HomeMy WebLinkAbout1999 Special Provisions Project T9K034i
CITY OF BAKERSFIELD
Pi
CALIFORNIA
NOTICE TO CONTRACTORS
. SPECIAL PROVISIONS
BID PROPOSAL AND_ CONTRACT
FOR
- TRAFFIC SIGNAL INTERCONNECT IN STALLATION
ON
TRUXTUN AVENUE: N STREET TO BEALE AVENUE
BID OPENING:
DATE: MAY 12,1999
TIME: 11:00 A.M.
PROJECT NO.: T9K034
FEDERAL PROJECT N0. CML-5109(0401
CITY OF BAKERSFIELD
i PUBLIC WORKS DEPARTMENT
;z1 ANNEX BUILDING, 2ND FLOOR ~QF~~I .
i ~ @ 1501 TRUXTUN AVENUE ~ti j~
BAKERSFIELD, CA 93301
Pro'ect En ineer: R ~ ~ ~ ~ g ohert L. Tahlit ~ .
TELEPHONE: (805) 32b-3996 ~ ~
c:Irltlt6kU531truxint.spc.wpd
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TABLE OF CONTENTS .
NOTICE TO CONTRACTORS .
1
SPECIAL PROVISIONS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~
4
SECTION 1 -DEFINITIONS AND TERMS . . . . . . . . . 4
1-1.01 General 1-1.02 ' ' ' 4
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 6
2-1.07 Required Listing of Proposed Subcontractors . . . . . . . . . . 6
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 Bidders .
6 2-1,13 Disqualification of Bidders 7
2-1.14 Federal Lobbying Restrictions . . . . . . . . . . . . . . . , , ,
2-1.15 Disadvantaged Business . 7
2-1.17 DBE Goal for this Project99 . .9
SECTION 3 -AWARD AND EXECUTION OF CONTRACT , , , , , , , , , , , , , , , , , , , ,
10
3-1.01 General .
10 3-1.02 Award of Contract . 10
3-1.03 Contract Bonds 1 0
3-l. ' 04 Execution of Contract 10 3-1.05 Return of Bidder's Guarantees,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
10
SECTION 3-2 SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION
OF CONTRACT
3-2.01 General 11
3-2,Ola DBE Information 11
3-2.01 b Award of Contract 12 3-2.02 Performance of DBE Subcontractors and Suppliers , , , , , , , , , , , , , , , , , , , 12
3-2.03 DBE Records 12
3-2.04 Subcontracting 13
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LI QUIDATED DAMAGES . .
4-1.01 General 14
SECTION 5-GENERAL
15
5-1.01 State Contract Act Not Applicable 15
i
7-1.17 Splice Vaults ~ . 28 7-1.18 Traffic Signal Interconnect . . . . . . . . .
29 7-1.19 Detectors .
30 7-1.20 Testing .
7-1.21 • • . • 30 Guarantee
30 7-1.22 Payment
30 Detector Specifications 8040-41 A-15
PROPOSAL (Yellow Pages) . ~
Proposal Form Pt? I
31
Bidder's Bond ~ 34 ~ ~
Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification .
Certificate of Assurance with Regard to Participating by Disadvantaged Businesses in Subcontractin g 37 P~'~
Noncollusion Affidavit ~
. 38 Local Agency Bidder-DBE Information . . . . . . . . . . ~
~
Good Faith Effort Statement of DBEIWBE Participation , , , , , , , , , , , , , , , , , , , , , , , , , ,
Equal Employment OpportunityCerti~cation
P~ ~ Z Disclosure of Lobbying Activities . . . . . . . . . . . . . . . . .
SAMPLE CONTRACT
Independent Contractor's Agreement . . . . . . . . . . . . . . . , , , • ~ -1 39-43 - ~
Faithful Performance Bond . ~
Material and ' ' ' .Labor Bond 4b ~ - d Escrow Agreement for Security Deposits in Lieu of Retention . . . . . . . . . , , ~ - ~
Guarantee -Material and Workmanshi , , , , , , , ' ' 48 I
~ p 51 l3 Guarantee -Equipment ~ . .
52 ~1 y-
111
CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasin Offi
Truxtun Avenue, Bakersfteld, California Until 11: g cer, City Hall, 1501 00 o clock A.M. on Mav 12, 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: N STREET TO BEALE AVENUE
Plans and speciftcations, and forms of proposal, bonds, and contract, may be obtained at the offtce of the Pur '
Officer by postin a refundable de osit of ZERO chasing g p ($0.00) for each complete set. Refund of deposit will be made provided
the plans and speciftcations are returned to the Purchasing Officer within twenty-one (21) da s from date of bid '
and the documents are in reasonable ood condition. The Ci y opening g ty assumes no responsibility for non-receipt of bids due to any
delay, including but not lunrted to carver delay. It is the bidder's responsibility to meet the deadline stated abov e.
No bid will be considered unless it is made on a proposal form furnished b the Purchasin Offtcer
immediatel followin the SPECIAL P Y g ,which appears herein
Y g ROVISIONS 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 Guarant " of the Standard Speciftcations; Y '
b. Bidder's Bond;
c. Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certiftcation;
d. Certiftcate of Assurance with Regard to Participation b Disadvanta ed Businesse ' Y g sin Subcontracting,
e. Noncollusion Affidavit;
f. Local Agency Bidder-DBE Information
g. Good Faith. Effort Statement of DBE Participation, (If goal not met}
h. Disclosure of Lobbying Activities Form.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described her '
ein.
Substitution of securities for moneys retained to ensure performance shall be permitted ursuant to the rovisions an
requirements of Public Contracts Code 22300. Eli ible sec ' ' p p d g unties include interest bearing demand deposit accounts,
standby letters of credit, or any other security agreed to by the Contractor and the Cit of Bakersfteld. Th Y e request for
substitution of securities to be deposited shall be submitted on the form entitled Escrow a reement for Securit De osi in Lieu of Retention", included in the back of these s ecial rov' ' g Y p is
p p isions.
The Contractor must possess a valid Class A or C-10 Contractor's License at the time this contract is awarded.
The proposed work shall be done in accordance with the Standard Speciftcations of the De artment of Trans ortation
Business, Transportation and Housin A enc dated Jul 199 p p g g Y, y, 2, insofar as the same may apply.
l
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 Cit fora royal. If
Y PP approved, the changes will be issued to all prospective contractors. Contractor shall not be allowed to alter or ne otiat
contract language after the acceptance of Contractor's ro sal. Failure to execu g e P Po to the contract without alteration may
result in the rejection of the Contractor's proposal and the retaining of a different contractor b the Cit .
Y Y
2
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installation of conduit, ull boxes s 1'
modems, and traffic loop detectors. p ~ p ice vaults, conductor cable,
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
3
CITY OF BAKERSFIELD, CALIFORNIA F
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1. DEFINITIONS AND TERMS
1-1-.O1 GENERAL. This work embraced herein shall be done in accordance with the Stands
Specifications entitled "State of California, De artment of Trans rd
P portation, Standard Specifications, July, 1992," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to
Specifications, and in accordance with the followin • • as the Standard g special provisions.
In case of conflict between the Standard Specifications and theses cial rovisions the s ' ' shall take precedence over and be used in lieu of such ~ P ~ pedal provisions
conflicting portions.
1-1.02 DEFINITIONS AND TERMS, All definitions and terms in Sections 1 "Definitions "
the Standard Specifications shall apply, exce t whenever the f ~ and Terms, of P ollowing 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 Ci of Bakersfi
tY eld.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properl authorized a ents suc
acting within the sco of the articular duti Y g ~ h agents Pe P es entrusted to them.
Laboratory -The designated laboratory authorized b the Ci to test m
Y tY aterials and work involved in the contract.
Standard Specifications -Standard Specifications of the De artment of Trans o '
P p rtation, Business, Transportation and Housing Agency, dated July, .1992.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The rovisions of '
apply to this contract. P this act do not
Other terms appearing in the Standard Specifications, the general provisions, and the s ecial rovisi
shall have the intent and meanings cified in Section 1 De ' ' P P ons, Pe fin~tion of Terms of the Standard Specifications.
4
SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the Cit of Bakersfield ' Y ,California, will receive at her
office, City Hall, 1501 Truxtun Avenue, in said City, unti111:00 o'clock A.M, on Ma 12 .199 v 9 sealed proposals for;
TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON TRUXTUN AVENUE: N STREET TO BEALE AVENUE
The bidder's attention is directed to the provisions in Section 2, "Proposal Re uirements and C "
q onditions, of the Standard Specifications and -these special provisions for the requirements and conditions which the bidder m
of the proposal form and the submission of th • • ust observe in the preparation e bid. In addition to the subcontractors required to be listed in accordance with
Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard S cifications each r therein the name and address of each DBE su ~ ~ P oposal shall have listed
bontractor to be used for credit in meeting the goals, and to whom the bidder proposes to directly subcontract portions of the work. The list of subcontractors shall also set forth the onion of work
will be done by each subcontractor listed. A sheet for listin the subcon r p that
g t actors is included in the Proposal.
The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Pro sal Guar "
Specifications will be found followin the si nature a p° antY, of the Standard g g p ge of the Proposal. In accordance with Public Contract Code Section
7106,. a Noncollusion Affidavit is included in the Proposal. Signing the Pro osal shall also constitu ' P to signature of the Noncollusion Affidavit.
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the uan i '
q t ties 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 Ci of Bak
expressly or by implication a ree that the actual amount tY ersfield does not g 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 be dee
expedient by the Engineer. Y med necessary or
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISI
ONS, AND SITE OF WORK, The bidder is required to examine carefiilly the site of work, the proposal, plans ands cifications and contra '
assumed that the bidder has rformed said examinati ~ ~ ct forms. It will be Pe on, 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 re uirements of
,the special- provisions, and the contract. It is mutuall q the specifications, y 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
Proposals ma be re'ected if the show OR IRREGULARITIES. Y J y any alterations of form, additions not called for, conditional or alternative bids,
incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviousl are unbalanced ma '
Y y be refected.
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 Pur '
form of which appears herein immediatel followin chasing Officer, the
y g these special provisions. All proposals must give the prices proposed and must be signed by the bidder, with his address. If the pro sal is made b an indivi '
1~ y dual, 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 mem
ber 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, secreta and treasur rY er.
The Contractor shall submit bids for the base bid plus the Additive Alternate 1 bid items. However, the award of the contract shall be based solely on the Total Base Bid. Either the base bid, or base bid lus the Additive Alterna '
option will be considered for award. The Additive Alternate 1 bi p to 1 bid
d is subfect to the review and acceptance or refection by the County of Kern.
Final determination to accept the base bid only or base bid lus the Additive Alternat P e 1 bid shall be made by
the City of Bakersfield.
5
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 an
from bidding upon, or being awarded, a public works or services contr ~ Y person
act with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or an artner, member officer
director, responsible mans in officer or res nsibl Y p ' g g po a managing employee thereof, has been convicted by a court
of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or an other act in violation
of any state or federal antitrust law in connection with th y e 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 includin for the purposes of this article, the Regents of the Universi of California or the T ' g
tY rustees 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 erson nor an
subcontractor to be engaged by the rson has been convicted of an p y Pe y 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 ro sal. P l~ .
2-1.13 DISQUALIFICATION OF BIDDERS. More than one ro sal fr '
p po om an mdiv~dual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable rounds for believin that
individual, firm, partnershi , co oration or combination g g any P rP thereof is interested in more than one proposal for the work
contemplated may cause the rejection of all proposals in which such individual, firm, partnershi , co ration or combin '
thereof is interested. If there is reason for believin that c p anon g ollusion exists among the bidders any or all proposals .may be
rejected. Proposals in which the prices obviously are unbalanced may be rejected.
