor, sponsor, applicant, or tracting organizations qualified and expected to bid on the
owner, take such actions as may be necessary to cause the contract as a whole and in general are to be limited to minor suspension of any further payment, advance, or guarantee of components of the overall contract.
funds. Furthermore, failure to submit the required records
upon request or to make such records available may be
Form 1213 -Revised 3.95 08.01.95
FR-9
Page 12-71
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
for the contract is under consideration to be listed on the EPA g. The prospective primary participant further agrees by List of Violating Facilities. submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibil-
4. That the firm agrees to include or cause to be included the ity and Voluntary Exclusion•Lower Tier Covered Transac- requirements of paragraph I through 4 of this Section X in every tion," provided by the department or agency entering into
nonexempt subcontract, and further agrees to take such action as this covered transaction, without modification, in ali lower
the government may direct as a means of enforcing such re- tier covered transactions and in all solicitations for lower tier quirements. covered transactions.
XI. CERTIFICATION REGARDING DEBARMENT, h. A participant in a covered transaction may rely upon a SUSPENSION, INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov-
EXCLUSION ered transaction that is not debarred, suspended, ineligible,
or voluntarily excluded firm the covered transaction, unless 1.lnstructions for Certification -Primary Covered it knows that the certification is erroneous, A participant
may decide the method and frequency by which it determines Transactions: the eligibility of its principals. Each participant may, but i s
not required to, check the nonprocurement portion of the
(Applicable to all Federal-aid contracts - 49 CFR 29) "L~sts of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which i s
a. By signing and submitting this proposal, the prospec- compiled by the General Services Administration.
tive primary participant is providing the certtficatron set out below.. i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
b. The inability of a person to provide, the certification set in good faith the certification required by this clause. The out below will not necessarily .result in denial of part~c- knowledge and information of participant is not required to
~pation ~n this covered transaction. The prospective par- exceed that which is .normally possessed 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- j, Except for transactions authorized under paragraph f of partment or agency s determination whether to enter into this these- instructions, if a participant in a covered transaction
transaction. However, failure of the prospective primary knowingly enters into a lower tier covered transaction with a
participant to furnish a certification or an explanation shall person who is suspended, debarred, ineligible, or voluntarily drsquahfy such a person from participation m this excluded from participation in this transaction, in addition to
transaction. other remedies available to the Federal Government, the de•
partment or agency may terminate this transaction for cause or c. The certification in this clause is a material representa- default.
` ' tion of fact upon which reliance was placed when the depart-
ment or agency determined to enter into this transaction. If i t is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to Certification Regarding Debarment, other remedies available to the Federal Government, the de- Suspension, Ineligibility and Voluntary
partment or agency may terminate this transaction for cause of Exclusion-Primary Covered Transactions
default,
I. 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 wntten notice to the department or agency to whom this proposal is submitted if any time the prospective .primary a. Are not presently debarred, suspended, proposed for
participant learns that its certification was erroneous when debarment, declared ineligible, or voluntarily excluded
submitted or has become erroneous by reason of changed from covered transactions by any Federal department or circumstances. agency;
N N N n N u .
e. The terms. covered transaction, debarred, suspended, b. Have not within a 3-year period preceding this N' N tl N 11 11 , ineligible, lower tier covered transaction, part~c~pant, proposal been convicted of or had a c~v~l judgment ren-
erson rim covered transaction rmc~ al "P "P ~ ~'Y ~ "P ~ ~P dered against them for commission of fraud or a criminal " ro osal," and "voluntaril excluded," as used in this clause,
P P Y offense in connection with obtaining, attempting to obtain, have the meanings set out in the Definitions and Coverage or performing a public (Federal, State or local) transaction
sections of rules implementing Executive Order 12549. You or contract under a public transaction; violation of Federal :may contact the department or agency to which this proposal or State antitrust statutes or commission of embezzlement,
~s submitted for assistance in obtaining a copy of those theft, forgery, bribery, falsification or destruction of
regulations. records, making false statements, or receiving stolen
f. The prospective primary participant agrees by submitting Property;
this proposal that, should the proposed covered transaction c. Are not presently indicted for or otherwise criminally be entered into, ~t shall not knowingly enter into any lower or civilly charged by a governmental entity (Federal, State
tier covered transaction with a person who is debarred, or local) with commission of any of the offenses enumerated
suspended, declared ineligible, or voluntarily excluded from in paragraph l b of this certification; and part~cipat~on in this covered transaction, unless authorized
by the department or agency entering into this transaction.
Focm 1273 -Revised 3.95
08.07.95
FR-11
Page 12-73
February 1,1998
Local Assistance Procedures Manual EXHIBIT 1Z-E PS&E Checklist Instructions Attachment B
grant, loan, or cooperative agreement, the undersigned shall certification shall be subject to a civil penalty of not less than
complete and submit Standard Forln•LLL, "Disclosure Form t o ~ 10,000 and not more than S 100,000 for each such failure. Report Lobbying," in accordance with its instructions.
3. The prospective participant also agrees by submitting his
2. This certification is a material representation of fact upon or her bid or proposal that he or she shall .require that the lan• which reliance was placed when this transaction was made or guage of this certification be included in all lower tier subcon-
entered into. Submission of this certification is a .prerequisite tracts, which exceed X100,000 and that all such recipients shall
for making or cntering into this transaction imposed by 31 certify and disclose accordingly. U.S.C. 1352. Any person who fails to file the required
FEDERAL-AID FEMALE AND MINORITY GOALS
In accordance with Section II, ~ "Nondiscrimination," of 177 Sacramento, CA:
"Required. Contract Provisions Federal•aid Construction Contracts".the following are the goals for female utilization: SMSA Counties:
6920 Sacramento, CA 16.1
- Goal for Women CA Placer; CA Sacramento; (applies nationwide) ..............(percent) 6.9 CA Yolo.
The following are goals for minority utilization: Non•SMSA Counties 14.3 CA Butte; CA Colusa;
CA El Dorado; CA Glenn; CALIFORNIA ECONOMIC AREA CA Nevada; CA Siena;
CA Sutter; CA Yuba.
Goal (Percent) 178 Stockton•Modesto, CA:
174 Redding, CA:
SMSA Counties: Non•SMSA Counties 6.8 12.3 5170 Modesto, CA
CA Lassen; CA Modoc; CA Stanislaus.
CA Plumes; CA Shasta; 8120 Stockton, CA 24.3 CA Siskiyou; CA Tehama. CA .San Joaquin.
Non•SMSA Counties 19.8
.175 Eureka, CA: CA Alpine; CA Amador;
CA Calaveras; CA Mariposa; Non•SMSA Counties 6.6 .
CA Dei Norte- CA Humboldt- CA Merced, CA Tuolumne. CA Trinity. 179 Fresno-Bakersfield, CA:
176 San Francisco•Oakland-San Jose, CA: SMSA Counties:
SMSA Counties: 0680 Bakersfield, CA 19.1
7120 Salinas•Seaside- CA Kern. 2840 Fresno, CA 26.1 Monterey, CA 28.9 CA Fresno.
CA Monterey. Non-SMSA Counties 23.6
7360 San Francisco•Oakland, CA 25.6 CA Kings; CA Madera; CA Alameda; CA Contra Costa; CA Tulare.
CA Merin; CA San Francisco;
CA San Mateo. 180 Los Angeles, CA: 7400 San Jose, CA 19.6
CA Santa Clara. SMSA Counties:
7485 Santa Cruz, CA 14.9 0360 Anaheim•Santa Ana-Garden CA Santa Cruz. ~ Grove, CA 11.9
7500 Santa Rosa, CA 9.1 CA Orange.
CA Sonoma. 4480 Los Angeles•Long 8720 Vallejo•Fairfield- Napa, CA 17.1 ,Beach, CA........................................................ 28.3
CA Napa; CA Solano CA Los Angeles.
6000 Oxnard-Simi Valley
Non•SMSA Counties 23.2 Ventura, CA..................................................... 21.5 CA Lake; CA Mendocino; CA Ventura.
CA San Benito. Form 1213 -Revised 3.95
08.07.95
FR-13
-Page 1Z-75
February 1,1998
SECTION 6 -CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials", of the
Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by~ the Engineer before
delivery is started and before such material is used in the work. Representative preliminary samples of the character and
quality rescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of
national organizations, and such special methods and tests as are prescribed in the specifications.
b-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the
Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the
limits of the contract-shall apply to all borrow or disposal sites utilized by the Contractor.
.Upon. completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final
inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of
blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction
or from the appropriate pollution control boards and such permits contain requirements which conflict with the
requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the
conflicting requirements of this section provided the permit requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be
considered as included in the contract prices paid for the items of work which require the use of the sites and no
additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance", of
the .Standard Specifications,. the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
6-1.04 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface
Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with ,
said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this
project shall occur in the United States.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance", of the
Standard Specifications, shall be furnished for steel materials. The certificates, in addition to certifying that the materials
comply with the specifications, shall also specifically certify that all manufacturing processes for the material occurred
in the United States.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the cost
of such materials used does not exceed one-tenth (0.1 of 1 percent (1 of the total contract cost, or $2,500,
whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quality and value of
any foreign steel prior to incorporating such materials into the work
p
20
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7.1,01 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements that are to
remain in place within the construction area or that are to be relocated and relocation operations have not been
completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and 7-1.12, "Responsibility
for Damage, of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements
for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment
that may damage such facilities or interfere with the services. ether forces may be engaged in moving or removing utility
facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and
conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed
by other such forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on
the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays
may be allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor
shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and current operational
status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor
shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and replacement of damaged
plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the
Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation
mterruptlon.
Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they
shall not be disturbed unless directed by the Engineer. Due care shall be taken to minimize damage to existing stamped
concrete. The Contractor shall be responsible for repairing damaged areas. Where pull boxes are installed within
stamped concrete areas Contractor shall insure aneat sawcut or in-kind replacement of stamped concrete area bounding
the. pull box.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the
responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as
included in the prices paid for the various items of work and no additional allowance will be made therefor.
PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation
will be made therefor.
7-1.02 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and
other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth
in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon
Highways," published by the State of California, Department of Transportation. Application and use of devices shall be
as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and
21
progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows;
Construction operations requiring lane closures shall be actively in progress only between the hours indicated
below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
Truxtun Ave. Eastbound/Westbound 8:30am-4;30pm
Where construction operations are actively in progress, a minimum of one traffic lane for each direction of
travel shall be open for use by public traffic. Such lanes shall not be less than twelve (12 feet in width. Where ) construction operations are not actively in progress all lanes shall be open for use by public traffic.
Public traffic may be permitted to use paved shoulders and, if half width construction methods are used, may
also be permitted to use the side of the roadbed opposite to the one under construction. No additional
compensation will be allowed for any shaping of or paving of shoulders necessary for the accommodation
of public traffic thereon during construction operations. Maximum length of lane closures and minimum
distances between lane closures may be restricted by the Engineer.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish; install and maintain construction area signs,
lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and
direction. of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent
flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End
Construction," No. C-13, shall be furnished, installed and .maintained by the Contractor at locations. as
directed by the Engineer at least forty-eight (48}hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall. be considered as
included in the prices paid for various items. of work and no additional allowance will be made therefor.
7-1.03 TRAFFIC DELINEATION. Immediately after any construction where delineation is obliterated
or when directed by the Engineer, the Contractor shall replace all obliterated pavement delineation with temporary
delineation during the same work period and in no case later than 7:30 A.M. following such work period.
Temporary delineation shall consist of temporary reflective pavement markers spaced no more than 12 feet
apart on 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 or markings. Any temporary markers that
become detached before permanent striping or markings are applied shall be replaced immediately by the Contractor.
Temporary delineation shall be removed immediately prior to placement of permanent striping and when
directed by the Engineer. Temporary delineation placed on a lower lift of asphalt concrete shall be removed immediately
prior to placement of additional lifts. Temporary delineation shall then be replaced. Temporary delineation shall be
placed in line with the new or existing striping alignment or as directed by the Engineer. All delineation or markings shall
be replaced in-kind by the Contractor.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the
prices paid for various items of work and no additional allowance will be made therefor.
7-1.04 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions In Section 15, "Existing Highway Facilities," of the Standard Specifications and
22
these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to
construction.
Existing City highway signs and street markers shall be placed in their permanent position by the
Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
7-1.05 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15,
Existing Highway Facilities ,Section 16, "Clearing and Grubbing", and Section 19-1.04, "Removal and Disposal of Buried Man-Made Objects", of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material
Outside the Highway Right of Way", of the Standard Specifications.
MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be
allowed therefor.
7-l.Ob CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section
16, Clearing and Grubbing , of the Standard Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.07 DUST CONTROL. Dust control shall conform to the provisions in Section 10, "Dust Control",
of the standard Specifications and these special provisions. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the
effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be
limited to the following:
a. Water shall be applied to all unpaved areas as required to prevent the surface- from becoming dry
enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In
residential areas, a self contained, pick-up type, power broom with water distribution system shall
be used.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in
the prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.08 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway", of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard
Specifications, the following shall apply:
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess
and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations.
23
The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential areas,
when a broom is used, a self contained, pick-up type, power broom with water distribution system shall be
used.
_ PAYMENT. Full compensation for Finishing Roadway as specified will be paid for at the contract lump sum price,
which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in Finishing Roadway as specified.
7-1.09 DIRECTIONAL DRILLING: Directional drilling work shall comply with the requirements
contained in the "CALIFORNIA DEPARTMENT OF TRANSPORTATION Manual for Encroachment Permits on
California State Highways Sixth Edition 1997" including the following:
A. Companies proposing to conduct directional boring projects must show evidence that all crews, including sub- contractors, have completed a course in directional boring conducted and certified by the manufacturer of the
equipment. Certificates must be made available upon request.
Companies proposing to conduct directional boring project must show evidence that all crews, including sub-
contractors, have completed a course in the mixing and use of drilling chemicals for the stabilization of the ground
and surrounding affected areas of the bore.
B. Drilling chemicals shall be used on all bores. A written analysis of soil samples shall be provided to the drilling
fluid manufacturer or qualified professional engineer for analysis and recommendation of proper mixtures prior to
any directional bores. Soils analysis and drilling fluids program shall be made available for inspection at any time
during the directional drilling project.