2-1.14 FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 1352, -Title 31 United Sta ' '
tes Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to to
pay for any person .:for influencing or attempting to influence a Federal a enc or Con ress in conne g Y g coon with the awarding of any Federal-aid
contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid con tract, the
recipient shall submit an executed certification and, if required, submit a completed disclosure form as art f p o the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal a enc is included in
Proposal. Standard Form is also included in the Pro sal. Si n' g Y the po g ing the Proposal shall constitute signature of the Certification.
The above referenced certification and .disclosure of lobbying activities shall be included in each subcontract and an low r- '
contracts exceeding $100,000, All disclosure forms, .but not certifications Y e tier shall be forwarded from tier to tier until received by the .Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar u
q arter in which there occurs any event that requires disclosure or that materially affects the accurac of the information
in any disclosure form previousl filed b the Contractor Y contained Y Y ,subcontractors and any lower-tier contractors. An event that
materially affects the accuracy of the information reported includes:
(1) A cumulative increase if $25, 000 or more in the amount aid or ex ected to be aid f ' P P p or influencing or attempting to influence a covered Federal action; or
(2} A change in the persons}, employees(s), or Member(s) contacted to influence or attem t to influence a
covered Federal Action. p
(3) A change in the officer(s), employees(s), or Members(s) contacted to influence or attem t to influence a
.covered Federal Action. p
2-1.15 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 Re ulations in their
entirety are incorporated herein by this reference. g
7
2-1.16 DBE GOAL FOR THIS PROJECT. The Department has established the followin oal for
disadvantaged businesses (DBE) participation for this ro'ect. g g PJ
DISADVANTAGED BUSINESS (DBE) ten percent (10%).
It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and su Tiers and to select
those portions of the work or material needs consistent with the av ' PP ailable 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 subcontractin or
su 1 in materials: g
PP Y g
TRIAXLE MANAGEMENT SERVICES, INC. -LOS ANGELES
2594 Industry Way, Suite 101-A
Lynwood, CA 90262
Telephone: (310) 537-6677
FAX. N0. (310) 637-0128
Bidders may utilize the services of this organization to contact interested DBE's.
9
SECTION 3-2 SUBMISSION OF DBE INFORMATION t
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 Contrac "
Standard Specifications and these special rovisions for the re uirements t , of the P q and conditions concerning submittal of DBE information,
award, and execution of contract.
The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER -DBE INFORMATION" form included
in the proposal. If such DBE information is not submitted with the bid, the DBE information form shall be removed from docume
nts 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, rior to biddin the bidder made good. faith efforts to do so. P g'
3-2.OlA DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful bidder low bid
the second low bidder and the third low bidder shall submit D ( der} BE information to the office at which bids were .received so the
information is received by the Department no later than close of business on the fourth day, not including Sahuda s, Sunda and le al holidays, following the bid opening. DBE information sent b certified mail and stmarked on y y g
Y Po 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 da '
y following bid opening. Failure to submit the required DBE information by the time specified will be grounds for findin the bid or ro sal
non-responsive. Other bidders need not submit DBE information unless re nested to do so g P ~ q 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 ' authorized..by the Department. ~ a later tune is
The bidders DBE information shall establish that the DBE goal will be met or that a ood faith effo g rt to meet the goal has been made.
Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the
event the Department, in its review, finds that the goal has not been met.
The information to show that the DBE goal will be met shall include the names of DBE's and DBE 'oint venture artn
with a complete description of work or su lies to be rovided b ea h ~ P ers to be used, PP P y c 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 whom the bidder proposes to directly subcontract portions of the work
are to be named in the bid. See section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard S cifications and
Section 2-1.01 of these special provisions, regarding listin of ro sed subcontractors. ~ g P Po )
The information necessary to establish the bidder's good faith efforts to meet the DBE oal should in
g clude.
(1) The names and dates of advertisement of each newspaper, trade paper, and minorit -focus a r in which Y P~
a request for DBE participation for this project was placed by the bidder;
(2)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.
(3) 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.
(4) The names of DBE's who submitted bids which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion
11
3-2.04 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontractin Specifications, Section 2, "Pro sal Re uirements and g, of the Standard
f, Po q Conditions," Section 3-2, "Submission of DBE lnformation, 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 erform with his own or '
contract work amountin to not less than ftft ercent P ganization g y p (50%) of the original contract price is not changed by the Federal Aid
requirement specified under Required Contract Provisions Federal-Aid Construction Contracts", in Section 6-2 of th ese special
provisions that the Contractor perform not less than thirty percent (30%) of the on final contract work wi g th his own
organization.
Each subcontract and any lower tier subcontract that ma in turn be made shall include h
Y t e Required Contract Provisions Federal-Aid Construction Contracts", FORM .1273 Exhibit 12-3 incorporated in these special rovisions. This re uir
P q ement shall be enforced as follows:
Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from ro ress Pg
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 s eci ' ' '
p al provisions is in addition to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting", and Section 2-1.07 "Re wired
Listing of Proposed Subcontractors", of these special rovisions. ~ q P
In accordance with. the Federal MBE regulations Section 23.45(f)(2} Part. 23, Title 49 CFR~
(1) No substitution of a DBE subcontractor shall be made at an time without the written c
Y onsent of the Department, and ,
(2) ~ If a DBE subcontractor is unable to perform successful) and is to be re lac ' Y p ed, the contractor will be
required to make good faith efforts to replace the original DBE subcontractor with another DBE
subcontractor.
The requirement in Section 2-1.15(H), "Disadvantaged Business", of these s ecial rovisions that DBE's must '
P P be certified on the date bids are opened does not apply to DBE substitutions after award of the contract.
13
SECTION 5. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40 "S
"Arbitration," of the Standard S cifications ar tate Contract Act, and 9-1.10,
Pe a deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Speciftcations in the performance of the work call '
be construed as an election b the Ci to r ed for in this contract shall not Y ty p oceed under Section 20396 of the Public Contract Code. In the event that a dis ute
arises between the, parties, they are not obligated to submit the matter to arbitration in an form P
written agreement). Y (although they may do so upon
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceed'
of $10,000 or which, together with all other previously approved than a orders for that con ing an amount
g tract exceeds twenty ftve percent (25 of the original contract amount, must be authorized by the Cit Council.
Y
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section S "
OF WORK," of the Standard Speciftcations and these s ecial ,CONTROL p provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended b addin th ' paragraph after the fourth paragraph: Y g e following
Working drawings or plans for any structure not included in the laps furnished b the En '
P y gineer shall be approved by the Engineer before any work involving these plans shall be performed, unless a roval is waived ' ' '
by the Engineer. PP in writing
Section 5-1.07 "Lines and Grades" of the Standard S cifcations is amende ' ~ d by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slo must be used in c
Pe ommon, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be re orted to the En ine
discrepancy is not reported to the En ineer the Con P g er. If such a g tractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the S tandard Specifications is amended to read.
When the Contractor requires such stakes or marks, he shall noti the En ' ~ •
fy gineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event sh
a notice of less than 24 hours be considered a reasonable ~ all length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by addin the followin ar the ftrst paragraph: g g p agraph after
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 En in '
g eer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter l of Part 7 of Division 2 of the Labor Code c '
with Section 1720),. Contractor agrees that in rformin said Commencing Pe g work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor sh
the name and actual hours worked for all all keep an accurate record showing 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 holida and overtime to al
in the construction of this pro'ect. The revailin rate f Y 1 workers employed J P g or each craft, classification or type of work is determined by the Director
of the California Department of Industrial Relations, and his schedule of revailin rates is on f ' P g ile and available for inspection
in the Public Works Department. The schedule is incorporated herein by this reference. The Ci shall h payroll records during normal workin hours and sh tY ave the right to inspect
g all 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 ri t to investi ate conform • '
~ g ante with the wage provisions
15
Nothing in this section shall be construed to impose tort liability on the awardin bod or an g y y of its employees.
v The terms "Public Works" and "Awarding Body," as used in this section, shall have the
Labor Code Sections 1720 and 1722 res ectivel . same meaning as in
P Y
5-1.09 SOUND CON'T'ROL REQUIREMENTS. Sound control shall conform to the provisions in Section
7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these s ecial rovi ' p p sions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M, and 6:00 A. exceed 86 dbA at a distance of 50 feet. This re uirement in no wa M•, shall not
q y relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equi ment on the 'ob or related ' P ~ to the fob, including but not limited
to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of 1 '
shall be avoided in favor of li ht warnin s exce t those re u'r oud sound signals g g p q i ed by safety laws for the protection of personnel.
,Full compensation for conforming to the requirements of this section shall be considered as included ' prices paid for the various contract items of work involved and no additional c m the
ompensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses a all
and fees, and give all notices necessary and incidental to the due and lawful ~ P Y charges prosecution of the work from any and all governmental
organization which require. such permits, licenses or fees. The Contractor shall rocure a business li ' P tense m the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4: M__onda~ou Frida . Any deviations must be re nested and in wri ' 30 P.M.
q tmg and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction En ineer is re wired for w
g q ork beyond these limits. Any ,time. work proceeds, which requires ins ion services for mor
'le al holida s or week ~ e than a 91/2 hour work day, or on g y ends, the Contractor will be charged for all associated overtime charges and said char es ma be wi
from contract retention. g y thheld
5-1.12 LAWS TO BE OBSERVED. The Contractor shall kee him • future State and National laws and all P self fully Informed of all existing and 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 an w
the work, and of all such orders and decrees of bodi Y ay affect the conduct of es or tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence wo '
he has obtained all insurance: re wired under this se ' rk under this contract until q coon 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 Con r
t actor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and a roved b the Ci Risk
Works Department. Contractor shall be res nsibl PP Y ty Manager and the Public
po a for any deductibles under all required insurance policies.
5-1.13A INDEMNITY. Contractor shall indemnify, defend, and hold harmless Ci its officers
.and employees against an and all liabilit clai ty~ ,agents, Y y, ms, actions, cause of action or demands whatsoever against
..them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arisin out of corn
with, or caused by CONTRACTOR,. CONTRACTOR's em ~ g ~ ected ployees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this A reement whether
caused in part by a party indemnified hereunder exce t as ' ~ g. or not
p limited by California Civil Code #2782.
5-1.13B INSURANCE. In addition to any other insurance or bond re uir q ed under this Agreement, the
CONTRACTOR shall procure and maintain for the duration of this Agreement the followin es and li '
of insurance ("basic insurance re uirements" herein• g tyP mats q }
a. Automobile liability insurance, providing coverage on an occurrence basis for bodil in'u , includin
death, of one or more persons, ro llama e and r Y ~ ~ g
P l~rtY g pe sonal m~ury, with lunits of not less than one
17
of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. . .
P 5-1.16 RIGHT OF WAY. The right of way for the work to be constructed w'
ill be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area re uired b him '
of right of way unless otherwise rovided in the s ci 9 Y outside of the limits P pe al 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 ro er ualit ' in any other respect to prosecute the work with the dili ence an ~ P P q Y, or has failed
g d force specified and intended m and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to rovide means for a satisf
with the contract, as directed b the En ineer wi P actory compliance Y g thin the tune 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 sus nsion, the Contractors '
said work, or such arts of it as the Ci Council m ~ hall d~scontu~ue P ty ay designate. Uponsuch suspension, the Contractor's control shall terminate,
and thereupon the City Council, or its duly authorized representative; may em to other arties to c th P Y P arty a contract to completion,
employ the necessary workmen, substitute other machinery or materials, -and purchase the materials contracted for i manner as the Engineer may deem ro r; or the Ci Council ma , n such
P Pe ry y annul and cancel the contract and re-let the work or any partthereof. Any excess of cost arising therefrom over and above the contract price will be char ed a ainst the
his sureties, who will be liable therefor. In the v g g Contractor and e ent of such suspension, all money due the Contractor or retained under the
terms of this contract shall be forfeited to the Ciry; but such forfeiture will not release the con
tractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of mone so forfeite
any excess of cost over and above the contract rice arisin fr Y d toward p g om 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 an s lus remainin '
for such completion as determined b the En ' y ~ g after all dust clams y gu'ieer 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 Ci Council shall be bindin n '
ry g o all parties to the contract.