C. Pressures and flow rates of slurry drilling mud must be closely monitored during the pilot bore and the back
reaming operations. Flow rates shall not exceed 76 liters per minute (20 gal./min.) and pressures shall not exceed
6.89 MPa (1,000 psi).
D. All bores 254 mm (10") in diameter and larger shall bepre-reamed prior to pulling the conduit. All bores that
require a depth of more than 36" must bepre-reamed prior to pulling the conduit irrespective of the diameter of the conduit being pulled back.
E. Drilling fluids shall be properly disposed of. Drilling fluids shall not be disposed of by placing into storm
drains, sanitary sewers or sidewalk gutters.
F. Minimum depth of cover shall be .91 S m (3
Companies proposing to conduct a directional boring project must show evidence that all crews, including sub-
contractors, have the capabilities to verify all previous bores by the use of an electronic locating device, shown
to be accurate to ±5% for line and depth. Verification will be made during any time that the project is ongoing .
at the request of the site inspector.
During the boring process a pothole is to remain open in the middle of the bore path, in the approximate center
of the total footage, for physical verification of the depth, and centerline of the pilot bore.
G. Survey Grid: The Contractor shall set and check a 12 foot wide survey grid centered over the centerline of the
directional drilling operation 1.829 m on center (6.0' o.c.), Copies of the survey notes shall be submitted to City
of Bakersfield inspector.
Pilot bores are to be maintained within a window of one foot, right to left, of the centerline of the proposed bore
path.
Pilot bores are to be maintained within a window of one foot, up and down, of the centerline of the proposed
bore path with a minimum depth of cover of .915 m (3').
H. Pavement sections that buckle or heave 2 cm (3/4")or more must be saw cut and replaced in kind as required
24
by City of Bakersfield Engineer. Concrete sidewalk sections, median islands, above ground utilities, pull boxes that buckle or heave must be saw cut and/or replaced in kind. Sidewalk and/or curb and gutter must be replaced
to the nearest undamaged section.
I. Traffic control for receiver operator shall be discussed at the pre job meeting if necessary.
J. Contractor shall provide directional drilling as-built plans containing the following information:
1. Location of entry and exit point.
2. Radius of curvature.
3. Location and clearances of all other facilities.
4. Depth of coverage at 10' intervals.
5. Length and size of excavations.
6. City right-of way lines.
7-1.09A.1 DIRECTIONAL DRILLING PIT AND RECEIVING PIT SHALL BE:
A. Located at least 3.05 m (10~ from edge of pavement on conventional highways in rural areas for perpendicular
crossings.
B. Located at least 1.52 m (S~behind concrete curb or AC dike on conventional highways in urban areas for
perpendicular crossings or on concrete sidewalk for longitudinal installation.
C. Located at least 1.52 m (5 ~ outside toe of slope in embankment areas.
D. Directional boring and receiving pits deeper than five feet shall be in compliance with CAL-OSHA requirements. Shoring and bracing for pits located within 4.57 m (15 Hof traffic lanes on the City highway shall
not extend more than 1.0 m (36")above pavement grade unless otherwise authorized by the City's inspector.
7-1.09A.2 EXCAVATION AND BACKFILL:
Excavation and backfill not specifically covered by these provisions shall be governed by applicable provisions of Section 19 "Earthwork" of Caltrans Standard Specifications dated July 1995. Prior to placing successive structural
layers, each layer shall be graded and compacted, and shall meet the grading tolerance speciEed by the appropriate
provision of Caltrans Standard Specifications, dated July 1995. No excavation shall be left open after working hours.
At the end of each working day if any excavation that leaves a drop off of more than 0.15' in depth within 12' of the
edge of pavement shall be sloped at a maximum 4:1, backfilled or covered with a steel plate at the end of each work day. Steel plates shall be of sufficient thickness to support legal truck traffic.
7-1.09A.3 DAMAGES:
Any damages to private or public facilities shall be immediately reported to City of Bakersfield inspector and
repaired or replaced to City of B akersfield Standards or facility owner requirements, at the expense of the Contractor.
The Contractor shall be responsible for locating and protecting all underground facilities that may be in the work areas.
Before any excavation, the Contractor shall call USA UNDERGROUND ALERT Ph:1-500-227-2600.
7-1.10 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard
Specifications and these special provisions. Conduit shall be PVC Schedule 40 of Standard Iron Pipe Sizes or HDPE conduit depending Selective Alternate Bid awarded. High density polyethylene conduit (HDPE) shall comply with
the following specifications:
1. Conduit shall be fabricated from polyethylene and shall be in conformance with NEMA standards and Article
347 of the National Electrical Code. Non-black polyethylene conduit shall contain not less than 2500 parts per
million (ppm) of a hindered amain ultraviolet light stabilizer. Ultraviolet stabilization additive for black polyethylene conduit shall consist of carbon black loading of 2.5%+0.5% by weight.
2. Conduit shall be manufactured from high density polyethylene rein designated as Type III, Category 5, Class
25
C, Grade P34 material in accordance with ASTM D 1248. The material shall meet the requirements of ASTM D2447
and NEMA TC-2
3. This conduit must be liquid-tight flexible conduit.
4. The entire length of each high density polyethylene conduit shall be installed without coupling, splices, or
joints (ie. It shall be one continuous piece from pull box to pull box.)
PVC conduit shall meet the following requirements:
1. Shall conform to UL Standard 651 and NEMA Standard TC-2.
2. All bends and couplers shall be UL listed and conform to NEMA Standard TC-3.
3. The end bell for the conduit shall conform to ASTM F-512.
7-1.11 MULTIDUCT CONDUIT. Where 4-inch conduit with innerduct is to be installed by trenching
or boring as specified in the plans, a factory assembled conduit system with four (4) innerducts is required. Other
systems in accordance with these special provisions may be allowed.
The conduit shall be Schedule 40 PVC. Each innerduct shall be 1.15 inch (I.D. minimum), manufactured from
polyethylene or PVC. For alignment purposes, one innerduct shall be a different color than the others and shall be
consistent for the project. UL listing is not required.
PVC innerduct shall be pre-lubed and have a wall thickness of 0.06-inch minimum.
Straight segments of multiduct conduit shall be nominal 20' lengths with a minimum 5" slip joint. Joints shall. be
keyed
to mate the enclosed innerducts and shall lock together or be provided with a seating mark to verify proper assembly.
The joint shall be solvent welded or sealed with a gasket as recommended by the manufacturer.
Bends shall be rigid factory assembled sections with a radius of 4' minimum..
Prior to joining the last sections of the conduit run, the innerduct colors at the ends shall be verified to_be consistent.
Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid
for respective Conduit Installation and no separate payment will be made therefor.
7-1.12 MULTI-CONDUIT SYSTEM. Where 4-inch conduit with innerduct is to be installed by trenching
or boring as specified in the plans, a factory assembled multi-conduit system with four conduits will be allowed.
The conduit shall be Schedule 40 PVC and UL 651 listed. Each conduit shall be 1.25" (I.D.nominal). The conduit
shall be "orange" in color, indicating "fiber optic duct." All conduit shall have a continuous print line on top and
bottom, in accordance with UL-651 using different colors, i.e. red, blue, black and white. The conduit marking shall
include; "Manufacturer name -1 1/4" Sch.40."
Straight segments of the multi-conduit system shall be nominal 20' lengths with a minimum 21/2" slip joint. Joints
shall be provided with a seating mark to verify proper assembly. The joint shall be solvent welded as recommended by the manufacturer.