5-1..18 TEMPORARY SUSPENSION OF WORK. The En ineer shall ' g 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 condi ' bons as
are considered unfavorable for the suitable, prosecution of the work, or for such time as he ma deem necessa du failure on the part of the Contractor to ca out orders iven or Y rY~ a to the
~'Y g to perform any provisions of the work, or extra work that maybe done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the w
ork until ordered in writing by the Engineer.
5-1..19 PAYMENTS. Attention is directed to Sections 9-1.06 "Partial Pa e - " yin nts, and 91.07, 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 appl
Y
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or an art of
any certificate for payment, to such extent as ma be necess to .rote Y P Y ary p ct the City from loss due to causes including
but not limited to the following:
a. Defective work not remedied;
j
b. Claims filed or information reasonably indicating probable filing of claims; .
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
19
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materi "
of the Standard Specifications and these special rovisions. ~s' P
At the option of the Engineer, the source of supply of each of the materials shall be a roved b ' before delivery is started and before such material is us PP Y the Engineer
ed in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work
examination as desired by the En ineer. ,for testing or g
All tests of materials furnished by the contractor shall be made in accordance with commonl reco d standards
of national organizations, and such special methods and tests as are rescri Y ~ p bed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or dis sal sites used
by the Contractor to produce or dispose of material for this project shall com 1 with the re uiremen ~
P Y q is m the Standard Specifications ` and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contrac
t 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 fugal inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of bl w'
or other pollution which is no greater than when in their on final condition. o mg dust g
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authori Navin 'urisdicti or from the appropriate pollution control boards and such rmits contain re irem ~ ry gJ on
Pe qu ents which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflictin re irements of thi
provided the permit requirements have been approved by the En ineer. g ~ s section
g
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 co
will be allowed therefor. mpensation
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07 "
of the Standard Specifications, the En ineer ma Certificates of Compliance, g y 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 REQUIREMENT'S, Attention is directed to the "Buy America" re uirements of
the Surface Transportation Assistance Act of 1982 {Section 165 and the Interm q odal Surface Transportation Efficency Act of
1991(ISTEA) Sections 1041(a) and 1048(a}, and the regulations adopted pursuant thereto. In accordance with said 1
regulations, all. manufacturing processes for steel and iron materi aw and als 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 Com fiance" of the
Specifications, shall be furnished for steel materials. The P ~ Standard
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 S
with the exception that pig iron and processed, lletized and reduced iron tates; Pe ore manufactured outside of the United States may
be used in the domestic manufacturing process for such steel and iron materials. The a lication of coatin s such as PP g , epoxy
coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron material s shall
be considered a manufacturing process subject to the "Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Com fiance " of the St
Specifications, shall be furnished for steel and iron materials. P ~ andard The certificates, in addition to certifying that the material comply
with the specifications, shall also specifically certify that all manufacturing proceses for the materials occurred in th
e United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of forei n steel materials if th such materials used does not exceed one-tenth 0.1 % of 1 rcent g e cost of
( ) pe (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 an forei n steel and iron '
Y g prior to incorporating such materials into the work.
21
GENERAL DECISION CA990032 03/12/99 CA32 General Decision Number CA990032
Superseded General Decision No. CA980032
.State: California
Construction Type: BUILDING
DREDGING
HEAVY
. HIGHWAY
County (ies)
KERN
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include
hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include oil
well drilling or water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 03/12/1999
COUNTY (ies)
KERN
ASBE0005B 09/21/1997
Rates Fringes
INSULATOR/ASBESTOS .WORKER
Includes the. application of all. insulating materials, protective .
coverings, coatings, and finishings
to all types of mechanical systems 28.21 7.53.
ASBE0208B 06/01/1996
Rates Fringes ' ASBESTOS REMOVAL WORKER/
HAZARDOUS MATERIAL HANDLER
Includes preparation, wetting, stripping, removal, scrapping,
vacuuming, bagging and disposing
of all. insulation materials from
mechanical systems, whether they. contain asbestos or not 19.70 4.81
BOIL0092F 10/01/1998
Rates Fringes
.BOILERMAKER 28.81 9.81
TUBE WELDER .30.31 9.81
BRCA0004H 05/01/1997
Rates Fringes BRICKLAYER 22.72 6.53
BRCA0005P 11/01/1993 r
Rates Fringes
TILE SETTER: Edwards Air Force Base; and Naval
Air Weapons Station, China Lake 20.65 3.40
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 power supply; excluding installation of raceway systems, conduit
systems, line voltage work, and energy management systems.
Installation or maintenance of all sound and communications work performed at China Lake Naval Ordnance Test Station, Edwards
.Air Force Base, Elk Hills Naval Petroleum Reserve, or at new or
existing federal or state prisons shall be performed at the inside wireman wage rate and fringe benefit amount.
Fire alarm work shall be performed at the inside wireman wage
rate and fringe benefit amount.
ELEC042SA 06/01/1998
Rates Fringes ELECTRICIANS:
China Lake Naval Weapons Center and Edwards Air Force Base:
Work on structures (defined as
areas to which the public has access) t-hat do not exceed
6,000 sq. ft. and that do
not exceed 3 stories 14.75 40 + 2.75
Tunnel work: Electrician _34.175 5.370 +6.30
Cable splicer; Heliarc welding 37.00 5.370 +6.30
All other work: Electrician 27.34 5.370 +6.30
Cable splicer; Heliarc welding 29.60 5.370 +6.30
Remainder of county: Work on structures (defined as
areas to which the public has
access} that do not exceed 6,000 sq. ft. and. that do
not exceed 3 stories 13.75 40 + 2.75
Work on small commercial and
tenant improvement projects
of 10, 000 sq. ft. or less
where metal-clad (MC) cable is used:
Electrician 17.00 5.37a +6.30
Cable splicer 18.70 5.370 +6.30
Tunnel work:
GROUP 5 26.73 10.15
GROUP 6 26.84 10.15
GROUP 7 26.96 10.15
GROUP 8 27.13 10.15 GROUP 9 27.30 10.15
GROUP 10 28.30 10.15
GROUP 11 29.30 10.15
GROUP 12 30.30 10.15 GROUP 13 31.30 10.15
TUNNEL WORK: GROUP 1 26.58 10.15
GROUP 2 26.87 10.15
GROUP 3 27.01 10.15
GROUP 4 27.23 10.15 GROUP 5 27.34 10.15
GROUP 6 27.46 10.15
GROUP 7 27.76 10.15
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Barge, brake,. compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside,
engineer oiler, generator operator,. generator, pump or compressor
plant operator, pump operator, signal, switch
GROUP 2: Asphalt-rubber plant operator (nurse tank operator),
concrete mixer operator - skip type, conveyor operator, fire
person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader (wheel type up to 3/4 yd. without
attachment), tar pot fire person, temporary heating plant
operator, trenching machine oiler
GROUP 3: Asphalt-rubber blend operator, equipment greaser (rack),
.Ford Ferguson (with dragtype attachments}, helicopter radio
(ground), stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant f-.ire. person, backhoe operator (mini-max
or similar type},..boring. machine operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete cleaning
decontamination machine operator, concrete pump operator (small
portable}, drilling machine operator, small auger types (Texoma
super economatic or similar types - Hughes 100 or 200 or similar
types - drilling depth of 30' maximum), equipment greaser (grease
truck), guard rail post driver operator., highline cableway signal, hydra-hammer-aero stomper,. power concrete curing machine
operator, power concrete saw operator, power-driven jumbo form
setter operator, power sweeper operator, roller operator
(compacting}, screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.}
GROUP 5: Equipment greaser (grease truck/multi-shift)
GROUP 6: Asphalt plant engineer, batch plant operator, bit
sharpener, concrete joint machine operator (canal and similar
type}, concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger types
(Calweld 100 bucket or similar types - Watson 1000 auger or
similar types - Texoma 330, 500 or 600 auger or similar types -
drilling depth of 45' maximum), drilling machine operator (including water wells .incidental to building, heavy or highway
construction}, hydrographic seeder machine operator (straw, pump
or seed), Jackson track maintainer, or similar type,~Kalamazoo
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)
GROUP,il: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Calweld, auger
200 CA or similar types - Watson, auger 6000 or similar types -
Hughes Super Duty, auger 200 or similar types - drilling depth of
175' maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form
traveler operator, motor patrol operator (multi-engine), pipe
mobile machine operator, rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar type,
over 50 cu. yds. struck), rubber-tired self-loading scraper
operator (paddle-wheel-auger type self-loading - two (2) or more
units )
GROUP 12: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 13: Canal liner operator, canal trimmer operator, remote-
control earth-moving equipment operator, wheel excavator operato
GROUP 14: Rubber-tired earth-moving equipment operator, .operating equipment with push-pull system (single engine,
Caterpillar,, Euclid, Athey Wagon and similar types with any and
all attachments over 25 yds. and up to and including 50 yds.
struck), rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine - up to and
including 25 yds, struck)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine, over 50
yds. struck), rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem
tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single engine, up
to and including 25 yds. struck)
GROUP 18: Rotex concrete belt operator (or similar types),
rubber-tired earth-moving equipment operator, operating in tandem
(scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid,
Athey Wagon and similar types with any and all attachments over
25 yds.and up to and including 50 cu. yds. struck), rubber-tired
earth-moving equipment operator, operating in tandem (scrapers,
GROUP 7: Pedestal crane operator; Shovel, backhoe, dra line
clamshell operator (over 5 cu. yds. mrc); Tower crane r ` epair; 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
operator, stiff legs, Guy derrick or similar type (over 25 tons
up to and including 50 tons mrc); K-crane operator; Polar crane
operator
GROUP 10: Crane operator (over 50 tons and up to and including
100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick
or similar type (over 50 tons up to and including 100 tons mrc},
Mobile tower crane operator (over 50 tons, up to and including
100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and includin
200 tons mrc}; Derrick barge operator (over 100 tons u to andg including 200 tons mrc};-Hoist operator, stiff le s Gu '
or similar type (over 100 tons u to and ~ g ~ Y derrick p including 200 tons mrc);.
Mobile tower crane operator (over 100-tons up to and includin
200 tons mrc) g
GROUP 12: Crane operator (over 2OO tons up to and includin 300
tons mrc); Derrick barge operator (over 200 tons u to andg including 300 tons .mrc}; Hoist operator stiff le s '
,g Guy derrick or similar type .(over 200 tons, up to and including 300 tons
mrc);. Mobile tower crane operator (over 200 tons, up to and
including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons}; Helicopter pilot; Hoist operator,- stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower
crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment}
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and including
10 tons )
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip
form pump operator (power-driven hydraulic lifting device for
concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator;
Heading shield operator; Heavy duty repairperson; Loader operator
(Athey, Euclid, Sierra and similar types); Mucking machine
operator (1/4 yd., rubber-tired, rail or track type); Pneumatic
GUNITE LABORERS:
GROUP 1 20.86 11.02
GROUP 2 19.91 11.02 GROUP 3 16.40 11.02
HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A
CONSTRUCTION CONTRACT): Housemover 15.50 8.38
Yard maintenance person 15.25 8.38
FOOTNOTE:
GUNITE PREMIUM PAY:
Workers working from a Bosn'n's Chair or suspended from a
rope or cable shall receive 40 cents 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.