Bends shall be rigid factory assembled sections with a radius of 4' minimum.
The multi-conduit system shall be connected by the "spacer method." Spacers shall be located at approximately
every 281/2". The spacers shall provide a minimum of 5l8" separation between ducts. All spacers shall be of high impact thermoplastic "AB S"material. The spacers shall be 4"X4" and allow for the removal of one or more conduits
from the multi-conduit system in the field.
26
Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid
for respective Conduit Installation and no separate payment will be made therefor.
7-1.13 CONDUIT AND INNERDUCT SEALING PLUGS. Except as otherwise noted, all empty conduits
and empty innerducts shall have their ends sealed with commercial preformed plugs which prevent the passage of
gas, dust and water into these conduits and their included innerducts. Sealing plugs shall be installed within each splice vault of pull box.
Sealing plugs shall be removable and reusable. Plugs sealing innerducts shall be the split type.
Sealing plugs that seal the innerducts shall seal each innerduct individually with appropriate sizes and configuration
to accommodate empty ducts.
Sealing plugs used to seal conduit and innerducts shall be capable of withstanding a pressure of 5 psi.
A sealing plug that seals an empty conduit or innerduct shall have an eye or other type of capturing device (on the
side of the plug that enters the conduit) to attach onto the pull rope, so the pull rope will be easily accessible when
the plug is removed.
Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract price paid
for respective Conduit Installation and no separate payment will be made therefor.
7-1.14 CONDUIT INSTALLATION. Conduits may be installed by either jacking/drilling or open trench
methods except where shown on the plans that boring/jacking is required or as determined by the Engineer.
Installation using~acking or drilling shall conform to Section 86-2.OSC, "Installation," ofthe Standard Specifications. Open trench installation in pavement shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit or Conduits shall be placed under existing pavement in a trench
minimum 6 inches not to exceed 12 inches in width for conduit. Trench shall be cut using a rock saw or backhoe and all loose. uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The
trench shall have a minimum depth of 24 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a two (2) sack slurry
cement back~ll. Contractor shall insure that multiple conduits are completely encased in slurry cement backBll.
Slurry cement backfill. shall be placed to within 0.40 feet of the pavement surface. The top 0.40 feet-shall be backfilled vvith Type B asphalt concrete produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and
Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed per
Standard Specifications to produce an asphalt concrete surface of uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be backfilled except for the top 0.40 foot, by the end of each work day.
The top 0.40 foot shall be placed within three (3) working days after trenching. Temporary roadmix or other
acceptable temporary surface will be allowed on the top 0.40 feet until such a time as the permanent asphalt surface
is placed. Permanent asphalt surface shall be placed within 15 working days of trench being opened.
5. Trenches perpendicular to traffic that are greater than 6" in width shall be plated until permanent asphalt is placed in top 0.40 foot. Trenches parallel to traffic that are greater than 6" in width shall be plated until temporary surface
is placed in top 0.40 foot.
6. No trench shall be opened in any street for the purpose of laying pipes or conduits more than six hundred (600)
feet in advance of the pipe or conduit placed therein.
PAYMENT. Full compensation for installing Conduit Installation including PVC (HDPE) conduit, (PVC, HDPE, MultiductConduit orMulti-Conduit System), innerduct sealing plugs, "LB."connections, cables, modems, pull rope,
27
pull boxes, sidewalk and handicap ramp replacement, excavation, trenching, slurry and in-kind backfilling and in- kindpavement patching, and directional or jacking and drilling boring methods and resultant process surface damage
repair and replacement ,shall be considered as included in the prices paid per linear foot for Conduit Installation
(3" PVC), linear foot for Conduit Installation (4" Multiduct Conduit),or prices paid per linear foot for Conduit
Installation (3" HDPE), linear foot for Conduit Installation (4" HDPE Multiduct Conduit} as required per each
respective Selective Alternative and no additional compensation will be allowed therefor.
7-1.15 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications, the plans, and these special provisions.
All pull box assemblies shall include one knockout for 2"conduit and one knockout for 4" multi-duct conduit on all
sides to accommodate installation of conduit. Should an approved alternate multi-duct conduit assembly be chosen
by the Contractor, the knockout for 4" multi-duct conduit at each end may be substituted by a larger size to
accommodate this alternate conduit assembly. Lid cover marking shall be "TRAFFIC SIGNAL".
Recesses for suspension of ballasts will not be required.
PAYMENT. Full compensation for pull boxes and concrete removal and replacement including stamped concrete and
asphalt concrete shall be considered as included in the contract price paid for Conduit Installation and no separate
payment will be made therefor.
7-1.16 TRAFFIC SIGNAL INTERCONNECT. A pull rope conforming to Section 86-2.OSC "Installation",
of the Standard Specifications shall be included in all interconnect conduit (including all innerducts) for installation
of future conductors.
Signal Interconnect Cable shall be six (6) pair conductor cable as shown on plans and shall conform to the following:
The conductors shall be solid #19 AWG annealed copper in twisted pairs. The conductors shall be no less than three
and one-half (3.5) turns per fourteen (14) inches for six (6) pair cable. The cable shall have a corrugated copolymer-
coated eight (8) mil. aluminum tape and applied longitudinally over the core wrap. These cables must meet the
requirements of PE-39and ANSUICEA S-84-608-1988. A certificate of compliance to these special provisions will
be required from the manufacturer prior to installation.
At least 3 feet of slack shall be left for each conductor at each pull box and 6 feet at each controller cabinet.
PAYMENT. Full compensation for installing Traffic Signal Interconnect including signal interconnect cable shall be
considered as included in the prices paid per linear foot for 19 AWG 6 Pair Interconnect Cable as required per each
respective Selective Alternative and no additional compensation will be allowed therefor. Blank PVC or HDPE
conduit shall include signal interconnect cable where shown on plans.
7-1.17 DETECTORS. Inductive loop detectors damaged during interconnect installation shall be replaced
by the Contractor. Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard
Specifications and these special provisions. Location and layout of detector loops shall be as directed by the
Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-5.01 A (4), "Construction Materials", of the
Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
'Loop wires in the pull box shall be twisted at a minimum rate of five (5) turns per foot, and the splice must be soldered
and completely waterproof. Connect one end of the shield to earth ground (at cabinet} and insulate the other end with
no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the
28
conductor.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5), "Installation
Details", of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the
requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops", to within one-eighth (118) inch of the
pavement surface. The sealant shall be at least one-half (112) inch thick above the top conductor in the saw cut.
Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
a. An elastomeric sealant conforming to Section 86-S.OIA (5), "Installation Details", of the Standard
Specifications.
b. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (5), "Installation Details", of the
Standard Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3ISU,
etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved
equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
PAYMENT. ~ Full compensation for Inductive Loop Detectors shall be paid for at the contract Lump Sum price for
Finish Roadway which shall include full compensation for furnishing all labor, materials, tools, equipment and
Incidentals and for doing all the work involved for installing inductive loop detectors, and no additional
compensation will be allowed therefor.
7-1.18 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
7-1.19. GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, installed under this contract for a period of one (1) year from the date of acceptance of the
work. The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions.
7-1.20 .PAYMENT. Payment for Traffic Interconnect System shall conform to the provisions in Section
86-8, "Payment", of the Standard Specifications and these special provisions.
a
29
PROPOSAL FOR
TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON
TRUXTUN AVENUE: H STREET TO OAK STREET
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, Brm or corporation; that he has
carefully examined the location of the proposed work, the annexed proposed form of contract and the plans
therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of
Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools,
apparatus and other means of construction and to do all the work and furnish all the materials in accordance with
the plans and specifications for the above, Bled in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of
the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set
forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within
ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the
proceeds of the check or bid bond accompanying his bid shall become the property of the City of Bakersfield.
The City shall then be free to accept the bid of another bidder.
NOTE: The Contractor shall submit bids for both Selective Alternative No. l and Selective Alternative No. 2. Final
determination to accept the bid of either Selective Alternative No. l or No. 2 shall be made by the City.
SELECTIVE ALTERNATIVE NO.1
FEDERAL AID ITEMS
ITEM .ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION.
N0. QUANTITY MEASURE (in figures) PRICE
(in figures) 1. 1 LS Finishing Roadway
2. 5277 LF Conduit Installation (4" Multiduct conduit PVC)
3. 30 LF Conduit Installation (3" PVC)
4. X238 LF 19 AWG 6 Pair Interconnect Cable
Total $
Bidder's Signature
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 1 of 2
PR 1
SELECTIVE ALTERNATIVE N0.2
FEDERAL AID ITEMS
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in figures) PRICE
(in figures) 1. 1 LS Finishing Roadway
2. 5277 LF Conduit Installation (4"HDPE Multiduct conduit)
3. 30 LF Conduit Installation (3" HDPE)
4. 5238 LF 19 AWG b Pair Interconnect Cable
Total
Bidder acknowledges receipt of the following addendum:
Clearly list any and all addenda numbers received on this project, above and on the lower left hand corner of the
sealed bid return envelope.
Company
Address
P.O. Box
City, State, Zip Code
Telephone Number
License No./Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 2 of 2
PR 1 A
PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON
TRUXTUN AVE: H STREET TO OAK STREET
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case
of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s)
shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices,
provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the
Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the followin : g
a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity
for the item and the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and
the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the
Contractor in or about the construction of the work orimprovement inexcess ofone-half of one percent (0.5%) of prime
Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work
which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal.
Subcontractor's Name Address (City, State, Zip) Description of portion of work
subcontracted
(attach additional sheets if needed)
Page 2 of x
PR 2
PROPOSAL FOR: TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON
TRUXTUN AVENUE: H STREET TO OAK STREET
Accompanying this proposal is [NOTICE: In the blank above, insert the words "cash "cashier's check," "certified check," or "bidder's
bond," as the case may be],
in an amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all
individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in
full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of
the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name
of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on
behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent,
other than. an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City
Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Date
Page 3 of x
PR 3
BIDDER'S BOND
(To Accompany Proposal)
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in
the sum of dollars to be paid to said City, for which
payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns,
jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as
referred to in the NOTICE TO CONTRACTORS attached hereto, is ,accepted by the Council of said City and. if the
above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a
contract, to construct said improvements aforementioned, and shall execute. and deliver. the two bonds required bylaw,
within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is
ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and
effect.
IN WITNESS WHEREOF, we have hereunto set out hands and seals this day of ,
19
(Seal)
(Seal)
(Seal)
Page 1 of 2
PR 4
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Date
personally appeared
Personally known to me
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hisser/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
--------------=-----------------OPTIONAL------____-----------_________-------
Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVID UAL
❑ CORPORATE OFFICER
Title or Type of Document
Title(s)
❑ PA RTNER(S) ❑ LIMITED
❑ GENERAL
Number of Pages
❑ ATTORNEY-IN-FACT
❑ TRUSTEE (S)
❑ GUARDIAN/CONSERVAT R 0
❑ OTHER;
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES)
Signer(s) Other than Named above
Page 2 of 2
PR 5
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The Bidder, under penalty of perjury, certified that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within
the past three ~3) years; - - - -
Does not have a proposed debarment pending; and
Has not been indicated, convicted, or had a civil judgement rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
If there are any exceptions to the Certifications, insert the exceptions in the following space: -
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility.
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above Certification is part of the Proposal. Signing. this Proposal on the signature portion thereof shall also
constitute signature of this Certifications.
. Signature of Contractor
Page 1 of 1
PR 6
CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION BY
DISADVANTAGED BUSINESSES IN SUBCONTRACTING
(Complete and submit with Proposal)
Contract No.
POLICY. It is the policyof the Cityof Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23 )
shall
have the maximum opportunity to participate in the performance of projects financed in whole or in part with Federal funds. The disadvantaged businesses requirements of 49 CFR Part 23 applyto this agreement and
the work to be performed pursuant to this agreement.
OBLIGATION. Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 23) shall
have the maximum opportunity to participate in the performance of subcontracts for work financed in whole
or inpart with the Federal funds provided pursuant to this agreement. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged businesses
have the maximum opportunityto compete for and perform subcontract work. Additionally, Contractor agrees
not to discriminate on the base of race, color, national origin, or sex in the award and performance of
subcontracts for work finances, in whole or in part, with the Federal funds provided pursuant to this
agreement.
CERTIFICATION. Contractor certifies that:
In accordance with the above described policy and obligation and the provisions of Section 2-1.14, "DBE
Goals for This Project", and Section 6-2, submission of DBE information, award, and execution of contract
of the special provisions of this contract, affirmative action has been taken to seek out and consider disadvantaged businesses for the portions of the work which are intended to be subcontracted and that
such affirmative actions are fully documented in my/our records and are available upon request. In
addition, )/we will take such affirmative action on any future subcontracting relating to this contract.
Dated
Contractor
Page 1 of 1
PR 7
NONCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal)
TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON TRUXTUN AVENUE: H STREET TO OAK STREET
STATE OF CALIFORNIA )
ss.
COUNTY OF )
being first duly sworn, deposes and says that he or Name
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
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any .advantage against the public body awarding-the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof , or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to be
engaged by the bidder for this project has been convicted of any offense referred to in the California Public Contract Code.
Business Address
Telephone No.
Place of Residence
Subscribed and sworn to before me
this day of ,19
Page 1 of 1
PR 8
Local Assistance Procedures Manual EXHIBIT 1Z•~
PS&E Checklist lnstructions Attachment L
LOCAL AGENCY BIDDER-DBE INFORMATION
This information may be submitted with your bid proposal. If it is not, and you are the apparent low
bidder or the second or third low bidder, it must be submitted and received by the administering agency no
later than the time s ecified in the s ecial rovisions.
CO.IRTE.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
CONTRACT DESCRIPTION OF WORK OR (Name of DBEs, Certification Number, AMOUNT ITEM N0. SERVICES TO BE and Telephone Number) * * ~ DBE
SUBCONTRACTED OR MATERIALS DBE
TO BE PROVIDED
Total Claimed $ $
Participation
* If l00% of item is not to be performed or furnished by_ DBE, describe exact portion, including planned location of work to be rformed, of item to be erformed or furnished b DBE
* * DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state-funded only
cannot be used to meet goals on federally funded contracts.