LABORER CLASSIFICATIONS
GROUP 1: Cleaning .and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning. of brick if performed by a worker performing any other phase of demolition work, and the
cleaning of lumber; Fire watcher, limber, brush loader, piler and
debris handler; Flag person; Gas, oil and/or water pipeline
laborer; Laborer,. .asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer,
landscaping;.Laborer, jetting;.. Laborer, temporary water and air
lines; Material:. hose operator (walls, slabs, floors and decks); -Plugging, filling of shee bolt holes; Dry packing of concrete;
Railroad maintenance, repair track person and road beds;
Streetcar and railroad construction track laborers; Rigging and
signaling; Scaler; Slip form. raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person,
top person), filling of cracks by any method on any surface;
Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete
pouring operations
GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper Lon 1 yd. or larger mixer and handling bulk cement); Cesspool
digger and installer; Chucktender; Chute handler, pouring
concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters
and sidewalks; Concrete curer, impervious membrane and form
oiler; Cutting torch operator (demolition); Fine grader, highways
and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender
and form person; Guinea chaser; Headerboard person - asphalt;
Laborer, packing rod steel and pans; Membrane vapor barrier
installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked ,concrete; Roto scraper and tiller;
Sandblaster (pot tender); Septic tank digger and installer
(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
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 ASBESTOS REMOVAL LABORER 10.37 3.51
SCOPE OF WORK: Includes site mobilization, initial site cleanu
. site preparation, removal of .asbestos-containin material and P~ toxic waste (including lead abatement and an oth '
y er toxic material), encapsulation, enclosure and disposal of asbestos-
containing materials and toxic waste (inclduing lead abatement and any other toxic materials) by hand or with equipment or
machinery; scaffolding, fabrication of temporary wooden barriers
and assembly of decontamination stations. '
LABO1184A 07/01/1998
Rates Fringes LABORERS - STRIPING:
GROUP 1 18.36 7,g5
GROUP 2 18.76 7.85
GROUP 3 20.33 7.85 GROUP 4 21.33 7,85
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair
and filling of cracks by any method on any surface in parking
lots, game courts and playgrounds; carstops; operation of all related machinery and equipment
GROUP 2: Traffic surface abrasive blaster; pot tender - removal .
of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for
coatings. Traffic control person: controlling and directing
traffic through both conventional and moving lane closures;
Work on wood frame structures 18.00 3.34
All other work 20.99 5.52
PAIN0169B 07/01/1998
Rates Fringes
GLAZIER 23.19 7,7 8
FOOTNOTE:
Welding in connection with glazing work: $1.00 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 07/01/1998
Rates Fringes CEMENT MASONS:
Work onprojects 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 ,creed and similar type
screed operator; scoring
machine operator 18.85 8.43 Cement mason (magnesite,
magnesite - terrazzo and
mastic composition, epoxy,
urethanes and exotic coatings, Dex-O-Tex) 18.97 8.43
Cement mason,. floating and
troweling machine operator 19.10 8.43 All other work:
Cement mason; curb and gutter
machine operator; Clary and
similar type of screed operator (cement only);
grinding machine (all types);
Jackson vibratory, Texas
screed and similar type .screed operator; scoring
machine operator _ 20.81 10.43
Cement mason (magnesite, magnesite - terrazzo and
mastic composition, epoxy,
urethanes and exotic
coatings, Dex-O-Tex) 20.93 10.43 Cement Mason -floating and
troweling machine operator 21.06 10.43
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
WEST OF HWY. #395 FROM RED MOUNT ates Fringes AIN 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
TEAMOOIID 07/01/1998
Rates Fringes TRUCK DRIVERS:
Edwards Air Force Base;-and Naval
Air Weapons Station, China Lake.: GROUP 1 21.79 11.89
GROUP 2 21.94 11.89
GROUP 3 22.07 1.1.89 GROUP-4 22.26 11.89
GROUP 5 22.20 11.89
GROUP 6 22.32 11.89
GROUP 7 22.57 11.89 GROUP 8 22.82 11.89
GROUP 9 2 3.0 2 11. $ 9
GROUP 10 23.32 11.89- GROUP 11 23.82 11.89
Remainder of County:
GROUP 1 19.79 .11.89
GROUP 2 19.94 11.89 GROUP 3 20.07 11.89
GROUP 4 20.26 11.89
GROUP 5 20.20 11.89 GROUP 6 20.32 11.89
GROUP 7 20.57 ~ 11.89
GROUP 8 20.82 11.89
GROUP 9 21.02 11.89 GROUP 10 21.32 11.89
GROUP 11 21.82 11.89
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck-mounted broom
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
requestor 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
Load Assistance Procedures Manual EXHIB
PS&E Checklist Instructions IT 1 Z•E Attachment A
SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
GENERAL: The work herein proposed will be financed i n
whop or in part with Federal funds, and therefore all of the (This form need not be filled in if all 'oint venture firms are statutes, rules and regulations promulgated by the Federal Gov minority owned.) J
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 l4. Whenever
m said required contract provisions references are made to "SHA contracting officer," "SHA "resident engineer," or
authorized .representative of the SHA, such references shall be 2. Address of point venture construed to mean "Engineer" as defined in Section l • I.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 ORSUBCONTRACTS 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 510,000 will be considered under the provisions. of a Describe he role of the MBE firm in the joint venture.
Section VII of the required contract provisions unless such request is accompanud by .the CERTIFICATION referred t o
. above, executed by the proposed subcontractor.
NON-COLLUSION .PROVISION.-The provisions in th i s
section are applicable to all .contracts except contracts for b. Describe very briefly the experience and business Federal Aid Secondary .projects.
Title 23, United States Code, Section ] 11, requires as a qualifications of each non•MBE joint venturer:
condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file
a sworn statement executed by, or on behalf o~ the person, firm,
association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or
corporation has not, either directly or indirectly, entered into S. Nature of the joint venture's business
any agreement., participated in any collusion, or otherwise taken any action in restraint of free competitive bidding i n
connection. with the submitted bid. A form to make the non- . collusion affidavit statement required by Section 112 as a 6. 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, is included in the 7. What is the claimed 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 sand 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 point Venture Eli•
gibility .
Revised 3-95 08.07.95
FR•1
Page l Z•63
February 1,1998 I
(I
Local Assistance Procedures Manual EXHIBIT l2•E
PS&E Checklist Instructions ~ ~ Attachment B
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts) h
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 6. 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 soon, 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. employ convict labor for an u ose within ' Pollution Control Act 10 Y p rP the limas
of the project unless it is labor performed by convicts who are XI. Certification Regarding Debarment, Suspension, on parole, su ervised release, or robation.
Ineligibility, and Voluntary Exclusion 11 p P 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 510,000 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 3S, 29 CFR 1630, and 41 .CFR 60) 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 Z3 U.S.C. 140 shall constitute the EE0 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 60.4.3 and the provisions of the American Disabilities
2. Except as otherwise provided for in each section, the con- Act of 1994(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 1.630 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 m their review of his/her actrv~Ues 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 "Iris the policy of this Company to assure that applicants Prov~s~ons may also be grounds for debarment as provided ~n are employed, and that employees are treated during employ-
29 CFR 5.12: meet, 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 IV, paragraphs 1, 2, 3, 4, and recruitment advertising; layoff or termination; races of pay or
Section V, paragraphs 1 and 2a through 2g. other forms of compensation; and selection for training, in- cluding apprenticeship, preapprenticeship, and/or on-the-job
S. Disputes arising out of the labor standards provisions of training: "
Section IV (except paragraph S) and Section V of these Required 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 S, 6, and 7.
Form 1213 -Revised 3.9i 08.01.95
FR-3
Page 12-b5
February 1,1998
Local Assistance Procedures Manual EXHIBIT I -
PS&E Checklist Instructions 2 E Attachment B
1. Unions: If the contractor relies in whole or in part upon 9. Records and Reports: The contractor shall kee 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 fora eriod of
opportunities for minority groups and women within the three years following completion of the contract w r P
and to effect referrals by such unions of minority and be available at reasonable times and laces for i o k and shall unions, p nspection 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-minorit rou toward qualifying more minority group members and women members and women employed in each work classification
for membership in the unions and increasing the skills of on the project; minority group employees and women so that they may
qualify for higher paying employment. (2) The progress and efforts being made in coo eration
with unions, when applicable, to increase emplo ment o - b. The contractor will use best efforts to inco orate an ' ' y P
rP portunities for minorities and women, EEO clause into each union agreement to the .end that such
union will be contractually bound to refer applicants with- (3) The progress.and efforts being made in locatin , hir- out regard to their race, color, religion, sex, national origin, ing, training, qualifying, and upgrading minori and fe-
.age or disability. male employees; and ty
c. The contractor is to obtain information as to the refen~al (4) The progress and efforts bein made in securin
practices and policies of the labor union except that to the ex- services of DBE subcontractors or subcontract g the tent such information is within the exclusive .possession of meaningful minority and female re resentation ors with
the labor union and such labor union refuses to furnish such employees. P .among their
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 re rt to the SHA
obtain such information. each July for the duration of the ro'ect indicatin
P ~ ~ g 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 classification re wired b th
for with a reasonable flow of minority and women referrals contract work. This information is to be re orted on Form
.within the time limit set forth in :the collective bargaining FHWA-1391. If on-the-job training is bein re wired b agreement, the contractor will, through independent recruit- special provision, the contractor will be re ug ed to collect
merit efforts, fill the employment vacancies without regard to and report training data.. q 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 co '
has a collective bargaining agreement providing for exclusive nstruchon contracts and to
referral faded to refer minority employees.) In the event the all. related subcontracts of X10,000 or more.) .union referral practice prevents the contractor horn meeting a. By submission. of this .bid the executi
the obligations pursuant to Executive Order 1124b, as ~ on of this contract _ amended, and these special provisions, such contractor shall or subcontract,. or the consummation of this material supply
immediately notify the SHA. agreement or purchase order, as appropriate, .the bidder,
Federal-aid construction contractor, subcontractor, material 8. Selection. of Subcontractors, Procurement of Materials supplier, or vendor, as appropriate, certifies that the firm does
and Leasing of Equipment: The contractor shall not not, maintain or provide for its employees any segregated
discriminate. on the grounds- of race, .color, religion, sex, facilities, at any of its establishments., and that the firm. does national origin, age or disability in the selection and retention not. permit its employees to perform their services at any
of subcontractors, including procurement of materials and leases location, .under its control, where segregated facilities are maintained The firm agrees that a breach of this certification
of equipment. is a violation of the EEO rovisions of ' p this contract. The firm
a The contractor shall notify all potential subcontractors further certifies that no ..employee will be denied access to
and suppliers of his/hec EEO obligations under this contract. adequate facilities on the basis of sex or disability.
b. Disadvantaged business ente rises DBE b. As used in this certification, ,the term "segregated facili- in 49 CFR 23, shall have a ual ~ ~ defined ties" .means, any waiting rooms, work azeas, restrooms and
q opportunity to compete for washrooms, restaurants and other eating areas, time clocks, and perform subcontracts which the contractor enters into locker rooms, and other stora a or dressin '
pursuant to this contract. The contractor will use his best g g areas, parking efforts to solicit bids from and to utilize DBE subcontractors lots, drinking ..fountains, recreation or entertainment areas,
or subcontractors with meaningful minorit rou and female transportation, and housing facilities provided. for employees y g P which are segregated by explicit directive, or are, in fact, seg-
representation among their employees. Contractors shall regated on the basis of race, color, reli ion national ' obtain lists. of DBE construction firms from SHA personnel. age or disability, because of habi localgcust origin,
_ t, om, or otherwise.
c. The contractor will use his best efforts to ensure subcon- The only exception will be for the disabled when the tractor compliance with their EEO obligations. demands for accessibility override (e.g, disabled parking). .