* * * Credit for a DBE supplier, who is not a manufacturer is limited to 60% of the amount paid to the supplier. (Sec Section "Disadvantaged Business" (DBE) of the special provisions)
IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above
should be consistent with the name and items of work in the "List of Subcontractors"
submitted with our bid ursuant to the Subcontractors Listln Law.
Signature of Bidder ~ Date (Area Code) tel. No.
Person to Contact (Please type. or print)
Distribution for NHS Projects: (I) Original~Caltrans DLAE for NHS Projects, (2) CopyLocal Agency project file
Distribution for non•NHS Projects: (1) Original Local Agency project file
DEPT. OF TRANSPORTATION (FED DBE) MODIFIED DC•0E-19 (REV09.18-95)
PR 9 Page 1Z•99
February 1,1998
Local Assistance Procedures Manual tinaaaai• a av
Good Faith Effort Statement of DBE Participation
GODD FAITH EFFORT STATEMENT OF DBE PARTICIPATIGN
` Federal-aid Project No. Bid Opening Date
Type of Work
The (local agency) established a Disadvantaged Business Enterprise (DBE) goal of
% for this project. The Contractor has committed to a goal of necessitating a good faith effort statement in accordance with 49 CFR 23.45. Our project files show that a good faith effort was made.
The following is a summary of that documentation:
1) Attendance at - or request for any pre-solicitation or pre-bid meetings:
2) Advertising in appropriate publications subcontracting opportunities: (Name and date of
publications)
NAME DATE
1 l
! /
3) Providing written notice to a reasonable number of DBEs} seeking their interest in
subcontracting opportunities being made available by the Contractor: (Sample letter attached)
. , 4) Following up of initial solicitations of interest: (Names, type, result.)
5) Selecting portions of the work to be performed by DBE(s): (Include $ value)
6) Providing interested DBE(s) with adequate information:
PR 10 ~ . Page 15-35 February 1,1998
~~n,sf~ j Local Assistance rroceaures manual
Cood Faith Effort Statement of DBE Participation
7) Negotiating good faith with interested DBE(s): , value of DBE Bids and one taken)
8} Making efforts to assist interested DBE(s) in obtaining bonding, lines of credit, or insurance;
and
9) Effectively using the services of available minority community organizations; minority
contractors' groups, local, State and Federal Minority Business Assistance in the recruitment
and placement of DBEs}: (Name, date of contact, information provided)
Signature, local agency DBE Liaison Officer
Distribution for NHS projects: (1) Original-Caltrans DLAE, ~2) Copy -Local Agency Project File
Distribution fornon-NHS projects: (1) Original -Local Agency Project File ~
Page 15-36 PR 11 F~lhruary 1,1998
LVCiII ASSI~W(1CC rfV~:Ct~UfC~ 1~17~I111~11
PS&E Checklist Instructions Attachment C
(THE KIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS
PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF
THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ,proposed
subcontractor ,hereby certifies that he
.has has not r, participated in a previous contract or subcontract subject to the equal opportunity
clauses, as required,by Executive Orders 10925,11114, or 11246, and that, where required, he has filed with
the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted. by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause
-are -set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $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- contract or
subcontract subject to the Executive .Orders .and have not filed the required .reports should .note that
41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of
Labor.
i i.~.a9
PR 12 Page 12-77 . February 1,1998
Ltx:~~ nssw~an~r rrtxeuurr~ iribnuai Glltlltfl 1 1L•G
PS&E Checklist Instructions Attachment F
NONLOBBYIl~tO CERTIFICATION
FOR FEDERAL-A►ID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
{1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal .agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(Z) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
.complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this-transaction
was made. or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section I35Z, Title 3l, U.S. Code. Any person who fails to file the required
certification shall- be subject to a civil penalty of not less than $1.0,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or pro sal that he or she shall re uire p° q that the language of this cert~ficat~on be included in all lower tier subcontracts, which. exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
12.4-a9
PR 13 Page 12-83 ' February 1,1998
Local Assistance Procedures Manual EXHIBIT 12•E
PS&E Checklist Instructions Attachment G
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activ~ies pursuant to 31 U.S.C. 1352.
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a contract a. bidlofferlapplication a. in'~ial b, grant b. in~ial award b. material c;haange
c. cooperative agreement c. postaward d. ban For Materiel Change Only:
e. ee year qua er f, ban tr~urance date of last report
4. Name and Actress of Reporting Entity: 5. ff Reporting Entity in No. 4 is Subawardee. Enter
Prime Subawardee Name and Address of Prime: ❑ ❑
Tier , tf known
Congressional District, if known; Congressional District, if known:
6. Federal DepartmentlAgency: 1. Federal Program HamelDescription:
CFDA Number, if applica~e
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity b, Individuals Performing Services rnduding address if
(if individual, last name, first name, M!); different from No. ioa) (last name, first name, MI);
(attach Conanuadon Sheet(s) if necessary)
11. Amount of Payment check all that apply); 13. Type of Payment (check all that apply)
S ❑ actual ❑ planned a. retainer
b. onetime fee 12. Form of Payment (check all that apply): c, commission
a. cash d. con~ngent fee
b. in•kind; specify; nature e, deferred value f. other, specify:
i4. Brief Description of Services Performed or to be performed and Date~s~ of Service, including officers),
empioyee~sj, or members) contacted, for Payment Indicated in Item 11:
(attach Continua~on Sheet(s) if neccessary)
15. Continuation Sheet(s~ attached: Yes ❑ No ❑
16. Intom~tion regtrested through ttus form is auti~orized by Titre 31 U.S.C. Sec~on Signature;
1352, This disclosure of lobbying activities is a material representation of fad upon which reliance was placed by tine tier above when ttHS transaction was Print Name;
made or er>tered Ito. Triis disclosure is required pursuant to 31 U.S.C.135Z, Thiss iniorrriatbn wig be reported to ~e Congress semi-annually and wig be rtle:
available for public ~spedbn. Any person who fails to the tiro regctred dsdosure
shah be shed to a civvil penalty of not less than $10,000 and not more than Telephone No.. Date; s100~000 for each such failure.
Federal u~ ~ Authorized for local Reproduction Standard Form •111
Standard Form 111 Rev. 01.03.95
PR 14 Page 12.85
February 1,1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment G PS&E Checklist instructions
INSTRUCTIONS FOR COMPLETION OF SF-LLL, -DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal
recipient, at the initiation or receipt of covered Federal action or a material change to previous filing
pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to
make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress an officer.or employee of Congress or an employee of a Member of Congress
~n connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change
report. Refer to the implementing guidance published by the Office of Management and Budget for
additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a
material change to the information previously reported, enter the year and quarter in which the
change occurred. Enter.the date of the last, previously submitted report by this reporting entity for
this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional
District if known. Check the appropriate classification of the reporting entity that designates if it is
or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address,
city, State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organization level below agency name, if known. For example, Department of Transportation,
United States Coast Guard. 7. Enter the Federal program name or description' for the covered Federal action (item 1). If known,
..enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification
in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant
announcement number, the contract grant. or loan award number, the application/proposal control
number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount. of the award/loan commitments for the prime entity identif ed in
item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the
reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different
from 10 (a). Enter Last Name, First Name and Middle Initia! (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity
(item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or
will be made (planned). Check all boxes that apply. If this is a material change report, enter the
cumulative amount of payment made or planned to be made.