Form 1273 -Revised 3.95
08-07.95
FR-5
Page 12-b7 February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist. Instructions ' ' Attach
ment 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 apprenticeshi a enc reco nized v P 8 Y g b, the
Bureau, withdraws approval of an apprenticeship program, b. If the contractor or subcontractor, as appropriate, does the contractor or subcontractor will no longer be permitted
not make payments to a trustee or other third person, he/she to ut~l~ze apprentices at less than the applicable predeter-
mayconsider as apart ofthe wages of any laborer or mechanic mined rate for the comparable work performed by regular the amount of any costs reasonably ant~c~pated ~n providing employees until an acceptable program is approved.
bona fide fnnge benefits under a plan or program, provided,
that .the Secretary of Labor has found, upon the written b. Trainees: request of the contractor, that the applicable standards of the
Davis•Bacon Act have been met. The Secretary of Labor may (1) Except as provided in 29 CFR 5.16 trainees will require the contractor to set aside in a separate account assets ~ not
for the meeting of obligations under the plan or program. be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to
4. Apprentices and Trainees (Programs of the U.S. DOL) and individually registered in a program which has
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 fob site shall not be greater than permitted under the
(I }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 is not registered and participating in a training
in a bona fide apprenticeship program registered with the Plan approved by the Employment and Training Adminis- DOL, Employment and Training Administration, Bureau of tration shall be paid not less than the applicable wage rate
Apprenticeship and Tra~n~ng, or with a State apprentice- on the wage determmat~on for the classification of work ac•
ship. agency recognized by the Bureau, or if a person is em- Nally Performed. In addition, any. trainee performing work ployed in his/her first 90 days of probationary employment on the job site in excess of the ratio permitted under the
as an apprentice in such an apprenticeship program, who is .registered program shall be paid not aess than the applica-
not mdwidually registered m the program, but who has ble wage rate on the wage determmat~on for the work actu- been certified by the Bureau of Apprenticeship and -.ally performed.
Trammg or a State apprent~cesh~p 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 to the approved program for his/her 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 fob site in any craft classification Trainees shall be paid fnnge 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 fnnge 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 m the wage determination for the classification of program associated with the corresponding ~ourneyman• work actually performed. In addition, any apprentice per- level wage rate on the wage determination which provides
forming work on the fob 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- locaiity other than that m which its program is registered, trat~on 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-
journeyman-level hourly rate) specified in the contractor's line trainees at less than the applicable predeternined 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- neyman-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 t o gram. If the apprenticeship program does not specify fnnge 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 wa e
Division determines that a different practice prevails for the determination for the classification of work actua applicable apprentice classification, fringes shall be paid performed. y
in accordance with that determination.
Form 1213 -Revised 3.95
08.07.95
Page 12-69 February 1,1998
Local Assistance Procedures Manual EXHIBIT I2•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 m LABOR
Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). ~ . On all Federal•aid contracts on the National Highway Sys-
The payroll submitted shall set out accurately and completely except those which provide solely for the installation of
all of the information required to be maintained under pars- protective devices at railroad grade crossings, those which are graph 2b of this Section V. This information may be submit- constructed on a force account or direct labor basis, highway
led 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 fran the Superinten• construction cost for roadway and bridge is less than
dent of Documents (Federal stock number 029-005-0014.1), ~ 1,000,000 (23 CFR 635) the contractor shall:
U.S. Government Printing Office, Washington, D.C. 20402. The .prime contractor is responsible for the submission of a. Become familiar with the list of specific materials and
copies of .payrolls by all subcontractors. supplies contained in Form FHWA-47, "Statement of Matcri-
als and Labor Used by Contractor of Highway Construction d. Each payroll submitted shall be accompanied by a Involving Federal Funds," prior to the commencement of work
"Statement of Compliance," signed by the contractor or sub- under this contract.
contractor or hisJher 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: suppliespurchased for and incorporated in the work, and . also of the quantities of those specific materials and supplies
(1) that the payroll for the payroll penod 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, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data (2) that such laborer or mechanic (including each helper, required in paragraph lb relative to matenals and .supplies, a
apprentice, and trainee) employed on the contract during final labor summary. of all contract work- indicating the total
the payroll period has been paid the full weekly wages hours worked and the total amount earned. earned, without rebate, either directly or indirectly, and
that no .deductions have been made either directly or 2. At the prime contractor's option, either a single report f indirectl fran the full wages earned, other than coverin all contract work or separate reports for the contractor ~
rmissible deductions as set forth in the Regulations, 29 and for each subcontract shall be submitted. Pe
CFR 3;
that each laborer or mechanic has been aid not less VII. SUBLETTING OR ASSIGNING THE CON- 3 TRACT
O wa a rate and Erin a benefits or cash that, the applicable g , g egwvatent for the classif cation 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 >f specified elsewhere m the contract) of the t
e. The weekly submission. of a properly executed certifica- total original contract pace, excluding any specialty items des- i lion .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 pace 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- .The contractor or subcontractor shall make the records tractor and equipment owned or rented by the prime contrac•
re wired under aragraph 2b of this Section V available for tor, with or without operators. Such term does not include
ins ection co in , or transcription by authorized employees or equipment of a subcontractor, assignee, or agent j re resentatives of the. SHA, the FHWA, or the DOL, and of the prime contractor. ~
shall.. rmit such representatives to interview employees ~
durin w Orkin hours on the job. if the contractor or b. "Specialty Items" shall be construed to be limited to subcontractor fails to submit the required records or to make work that requires highly specialized knowledge, abilities,
them available, the SHA, the FHWA, the DOL, or all may, or equipment not 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 1273 -Revised 3.95
08.07-95
FR•9
Page 12-?1
February 1,1998
Local Assistance Procedures Manuel 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 submittin this ro osal that it will include the clause titled List of Violating Facilities, "Cerificagon Re ardin Debarment, Suspension, lneligibil-
g g
4. That the firm agrees to include or cause to be included the ity and Voluntary Exclusion•Lower Tier Covered Transac- requiremcnts of paragraph 1 through 4 of this Section X in every lion," provided by the department or agency entering into
nonexempt subcontract, and further agrees to take such action as this covered transaction, without modification, ~n all lower
the government may direct as a means of enforcing such re• tier covered transactions and ~n all sol~c~tat~ons 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- ered transaction that is not debarred, suspended, ineligible,
EXCLUSION or voluntarily excluded from the covered transaction, unless
• Covered it knows that the certification is erroneous, A participant 1. Iostructlons for Certificat~oa • Primary may decide the method and frequency by which it determines
Transeetions: the eligibility of its principals. Each participant may, but is
not required to, check the nonprocurement portion of the (Applicable to all Federal-aid contracts • 49 CFR 29) "Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs (Nonprocurement List) which i s
a By signing and submitting this proposal, the prospec• compiled by the General Services Administration. five primary participant is providing the certification set out
below, i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
b. The inability of a person to provide, the certification set in good faith the certification required by this clause. The
out below will not necessarily result ~n denial of partic• knowledge and information of participant ~s not required to
ipation in 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 pnmary 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
dis ualify such a person from participation in this excluded from participation in this transaction, in addition t o q other remedies available to the Federal Government, the de-
transaction. pargnent or agency may terminate this transaction for cause or
c. The certification in this clause is a material represents- default. lion of fact upon which reliance was placed when the depart-
ment or agency determined to enter into this transaction. If it
is later determined that the prospective primary participant . knowingly rendered an erroneous certification, in addition to Certification Regarding Debarment,
other remedies available to the Federal Government, the de• .Suspension, Ineligibility. and Voluntary
partment or agency may terminate this transaction for cause of Exclusion-Primary Covered Transactions default.
1. The prospective primary participant certifies to the best
d. The prospective primary participant shall provide im• of its knowledge and belief, that it and its principals: mediate written notice to the department or agency to whom ebarred sus ended, ro osed for
this proposal is submitted if any time the prospectwe primary a. Are not presently d p P P part~c~pant learns that its certification was erroneous when debarment, .declared ineligible,. or voluntarily excluded
submitted or has become erroneous by reason of changed tom covered ransactions by any Federal department or
circumstances. agency;
e. The terms "covered transaction," "debarred," "suspended," b. Have not within a 3•year period preceding this
"ineligible," "lower tier covered tranansaction,M "participant,„ proposal been convicted of or had a civil judgment ren- "person," "primary covered .transaction, principal, dered against them for comm~ss~on of fraud or a criminal
"proposal," and "voluntarily excluded," as used in this clause, offense ~n 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,
is submitted for assistance in obtaining a copy of .those theft, forgery, bribery, falsification or destruction of re ulations. records, making false statements, or receiving stolen g
property; f. The prospective primary participant agrees by submitting d for or otherwise criminally
this proposal that, should the proposed covered transaction c. Are not presently indicte 1 entit Federal, State
be entered into, it shall not knowingly enter into any lower or civilly charged by a governments y 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 Pram in paragraph lb of this certification; and
participation in this covered transaction, unless authorized . by the department or agency entering into this transaction.
Form 1213 -Revised 3.9S
08.07.95
FR-11
Page 12-73
February 1,1998
Local Assistance Procedures Manual EXHIBIT i -
PS&EChecklist instructions 2 E Attachment B
grant, loan, or cooperative agreement, the" undersigned shal I certification shall be subject to a civil penal of .not .less than
complete and submit Standard Form•LLL, Dtsclosurc Form to 610,000 and not more than 5100,000 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 r wire that the lan- which reliance was placed when this transaction was made or guage of this certification be included in allow '
enured into. • ~ cr t,cr subcon- Subm~ssion of this certification is a prerequisite tracts, which exceed 6100,000 and that all such reel Tents shall
for making or entering into this transaction ~mposrd by 31 certify and disclose accordingly. p 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:
b920 Sacramento, CA ..................................N... 1 b. l Goal for Women
CA Placer, CA Sacramento; (applies nationwide) ..............(percent) NNNH. 6.9
CA Yolo. The following arc goals for minority utilization: Non•SMSA Counties...N ........................N......N.....
14.3
CA Butte; CA Colusa; CALIFORNU ECONOMIC AREA CA EI Dorado; CA Glenn;
CA Nevada; CA Sierra;
Goal CA Sutter; CA Yuba.
(Percent) l78 Stockton•Modcsto, CA: 174 Redding, CA:
SMSA Counties: Non•SMSA Counties .............................N........ 6.8 S 170 Modesto, CA...............»...................»..... 12.3
CA I,~a~ssen; CA Modoc; CA Stanislaus.
CA Plumes; CA Shasta; 81.20 Stockton, CA.......N 24.3 CA Siskiyou; CA Tehama CA San J uin.
115 Eureka, CA: Non•SMSA Counties..NHNNN..NNN.»N.NN.N...N.N.q 19.8 CA Alpine; CA Amador;
CA Calaveras; CA Mariposa; Non•SMSA Counties ................................N..... 6.6 CA
CA Del Norte; CA Humboldt; Merced; CA Tuolumne. CA Trinity. 179 FresnaBakersfield, CA:
_ 176 San Francisco-Oakland•San Josc, CA: SMSA
Counties.
SMSA Counties: 0680 Bakersfield, CA 19.1 7120 Salinas-Seaside• CA Kern.
Mont 2840 Fresno, CA 26.1 erey, CA ....................................N........... 28.9 CA Fresno.
CA Monterty. Non•SMSA Counties 7360 San Francisco-Oakland, CA 25.6 23.6
CA Alameda; CA Contra Costa; CA Kings; CA Madera;
CA Merin; CA San Francisco; CA Tulare, CA San Mateo. 180 Los An eles CA:
7400 San lose, CA ...........................N................ 19.6 g '
CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA .............N.N....................... 14.9 0360 Anahcim•Santa Ana-Gard
CA Santa Cruz en
7500 Santa Rosa, CA..N ...................N............... 9.1 Grove, CA........................................................ 11.9
CA Sonoma CA Orange. 8720 Vallejo•Fairficld• Napa, CA 17.1 4480 Los Angcles•Long
CA Napa; CA Selene Beach, CA .............................N......................... 28.3 CA Los Angeles.
6000 Oxnard•Simi Vallcy- Non•SMSA Counties ..................N........................ 23.2 Ventura, CA..................................................... 21.S
CA Lake; CA Mendocino; CA Ventura.
CA San Benito.
Fam 1273 -Revised 3.95 oa.a~•9s
FR•13
....Page 12.75
February 1,1998
SECTION 7, CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 RELATIONS WITH THE STATE OF CALIFORNIA, The Ci has been issued a
within the State Highwa ri t of wa .However permit for work
Y ~ Y , prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. Any subcontractors which will do work within State Highway right of way must be listed on the
contractor's permit or they will be required to obtain their own permit. The Contractor shall com 1 with all the
of said permit. P Y provisions
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 com ensation will
p be allowed therefor.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Hi wa Facilities "
of the Standard S cifications the laps and th ' ' ~ Y ' 1~ p especial provisions.
The Contractor will be required to work around public utility facilities and other im rovements that
remain in place within the construction area or that are to be relocate p are to d and relocation operations have not been completed. In accordance with the provisions of Article 7-1.11,, "Preservation of Property, " and 7-1.12, "Res nsibili "
the Standard Specifications, the Contractor will be li Po ty for Damage, of
able to owners of such facilities and improvements for any damage or interference with service. resulting from conducting his operations. The exact location of under round faciliti '
g es and improvements within the construction area shall be :ascertained by the Contractor before using equipment that ma lama a such facilities '
with the services. Other forces ma be en a ed in movie or r • • • • • Y , g or interfere Y g g g emov~ng utility facilities or other improvements or maintaining
services or utilities. The Contractor shall cooperate :with such forces and conduct his o erations in such a mane '
any unnecessary delay or hindrance to the work bein r p er as to avoid g pe formed by other such forces.
.:Any .delay to the Contractor due to .utility relocation whether or not the utility is shown or correctl located
on the plans will not be compensated for as idle .time. However, additional contract tim Y
e commensurate with such delays may be allowed.
.Prior to commencement of .any. phase of construction involvin landsca in or irri ' g p g gation systems, the Contractor
shall contact the City Parks Division at 32b-31.17 for the purpose of ascertaining the locations and current o er '
of all landscape irrigation wiring, mainlines, laterals and other p atonal status facilities. '
Due care shall be taken to minimize damage to existing irri ation s stems and lant m '
g Y p atenals. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wirin and re lacement of
material at his own cost. In the event of interru tion of ' g p damaged plant p irrigahon 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 irri ati ' g on interruption.
Existing land subdivision monuments and stakes shall be :full rotected from ' y p damage or displacement and they
shall not be disturbed unless directed by the Engineer. Due care shall be taken to minimize lama a to existin stain d The Contractor shall be responsible for re airin lama ed areas g g pe concrete.
P g g .Where pullboxes are installed within stamped concrete areas Contractor shall insure a neat sawcut or in-kind replacement of stampedconcrete area boundin the ullbox.
g P
Attention is directed to the fact that nuisance water may be present at all times along the ro'ect. It will be
the responsibility of the Contractor to provide for handlin of said water and an p ~ g y 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 re uirements of this article shall be considered as included in the prices aid for the various items q
P of work and no additional compensation will be made therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain si ns, li hts fla s
and other warning and safety devices when performin work which interfer g g ' g g es with or endangers the safe movement of traffic
on any street or highway.
22
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as includ '
paid for various items of work and no additional allowan ed in the prices ce will be made therefor.
7.1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existin facilities
shall conform to the provisions in Section 15, "Existing Hi hwa Facilities " of the S g g Y tandard Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the Ci .Such si ns and street
markers shall be relocated and maintained Burin cons ~ g g traction 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 b the Contractor's
forces prior to completion of construction. Si removed from the ro'ect are y ~ p ~ a shall be delivered to the City Corporation Yard
at 4101 Truxtun Avenue.
PAYlV1ENT. 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.
7-1.06 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15, "Existin
Highway Facilities", Section 16, "Clearing and Grubbing", and Section 19-1.04 "Removal and g 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, "Dis osal of Material Out '
Highway Right of Wa of the Standard S cifications. P side the
Y pe
MEASUREMENT AND PAYMEN'T', Full compensation for conforming to the requirements of this article
shall.be considered as included in the unit pnces paid for various items of work and no additional coin ensation will be allow
therefor. P ed
7-1.07 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 actuall affected b the Tanned cons
Y Y p traction as directed by the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be consi dered as included
in the pnces. paid for various items of work and no additional compensation will be allowed therefor.
7-1.08 DUST CONTROL. Dust control shall conform to the provisions in Section 10, "Dust Contro", 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 eriod of this contract.
Preventative measures to be taken by the Contractor shall include but sh P all not be limited to the following:
a. ,Water shall be applied to all unpaved areas as required to prevent the surface from becomin d
enough to permit dust formation. g ~
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 be and the control of
the Contractor shall not relieve the Contractor from his res onsibilit for Bus y P y t control as set forth herein.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered '
as included in the pnces paid for various items of work and no additional compensation will be allowed therefor.
7-1.09 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishin
Roadway", of the Standard Specifications and these special rovisions. g P
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard S ecifications
the following shall apply: P '
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess
24
H. Pavement sections that buckle or heave 2 cm (314")or more must be saw cut and re laced i '
City of Bakersfield En ineer. Concrete sidew p n kind as required by g alk 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 utter must nearest undamaged section. g be replaced to the
I. Traffic control for receiver operator shall be discussed at the pre job meetin if necess
g ary
J. Contractor shall provide directional drilling as-built plans containing the followin information:
g
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.
7-1.10A.1 DIRECTIONAL DRILLING PIT AND RECEIVING PIT SHALL BE:
A. Located at least 3.05 m (10') from edge of pavement on conventional hi hwa '
g ys in rural areas for perpendicular crossings.
B. Located at least 1.52 m (5')behind concrete curb or AC dike on conventional highwa s in urban areas for
Y 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 de er than five feet shall be '
~ incompliance with CAL-OSHA requirements. Shoring and bracing for pits located within 4.57 m (1 S')of traffic lanes on the City hi hwa shall not exten
than 1.0 m (36")above pavement rade unless oth g y d more g erwise authorized by the City's inspector.
7-1.10A.2 EXCAVATION AND BACKFILL:
Excavation and. backf ll not specifically covered by these rovisions shall be ov
P g erned by applicable provisions of Section . 19 "Earthwork" of Caltrans Standard Specifications dated July 1995. Prior to placin successive structural 1
layer shall be graded and compacted, and shall meet the d' g ayers, each gra ing tolerance specified by the appropriate provision. of Caltrans
Standard Specif ications, dated July 1995. No excavation shall be left open after workin hours. At the end of e
day if any excavation that leaves a dro off of more th g ach working p an O. I5' 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 lates shall be of suffi '
thickness to support legal truck traffic. p .dent
7-1.10A.3 DAMAGES:
Any damages to private or public facilities shall be immediatel re orted to Ci of B
Y P ty akersfield inspector and repaired or replaced to City of Bakersfield Standards or facility owner requirements, at the expense of the Contractor. The Con
tractor shall be responsible for locating and protecting all underground facilities that maybe in the work areas.
Before any excavation, the Contractor shall call USA UNDERGROUND ALERT Ph:1-800-227-2600.
7-1.11 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit " of the St
Specifications and these special provisions. Conduit shall be ~ andard PVC Schedule 40 of Standard Iron Pipe Sizes.
7-1.12 MULTIDUCT CONDUIT. Where 4-inch conduit with innerduct is to be installed b tr y enchmg or
boring as specified in the plans, a factory assembled conduit system with four (4) innerducts is re uired. Other s
in accordance with these special provisions ma be allowed. q ystems Y
The conduit shall be Schedule 40 PVC. Each innerduct shall be 1.1 S inch (I. D. minimum), manufactured from 1 eth 1
or PVC. For alignment purposes, one innerduct shall be a different color than po Y y ene
the others and shall be consistent for the project. UL listing is not required.
Zb
1. Conduit shall be rigid non-metallic type. Conduit or Conduits shall be laced under e ' '
trench minimum 6 inches not to exceed 12 inches in width for c p xisting pavement in a
onduit. Trench shall be cut using a rock saw or backhoe and all loose uncompacted material shall be removed from the bottom of the trench rior to 1
trench shall have a minimum depth of 24 inches below fin' p p acement of conduit. The fished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be slurry cement backflll. Contractor shall ' backfilled with a two (2) sack
insure that multiple conduits are completely encased in slurry cement backflll. Slurry cement backflll shall be placed to within 0.40 feet of the pavement surface. The to
with Type B asphalt concrete roduced f p 0.40 feet shall be backfilled p rom commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied ass cified in Section 39-4 " '
and Paint Binder," of the Standard S ciflcations. ~ .02, Prime Coat pe 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 baclcfilled except for the to 0.40 foot b the en
day. The top 0.40 foot shall be laced within three 3 wor ' p ~ Y d of each work P O kuig 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 as halt surface i
Permanent asphalt surface shall be placed within 15 workin da p s placed. g ys of trench being opened.
5. Trenches perpendicular to traffic that are greater than 6" in width shall be 1 placed in top 0.40 foot. Trenches aral p ated until permanent asphalt is
p lel to traffic that are greater than 6" in width shall be plated until tem ora surface is placed in top 0.40 foot, p
6. No trench shall be opened in any street for the p se of la in i s or c ' ~ Y g p pe onduits more than .six hundred (600)
feet in advance of the pipe or conduit placed therein.
7.1.16 PULL BOXES. Pull boxes shall conform to the rovisions ' » Standard S ciflcations the 1 p m Section 86-2.06, Pull Boxes, of the
Pe pans, and these special provisions.. .
All pull box assemblies shall include one knockout for 4" conduit and o " ne knockout for 4 multi-duct conduit on all
sides to accommodate installation of conduit. Should an approved alternate multi-duct conduit asse
the Contractor, the knockout for 4" multi-duct condui mbly be chosen by t at each end may be substituted by a larger size to accommodate
this alternate conduit assembly.
Where pull boxes are placed in existing stamped concrete areas stam ed co '
p ncrete of like kind shall be replaced to the limits of the removed concrete.
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 Traffic Signal Interconnect and no se arate
will be made therefor. P payment
7-1.17 SPLICE VAULTS. Splice vaults shall be 48"L x 30"W x 30"D nominal inside dime '
conform to Section 86-2.06 of the Standard S ciflcations. H nsions and shall pe old down bolts or cap screws and nuts shall be of brass,
stainless steel or other non-corroding metal material. Each cover portion shall have inset liftin ull sl
shall be "COMMUNICATION" on each cover secti g P ots• Cover marking on. Enclosures, covers and extensions shall be concrete gray color. Vaults and covers may be constructed of reinforced portland cement concrete or of non-PCC mater'
ial.
Non-PCC vaults and covers shall be of sufficient rigidity that when a 100- and concentrated
Po force is applied perpendicularly { to the midpoint of one~of the long sides at the top while the opposite long side is su orted b a ri id surf
be possible to remove the cover without the use of tools, pp Y g ace, it shall
a 'h , When a vertical force of 1, 500 pounds is applied, 'through inch by 3-inch by 6-inch steel plate, to a non-PCC cover in place on a splice vault, the cover shall not f i
shall not deflect more than 1/4 inch. a 1 and
Splice vaults shall be installed as detailed and where shown on the plans. All s lice vaults and
AASHTO HS 20-44 rating. p covers shall have an
Splice vaults shall be installed at grade in paved areas.
~Q
frV
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conformin to the uirements
in Section 95-2.09, "Epoxy Sealant for Inductive Loo s" to within g ~ p one-eighth (1/8) inch of the pavement surface. The
sealant shall be at least one-half (1l2) inch thick above the top conductor in the saw cut. Before setting, su lus sealant
shall be removed from the adjacent road surfaces without the use of soly ~ ents.
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 S ecifications.
P
b. Asphaltic Emulsion Inductive Loop Sealant conformin to Section 86-5.01 A 5 "Install ' ' " g ation 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 a ual
q )
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.