12. Check the .appropriate box(es). Check all boxes that apply. If payment is made through an in-kind
contr~but~on, specify the nature and value of the ~n-kind payment.
13. Check the appropriate box(es). Check ail boxes that apply. If other, specify nature.
° 1 ~-8b
i 1998 PR 15 "I!?' ~y ,
Local Assistance Procedures Manual EXHIBIT 11-E
PS&E Checklist Instructions Attachment G
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be
expected to perform and the date(s) of any services rendered. Include all preparatory and .related activity not just time spent in actual contact with Federal officials. Identify the Federal officers} or
employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached:
1 b. The certifying official shall sign and date the form, print hislher name title and telephone number.
Public reporting burden for this collection of information is estimated to average 34 minutes per response,
including time for reviewing instruction, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,
to the Office of Management and Budget, Paperwork. Reduction Project (0348-004b}, Washington, D.C.
20503. SF•LLL•[nsnucbons Rev. 06.04.90«ENDIF»
PR 16 Page 12-87
February 1,1998
AGREEMENT N0.
CONSTRUCTION PROJECTS AGREEMENT
THIS AGREEMENTis madeand entered intoon , by and between
the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and
a California Cor oration Hawaii Cor oration Delaware Cor oration Individual etc.
("CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well
qualified in the field of construction; and
WHEREAS, CITY desires to employ CONTRACTOR to
("Project" herein), asset forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in general,
of Installation of Conduit, pull boxes, conductor cable, modems, detectors, removal and
construction of concrete sidewalk and lacement of as halt concrete. Project" herein .
N N > > The scope of work shall include all items and procedures necessary to properlycnmplete
the task CONTRACTOR has been hired to perform, whether specificall included in the
Y scope of work or not.
The ,following shall be deemed to be part of this a reement as if full set forth g Y
-herein:
A. Notice to Contractors
B. Special Provisions
C. Bid Proposal
D. Bidder's .Bond
E. Performance Bond
F. Material and Labor Bond
G. Letters of transmittal, if any
H. All provisions required by law to be inserted in this contract whether
actually inserted or not.
I. Current State of California DAS 140 Form
(if required by Specifications)
2. COMPENSATION. Compensation for all work, services or products called
CONSTRUCTION PROJECTS AGREEMENT
P:1TruxtunlletterslNEWConstructionProjectsAgreement.wpd --September 17,1999 S-~
for under this Agreement shall consist of a total payment of
Dollars ~ which shall be paid as follows:
The compensation set forth in this section shall be the total compensation under this
Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall a
p Y only the compensation listed unless otherwise agreed to in writing by the parties. A ten
percent (10%~ retention shall be withheld from payments to CONTRACTOR by CITY. The
ten percent (10%) retention required by the Bakersfield Municipal Code shall be released
after the appropriate statutes have expired and all liens and stop payment notices have
been cleared.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered in accordance with the Special Provisions applicable to this Project.
4. WAIVER OF DEFAULT. The failure of any partyto enforce against another
a provision of this Agreement shall not constitute a waiver of that art 's ri ht to enforce
p Y g such a provision at a later time, and shall not serve to vary the terms of this Agreement.
5. LICENSES. CONTRACTOR shall, at its sole cost and expense, kee in
p effect or obtain at all times during the term of this Agreement any licenses, permits and
approvals which are legally required for CONTRACTOR to practice its profession.
fi. STANDARD OF PERFORMANCE. All work shall be erformed in . p
conformity with all legal requirements and industry standards observed by a competent
practitioner of-the profession in California.
7. MERGER AND MODIFICATION. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or written re resentations. - p,
Thais contract may be modified only in a wntrng approved by the City Council and signed
by all the parties. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications setforth in this Agreement and those in exhibits attached hereto the terms
conditions, or specif ications set forth _inthis Agreement sha11 prevail. All exhibits to which
reference is made in this Agreement are deemed incor orated in this A reement whether p g ,
or not actually attached.
8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and
Federal authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growin out of this g
Agreement all Municipal ordinances and State and Federal statutes, rules or regulations
now in force or which may hereafter be in force.
9. INDEPENDENT CONTRACTOR. This Agreement calls forthe performance
of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not
CONSTRUCTION PROJECTS AGREEMENT
P:ITruxtunlletterslNEWConstructionProjectsAgreement.wpd
--September 17,1999 S-2
an agent oremployee of the CITYfor any purpose and is not entitled to any ofthe benefits
provided by CITY to its employees. This Agreement shall not be construed as forming a
partnership orany otherassociation with CONTRACTOR otherthan that of an independent
contractor.
10. INSURANCE and BONDS. In addition to any other insurance or bond
required under this Agreement, the CONTRACTOR shall procure and maintain for the
duration of this Agreement the following types and limits of .insurance ("basic insurance
requirements") herein:
10.1 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more
persons, property damage and personal injury, with limits of not less
than One Million Dollars ($1,000,000) per occurrence; and the policy
shall:
10.1.1 Provide coverage for owned, non-owned and -hired
autos.
10.1.2 Provide contractual liability coverage for the terms of
this Agreement.
10.2 Broad form commercial general liability insurance, providing
coverage on an occurrence basis for bodily injury, including death, of
one or more persons, property damage and personal injury, with limits
of not less than One Million Dollars ($1,000,000) per occurrence; and
the policy shall:
10.2.1 Provide contractual liability coverage for the terms of
this Agreement.
10.2.2 Contain an additional insured endorsement in favor of
the City, its mayor, council, officers, agents, employees
and volunteers.
10.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million
Dollars ($1,000,000) per accident; and the policy shall contain a
waiver of subrogation endorsement in favor of~the City, its mayor,
council, officers, agents, employees and volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its
mayor, council, officers, agents, 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
CONSTRUCTION PROJECTS AGREEMENT P:ITruxtunlletterslNEWConstructionProjectsAgreement.wpd
--September 17,1999 S-3
it.
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. An
. Y deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain t es
. YP of insurance otherwise required bythis Agreement, or insurance rated below Bests' A:VII,
must be declared prior to execution of this Agreement and approved by the CITY in writin .
g
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 recove on an
ry Y 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 and bonds -required. The CITY ma
. Y withdraw its offer of contract if certificates of insurance and endorsements and bonds
required have not been provided as required by the Special Provisions.
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 b , Y
or on behalf of, all subcontractors even if the CITY has approved lesser insurance
requirements for CONTRACTOR.
CONTRACTOR shall provide performance, labo-rand material bonds in amounts and in
a form suitable to the CITY. CITY shall ap rove in writin ail such securit instruments p g Y
priorto the commencement of work on the Project.
11. INDEMNITY. CONTRACTOR shall indemnif ,defend, and hold harmless Y
CITY, its officers, agents and employees against any and all liability, claims, actions,
causes of action or demands whatsoever against them, or an of them, before Y .
administrative or~udicial tribunals of any kind whatsoever, ansing out of, connected with,
or caused by CONTRACTOR, CONTRACTOR's employees, agents or inde endent . p
contractors orcompanies in the performance of, or in anyway arising from, the terms and
provisions of this Agreement whether or not caused in art b a art indemnified p Y p Y
hereunder, except as limited by California Civil Code Section 2182.
12. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
notices or liens to be filed on the project herein, and shall pay all costs and fees to CITY,
including without limitation attorney's fees, incurred by CITY because of the filing of an . Y
such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may
withhold from anyfunds held byClTYconcerning the project herein amounts sufficientto
-cover costs and fees, including without limitation attorney's fees, incurred by CITY because
of the filing of any stop notice, lien, or legal action relating thereto.
CONSTRUCTION PROJECTS AGREEMENT P:ITruxtunlletterslNEWConstructionProjectsAgreement.wpd
--September 17,1999 S-4
13. EXECUTION. This Agreement is effective upon execution. It is the roduct
p of negotiation and all parties are equally responsible for authorshi of this A reement.
. p g Section 1654 of the California Civil Code shall not apply to the inter retation of this
p Agreement.
14. NOTICES. All notices relativetothisAgreementshall begiven in writin and
g shall be personally served or sent by certified or registered mail and be effective u on
. p actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
(805) 326-3124
CONTRACTOR:
15. ~ FORUM. Any lawsuit pertaining to any matterarising under, orgrowin
. g out of, this contract shall be instituted in Kern County, California.
16. ASSIGNMENT. This contract shall not be assigned by any party, oran
. Y party substituted, without prior written consent of all the. parties.
17. BINDING EFFECT. The rights and obligations ofthisAgreementshall inure
to the benefit of, and be binding upon, the parties to the contract and their heirs
administrators, executors, personal representatives, successors .and assi ns and
. g , wheneverthe context so requires, the masculine gender includes the feminine and neuter,
and the singular number includes the plural. This Agreement ma be executed in an Y Y
number of counterparts, each of which shall be considered as an original and be effective
as such.
18. TITLE TO DOCUMENTS. All documents, plans, and drawings, ma s, p
photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant
to the terms of this Agreement, shall, upon preparation, become the property of the CITY.
19. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation pertaining to all costs incurred in
performance of this Agreement. Such records and documentation shall be ke t at
. p CONTRACTOR s office during the term of this Agreement, anal for a period of three 3
CONSTRUCTION PROJECTS AGREEMENT
P:1TruxtunlletterslNEWConstructionProjectsAgreement.wpd
--September 17,1999 S-5
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.
20. CORPORATE AUTHORITY. Each individual executing this Agreement
represents and warrants they are duly authorized to execute and deliver this Agreement
on behalf of the corporation or organization, if any, named herein and this Agreement is
binding upon said corporation or organization in accordance with its terms.
21. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
. CONTRACTOR is a corporation? Yes_ No_
Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By: gy;
BOB PRICE
Mayor Title:
APPROVED AS T0~ FORM:
BART J. TH I LTG E N
City Attorney
By' .
MORE SIGNATURES ON FOLLOWING PAGE
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By~
RAUL ROJAS
Public Works Director
CONSTRUCTION PROJECTS AGREEMENT
P:1TruxtunlletterslNEWConstructionProjectsAgreement.wpd
--September 17,1999 S-6
COUNTERSIGNED:
By.
GREGORY KLIMKO
Finance Director
Attachment -Exhibit "A"
CONSTRUCTION PROJECTS AGREEMENT P:1TruxtunlletterslNEWConstructionProjectsAgreement.wpd
--September 17,1999 S-7
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern,
State of California, a municipal corporation, hereinafter designated the "Owner," has on Date of Award ,1999, awarded
to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Traffic Signal
Interconnect installation on Truxtun Avenue: H Street to Oak Street ;and
WHEREAS, said Principal is required under the terms of said contract; and
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company__, as Suret ,are held and Y
firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meetin~_Dollars
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, .conditions, and agreements in the said contract and any alterations made as therein provided, on
his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according
to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and
Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as
shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold
good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and
satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period
of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty
workmanship in the prosecution of the -work done, the above obligation in the said amount shall remain in full force and
effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the Surety hereunder shall
continue so long as any obligation of the Principal remains.
And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall,
in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day
of ,19 ,the name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal)
Principal
Signature for Principal, Title
(Seal)
Surety
Surety Address ~ Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
S-8
MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter
designated the "Owner," has, on Date_of Council Meeting , 19 ,awarded to Name of Contractor
a organized and doing business under and by virtue of the laws of the State of California,
hereinafter designated as the "Principal," a contract for Traffic Signal Interconnect Installation on Truxtun Avenue• H
Street to Oak Street; and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal,
or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner the penal sum of One hundred percent (100%) of the total amount pa ay ble by the terms
of the contract when the total amount payable does not equal or exceed five million dollars ($5,000,000); Fifty percent
(50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million
dollars and does not exceed ten million dollars ($10,000,000); Twent -five percent (25%) of the total amount pa~ble
by the terms of the contract when the total amount payable exceeds ten million dollars ($10,000,000 00) Dollars
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,
successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under
.the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due,
or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect
to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State
of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing
said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies
both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay
the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court.
This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 318 1,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby- stipulates and agrees that no change, extension of time, alteration, or addition
of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall,
in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration,
or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions
of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day
of , 19 ,the name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) Principal
Signature for Principal, Title
(Seal)
Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
S-9
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION (To be completed by the Contractor, if he elects to substitute securities in lieu of retention)
THIS ESCROW AGREEMENT is made and entered into by and between:
whose address is
hereinafter called "Owner,"
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree
as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the o lion to de osit
P P securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant
to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated
(hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the
Escrow Agent shall notify the Owner within ten (l o) days of the deposit. The market value of the securities at the time
of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of
the Contract between the Owner and Contractor. Securities shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be .withheld from
.progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and
amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the
Owner until such time as the escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administerin the escrow g
account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to
time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice
to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the
withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days
written notice to the Escrow Agent .from the Owner of the default, the Escrow Agent shall immediately convert the
securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor
all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed
5-10
immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6),
inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor
in connection with the foregoing, and exemplars of their respective signatures, are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed
counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor:
Title Title
Name Name
Signature Signature
5-11
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2°a Floor
1501 Truxtun Avenue
F~ Bakersfield, California 93301
In accordance with the terms of the Contract for: TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON TRUXTUN AVENUE; H STREET TO OAK STREET Contract No. awarded on ,between
the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for
and other facilities and under which contract the
undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or
materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials
which may prove defective in workmanship or materials within a period of one (1) year from the date of acceptance of
the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace,
at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, orthe agent of either
of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work
necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the
event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's
representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and
pay the cost and charges therefor upon demand.
This guarantee is made expressly for and tuns to the benefit of both the City of the above mentioned construction project and
the City's representative, and shall be enforceable by either of them,
Dated
Contractor's Name
Authorized Signature
?a
S-12
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2°a Floor
1501 Truxtun Avenue 'f
Bakersfield, California 93301
In accordance with the terms of the Contract for: TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON TRUXTUN AVENUE: H STREET TO OAK STREET Contract No. awarded on ,between the
City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for
and under which contract the undersigned has
furnished and installed such system, the following guarantee of the said system is hereby made:
Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part
thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which said
contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in
restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials
replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost
to the City, so that they will operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done
by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option
to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned,
the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence
to be furnished and installed within twenty-four (24) hours of the date specified in the City's written notification. Contractor. shall prosecute with due. diligence to complete the work within a reasonable period of time, as specifi ed in the
City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period
of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally
intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract.
Dated
Contractor's Name
Authorized Signature
5-13
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