7-1.20 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
7-1.21 GUARANTEE. The Contractor shall furnish a written g~~arantee to the City on the form attached, guaranteeing
all systems, installed under this contract for a penod of one (1) .year from the date of acceptance of the work. The arantee properly executed, shall be filed with the City before notice of completion and final .acceptance is made by the City of
the work described onthe plans and these special provisions.
7-1.22 PAYMENT. Payment for Traffic Interconnnect System shall conform to the rovisions in Section 86-
P 8, "Payment", of the Standard Specifications and these special .provisions:
30
8040-41A-15
3.2.3 Firm set time, hours,
4 maximum test at one (1) hour intervals, use ASTM D2939.
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3, 10 RPM at 75 + 2" F.
3.3 Properties of the Dried Film
3.3.1 Flexibility No full d
epth use ASTM D2939, except air dry specimens to cracks
constant weight at 75 + 1- 5 deg. F. and 50 + I -ten percent
(10 relative humidity. Condition mandrel and. specimens
two (2) hours at 75 + 2 deg. F. before test. Use aluminum panels, 0.03 inches thick (Q panel or equal).
3.3.2 Tensile Strength, Psi, 20 minimum
cast sheets 0.25 inches thick and air dry at 751- + 5 deg. F.,
50 + ten percent (10 relative humidity for minimum of
sixteen (16) hours.. Load rate 0.05 incheslminute, use ASTM D2523.
3.3.3 Elongation, % . .
2.0 minimum Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, • 150 minimum
Use California Test Method No. 434, Part VIII. Space damp with no loss of
blocks with 0.25 inches between. slant faces, seal sides and adhesion to concrete bottom with tape, and fill with the well stirred sample, strike
off. the. excess. Dry in 140. deg. F. oven to constant weight and
...condition one (1) day at 75 + 2 deg. F. before testing.
Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water, N . o blistering
Use .ASTM D2939, Alternative B re-emulsification
or loss of adhesion 3.4 Workmanship
3.4.1 The sealant. shall be properly dispersed and any settling shall be Basil reds rsed with ' ' Y pe minimum resistance
to the sideways manual motion of a paddle across the. bottom of the container. It shall form a smooth
uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive
settlement as described above or due to any other cause, the sealant shall be considered unfit for use.
8040-41A-15
6.0 NOTES.
6.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material,
pumping is .not recommended. Any clean up of road surface or tools can be done with water, before the
sealant sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless. the State of
California, and its duly authorized representatives, from all suits at law or action of every nature for, or on
account of, the use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the .provision of Section 6-1.07, of California Department of Transportation Standard Specifications, Januar
Y 1988.
~ STATE OF CALIFORNIA ~ DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT Pmt
TR•Ol 10 (NEW 5/92) 0698- NUT-0343
Dist/Co/Rte/PM
In compliance with {check one): 06-KER-204-3.409
Your application of A ril 23, 1998
_ Util' ~ rty Notice No. of Ma 7, 1998
ee
Agreement No. of $ ~~]EMP'fED $ 0.00
ornance on Amount ayment Amount R/VI/ Contract No. of ~ NIA
S NIA Bond Company
Bond Number (1 J Bond Number C~)
T0~
City of .Bakersfield
1501 Truxton Avenue Bakersfield, Ca 93301
ATTN: Theodore D. - tiVright
PHONE: X805)-326-3575 , PERMITTEE
and subject to the following, PERMISSION IS HEREBY GRANTED t • o.
enter upon State Highway right-of-way of KER•204 Union Aven
Ove ~ ~ ue) at intersection with Truxton Avenue rpass Service Road in the City of Bakersfield, to bore approx~rnatel 116 LF of 4" P
signal interconnect conduit as r attached & a r v y VC traffic wide traffic i ~ PP o ed .plan sheet. The conduit is a part of a Ci
s .gnat interconnect system. ~
The work included in this rmit shag be accom li • "p Pe p• shed ~n strict accordance with all items of the attached
apartment of Transportation Encroachment Permit General Provisions TR•0045 Rev. 8/9 " ' •
particular to the followin : ( ~ ~n general and ~n 9
I. Nom: In accordance with Item 6, Permittee shall noti the De rtment's R •
advance of th ~ pa epresentatwe, two (2j da s in e intent to begin work under this. permit: y
NOTLFY CALTRANS FIELD REPRESENTATIVE: RON VANCE, 805-395-2576
AND ELECTRICAL REPRESENTATIVE: -CLIFF TERRY 805.395.2595
The folbwing attachments are also included as part of this permit.. In addition to fee th (Check applicable): a permittee will be billed
actual costs for:
X Yes No General Provisions Yes X No R
Yes X No Utirity Maintenance Provisions _ e~ew X Yes _ No Inspection _ Yes X No Special Provisions X Yes
X Yes. No A Col-OSHA permit required prior to beginnin wo - - - - - r1E~ Work
9 If any excavation is deeper than 5'. pf any Coltrons effort expended
Yes X No The informofion in the environmental documentation has been reviewed and considered rior to
approval of this permit. p
This permit is void unleu the work is Completed before December 31 .1998.
This permit is to be strictly Construed and no other work other thou specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental cleoronces have been obtained.
RC(4}, (0~ APPROVED:
{ cc: D0, RVYV, STM (2), RIW Utilities
JTripp, Cliff Terry attach: T 11, TR•0163, Plans
Bart Bohn Director District b -Central Re ion
BY:
evin 1. r ,Chief ermit Branch
Page 1 of 4
STATE OF CAIIFORNIA'° DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT RIDER "
TR-0122 (REV 5/92) Collected by Permit No. (Original)
N/A 0698-NUT-00343
Rider fee Paid Dist/Co/Rte/KP(PMj . .
d ~ EXEMPTED 06/KER-204/5.486(3.409)
Date Rider Number
~ I~ March 8, 1999 0699-NRW-0130 ~ ~ ,1 ~ ,
' ~ l; ~Jl +
~ A 1.~ `i ~ X99
NEAR i 7
~ r
T0: itlr of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
ATTN: Theodore D. Wright
PHOI~E: ~$~?5)•32b-3575 - . : PERMITTEE
In compliance with your request of Febr~ua~ry 19, 1999, we are hereb amendin th
encroachment permit as follows: y 9 e above numbered
1. Date of completion extended to: No Change (August 31, 1999
2. Permission is given to perform the additional work as er belo • p w.
To include the installation of an additional 4" .PVC Conduit to be bored at the sam '
& :running. parallel to the earlier a roved conduit. as a location pp per the attached & approved plans.
This additional conduit shall be owned & operated and maintained b Count of Kern Permit #Ofi99-NDP-0157. Y Y under
3. Due to the additional work, Item 2 of AUTHORIZED CANT RACTORS In the original permit
#0698-NUT-0343 is modified to read as:
A Deposit of $420.00 for inspection by CALTRANS Field En ineer. Th '
of review time and 5 hours of Caltr g e deposit allows for 1 hour ans inspection.
Except as amended, all other terms and provisions of the original permit shall remain in effect.
RSC(3), (o} APPROVED: cc. D0, RWV, STM (2)
Cliff Terry (6okersfield) - Permit File #0698-NUT-0343
Permit File' #0699-NDP-0157
ottoch: Plans, copy of Permit #0698-NUT-0343 Burt Bohn Director District 6 - Centrol Re ion BY:
Roy Chopro P.E., Permit Engineer
Phone: (805} 862-5180
,Kevin 1. Brodie, ief ~ Per it Bran h
NAME: City of Bokersfield
PERMIT 0698-NUT•0343 DATE: Moy 7,1998
G II. AUTHORIZED CONTRACTORS:
Your prime contractor will be issued an encroachment ennit to do the w
of following items to the Office of Permits De ar p ork upon submittal p tment of Transportation, 1352 West Olive Ave.,
P.O. Box 12616, Fresno, CA 93778, Ph: (209} X88-4058.
1. A Standard Encroachment Permit Application.
2. Deposit of $280.00 for inspection by CALKS Field En 'neer. The '
of review time and. 3 hours of Caltrans i ~ deposit allows for 1 hour nspectlon. If less hours are used, the Contractor will
be refunded the difference. If more hours are re uired, the Contractor ' difference. q will be billed for the
In accordance with Item 4, any Contractor or Sub Contractor not name
the Permittee's A roved Contractor's List is r din this permit or , p, equired to apply for and obtain an encroachment permit pnor to starting work in the State right-of-way.
III. THE WORK INCLUDED IN ~ THIS PERMIT WITHIN THE STATE RIGHT•O~W
ACCOMPLISHED IN STRICT -ACCORDANCE WI AY SHALL BE TH .THE ATTACHED "DEPARTMENT QF
TRANSPORTATION. ENCROACHMENT .PERMIT GENERAL. PROVISIONS TR-004 ~ GENERAL AND THE .FOLLOWING IN PA 5 REV 819 IN
RTICULAR:
Item 7. Standards Of Construction and the following:
SURVEY MONUMENTS: In addition to the requirements of De artment of Tr ' Standard Spe ' 'cations ]ul 1995, Section 7-1.11 "Pr p ansportatlon
Business and Pr y ~ enervation of Property" and Section 8771, ofessions .Code, the permittee shall physically inspect the work site .and 1
aurvey monuments prior to commencement of work. Monuments shall ovate
in accordance with the r uiremen ~ referenced or reset eq is of the Business and Professions Code.
PIPES CONDUITS & UNDERGROUND FACILITIES: Pi '
' pes, conduits and underground facilities within the State right-of-way shall be installed in accordance with th '
.portions of Caltrans Standard S ' 'cations ~ 1 e applicable
throw h ~ ~ l y 995, and the attached .sections UG1 g UG22, ~ Caltrans Encroachment Permit Underground Utili Provisions TR-016 (revised 11197}. ~ 3
CABLES AND CONDUITS: All conduits and cables loc ated within State Highway nght of
way shall have a minimum cover of 36 inches.
Item 9. Permit At Work Site
Item 12. Pedestrian And Bicyclist Safety
When the work area encroaches u on a sidewalk walkwa P y, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fenan han '
and bridges, together with warnin and idanc drails
e devices and signs must be .utilized so that the assa ewa for g ~ p g y pedestnans, especially blind and other physically handica ed, is safe
and well defined. pp
Item 13. Protection • Of Traffic and the .following:
CONSTRUCTION SIGNS: Permittee shall install and maintain construction z n '
.whenever work is being performed within the State ri ht-of-wa , o e signs S Y
LANE CLOSURE: Whenever there is work within six feet of
shall close the lane b 1 a traffic lane, the permittee y p acing appropriate advance signs, flag trees, reflective cones and
furnish all necessary safety devices including flagmen and flashin arrow boards t r
..protect and direct hi hwa traffic in conformance wi g ~ o p operly $ Y th the attached Department of .Transportation Standard Plan No. T-11 'Traffic Control System for Lane Closure On
Multilane Conventional Highways". The full width of the traveled wa shall be o en f
y p ed or
Poge 2 of 4 ~ I
NAME: Cary of 8okersfield
PERMIT 0698•NUT-0343 DATE: Moy 7, 1998
problem. Equipment and vehicles shall be placed as far from the ed a of possible. g traveled way as
Work shall be left in a clean, well oomed condition as
Ins ector. Location mark r ~ du'ected by Caltrans Engineer or p e s are to be placed near the right-of-way as possible.
Any work not covered by plan or conditions of this permit shall be com feted i
with current Caltrans Standards as directed b Caltrans Fiel p n accordance y d Representative.
All Personnel working within the State Highway right-of-way shall wear the re uir vest, jacket or shirt. q ed orange
If at any time the Permittee's installation become in conflict with an a ansion
improvements of the State highwa facilities, the Permittee wi y ~ or Y 11 relocate or lower, as the case may be, the conduit or other facilities as required by Caltrans at the ex erase of the
Permittee and with no cost or other clauns to Caltrans. p
CONFLICT WITH STATE CONTRACTS: If for any reason this work comes in confl' '
work in progress under State Contract and both o erations lct with p cannot be accomplished at the same time, the State Contract work shall take recedence.
p
ANY CHANGE OF SCOPE OF WORK FROM THE APPROVED PLANS, WITHIN CALTRANS
RIGHT•OF-WAY, REQUIRES AN APPLICATION FOR THE CHANGE AND ISSUANCE ENCROACHMENT PERMIT RIDER PRIOR TO ANY OF ~
WORK CHANGE BEING ACCOMPLISHED.
CONDITIONS: Beginning work on this rmit constitutes full Pe agreement and acceptance of all
conditions mentioned above.
Poge 4 of 4
STATE OF CALIFORNIA, CErART1~tENT OF TRANSPORTATION Specifications for traffic control s stems. Th ENCROACfI~tENT PER,1fIT GENERAL PROVISIONS y esc General Provisions
TR•00•t5 (REV. 10/93) are not intended to impose upon the perrnittcc, by third parties, any duty or standard of cart, greater than or different from, as required
1• AUTHORITY: The Department's authority to issue encroachment by law. permits is providod under, Div. 1, Chpt. 3, Art. I, Sect. 660 to 73•t of 15. biINIhlUltii INTERFERENCE WITH TRAFFIC;
the Streets and Highways Code. plan and conduct work so as Permittee shall
inconvenience to the traveling public; attraffice shall possible Z, REVOCATION: Encroachment permits are revocable on fi~~e days unrcasonabl dela ed. ~ be
notice unless othenvrse stated on the permit and except as pros~ided place properly attired fl ~ ~ canto sttonal tughways, permitter shall by la~v for public corporations, franchise holders, ~d r() op or warn the traveling public and utilities. These in compliance with the Manual of Traffic Controls and lnstn,ctio~ to
General Provisions and the Encroachment Permit Utility Pros isions Fiagoers Pamphlet. -arc subject to modification or abrogation at any time. Permittees
joint use agreements, franchise right, reserved rights or any other 16. STORAGE OF EQUIPMENT AND MATE
agreements for operating purposes in State highway nght of way are material storage in State right of way shall c~omLl • Ewuipment and e.~ceptions to this revocation. Specifications, Standard Plans, and S ial Provisio y ith Standard
permittee places an obstacle within 3.63 m (lZ~ feet off tlientravel~ 3• DENIAL FOR NONPAYI`IENT OF FEES: Failure to pay permit way, the permittee shall lace rem mi ' ~
fen when- due can rault in rejection of future applicanons and P pow iing ~YPc K)• denial of permits. 1?. CARE OF DRAIlYAGE: Permittee steal '
I provide alternate drainage
4• ASSIGNMENT: No other than the -for., any work interfering with an existing drainage facility in PAY permittee or permitter s compliance with the Standard~Specifications, Standard plans and/or authorized agent is allowed to work under this permit. as directed by the Department s representative.
S• ACCEPTANCE OF PROVISIONS: Permittee understands and 18. RESTORATION AND REP
agrees to accept then General Provisions gad all attachments to this is ~ RIGHT OF ~VAY: Permittee permit, for any work to be performed under this permit. responsible for testoruion and repair of State highway right of
way resulting from perntitted work (State Strxts and Highways 6, BEGIIVIVING OF tiVORK: When traffic is got impacted (see Sections. 670 et. seq.).
Number 3S), the permittee shall notify the Department's 19. RIGHT OF WAY CLEAN UP: U a co le '
representative, two days before the intent to start pernutted pernutta shall remove and p° ~ don of arork,
work Permittee shall notify the Department s Representative tf the materials, etc. off the ri ht ofdwa~Tbe ~ u~' brush, timber, rl► is to be interrupted for a period of five (S) days or more, unless shall be as it was before work started, ae~hetia of the highway otherwise carted upon. All work shall be performed on weekdays
during regular work hours, excluding holidays, unless otherwise 20. COST, OF WORK: Unless stated in the
specified m this partite written fit' agreement, the Pmt. or a se permittee shall bear all costs incurred for work
STANDARDS OF CONSTRUCTION: ,the ,State right of way and waives all claims for All work performed v~•rthtn indemnification or contribution from the State, highway right of way shall conform to recognized construction
standards and current Department Standard Specifications, 21. ACTUAL COST BILLING: When a 'fled in ' Department Standard ,Plans • High and Low Risk Facility Department wi~I bdl ~ permittee actual~costs at the ' die
~eficanons, and Utility Special„Provisions. Where reference is hourly -rate for encroachment emits. qtly ~
to Contractor and Engineer, these are amended to be read as ~ "Permitter and Department representative " 22 AS-BUILT PLANS: When aired, 'tree steal .
i'~9 , P~ I submit one (I) set of asbuilt plans in compliance with Department's nquiremeats. 8. PLAN CHA~N'GES: Changes to plans, specifications, gad permit Plans shall be submitted within 30 der aft
provisions are not allowed without prior approval from the State approval of work ~ ~ ~ ~ ~ completion and representative.
9. INSPECITON' AND APPROVAL: As•Built Plans or aaompanying correspondence steal! not inclade
All work is ~ subject to disclaimer statements of gay kwd. Such statements shall constitute monitoring and inspection. Upon completion of work, perrtuttee shall non-compliance with .these visions. F ' '
nest a final inspection for acceptancx and approval by the and. signed As-Built plans shall because for bond pt0`vide complete partment. The local agency pernuttee .shall not give final b the or deposit retention
construction approval to its contractor until final acceptance and X Department. approval by the Department is obtained. ~ 23. PERMITS FOR RECORD PURPOSES ONLY: When work in
right of way is within an area under a Joint Use Agreement (JUA) or 10. PERI~'IIT AT WORKSITE; Permittee shall keep, the permit a Consent to Common
package or a copy thereof, at the work site and show it upon request is iss>ud to ~t mnittxs forg~eeerr ant (CCUA), a fee exempt permit
to an De artment rc raentative or law enforcement officer. ~ P ~ of providing a notice and Y P P If the record of work. The Permittee's prior right shall be preserved permit package is not kept and made available at the work site, the without the intention of creating new or different ri r
work shall be suspended. obligations. "Notice and Record Pu rposes Only" shall be s~ o
across the. face of the pernut. I1. COh'FLICTLI'G ENCROACHMENTS: Permittee shall yield start if work o ongoing, prior authorized, work adjacent to or within the 24. BONDING: The permittee shall file bonds '
mats of the project site. When existing encroachments conflict with amount set b the De m advance, m die
new wail;, the pesmittx sh~I bear all cost for rcarran ements, y Partment. Failure to ttiaiataia bond(s) in fall (e.g., relocation, alteration, removal, tic.).- g force and effect wilt result is the Department stopping of all work and Woking perniit(s). Bonds are not required of public
corporations. of privately owned utilities, unless permittee failed to 1Z. PER►1~IITS FR01~I OTHER AGENCIES: This permit is invalidated tom I with the
if the permittce has not obtained all permits necessary and required sure y tom is~res ionsible for ditions under a prior permit. Thc b law, PAY Po any latent defects as provided m
Y from the Public Utilities Commission of the State of California Code of Civil Procedures, Section 331.15. Local a eacv California (P(,1C), California Occupational Safety and 'Health permittee shall tom I with
Administration (Cal-OSHA), or an other ublic a en • • P Y requirements established as follows: in Y p g cy having recognition that project construction work done on State property will jurisdiction. not be directly funded and paid by State, for the u ose of
I3, PEDESTRIA.~' AND BICYCLIST SAFETY: A safe protecting stop notice claimants and the interests of State lrc~ Live to
mrrumum successful ro ect tom lotion, passageway of I? I meter 4' shall be maintained throuo P I P the local agency Puttee agrees to O .h the work require. the construction contractor furnish both a payment and area at existing pedestrian or bicycle facilities . At no time shall performance bond in the local agency s name with both bonds
pedestrians ~ diverted onto a portion of the street used for vehicular complying with the requirements set forth in Section 3.1.0? of State's
traffic. At lo<•acions where sate alternate passageways cannot b~; current Standard Specifications before rfo i pro~~ided, appropriate signs and barricades shall be installed at the construction work. Thc local a enc ~ ~ rig ~Y Prof
limits of construction and in adti~ance of the limits of construction at indemnify,. and hold harmless the Stateyi offerers and emdloend, the nearest crosswalk or intersection to detour pedestrians to from all. project construction related claims by contractors and ~aU
facilities across the street. stop notice or mechanic's lien claimants. The local a enc also
g Y agrees to remedy, in a timely manner and to State's satisfaction, any I4. PUBLIC TRAFFIC CONTROL: As required bylaw, the permittee latent defects occurring as a result of the project construction work
shall pro~•ide traffic control protection warning signs, li~~ ts, safety devices, etc., and take all otl~rr measures necessary for traveling 25. FUTURE MOVING OF INSTALLATIONS: P'ermitta understands
public's safet}•. Day and night time lane closures shall comply with and agrees to rearrange a permitted installation upon request by the the Manuals of Traffic Control,, Standard Plans, and Standard Department, for State construction, rcconstniction, or maintenance
i :'!T'% OF CA,Z,IrOR,r,Zp .DEPARTMENT OF TRA.~ISPORTATION
ENCROA PERMIT UNDERGROUND
TR • 0163 (Rev,11144 PROVISIONS
UG1 Crossing Roadway by Boring and Jackin or 1`unnelin ; using and/or from the top of pavement in order to fill
g S any voids caused by the work covered under this
The increments for grout holes inside the i e permit. .Pipes shall normally be bored and jacked or tunneled underneath 2.43 meter 8' stn p p shall be
pavement without disturbing same. Pavement or roadwa shall not Bgered and located 22-112 degrees Y from vertical axu of the casing. Pressure shall not be cut unless specifically allowed by the permit. Service pipes exceed 34.41kPa S si
will not be petmiaed inside of culverts used as drama a structures. (P g) for a duration sufficient to fill
g al! voids. Schedule of contractors work hours shall be subtniaed prior to the
start of work. F. The installation of m ' ultiple caswgs shall be installed aith
a minianum of 1.1R diameters clearance between Caltruis will allow the installation of UncasedHlgh-pressure casin s, but not 1
Natural Gas Pipeline Crossings in specific circumstances, at g ~ ~ 45.12 centimeter (18
locations where the specific conditions of Memorandum The clearance betty
"Exception to Policy" (see Appendix H} dated October 31, 1994, een casings crossing freeways shall be
signed by R.P. Weaver, De u Director of Pro'ec ~'o C2) diameters minimum, but not less than 60,96 pry ~ t Development, centimeter (24 can be met.
G. The casings placed within freeway right-ofway shall
All bores shall be .accomplished by the dry•bore method. Other extend to the access contr '
methods of born are robibited unless of lines. 8 , p specifically approved by the Department s engineer. 8entontte may be used as a lubricant ~ H, qr~ .
onl , g cuaers, if used, shall be a mazunum of 2.54
y centuneter (1 larger than the casin .Voids g caused by the use of wing cutters shall be grouted in accordance
Casing shall be a steel conduit with a minimum inside diameter with "E" above.
sufficiently larger than the outside diameter of the pipe or ducts to accommodau placement and removal. The casing can be either I. A band welded to the leadin ed e o
Steel Pipe, New, Used or with approved connector system. If it is ~ laced 8 B f the casing should
a Used pipe, it shall be a roved b the De a p square to alignment. The band should not pp y p rnnent's engineer or be placed on the bosom edge. Flaring the lead section on
representative before installation. bores- over 30.48 meter 100' ( )shall not be permiaed.
Casin s: J
. All casing lengths shall equal to the auger length. ,,y
A. ~ A11 pipes 15.24 centimeter ~6") or larger in diameter K, . The casings .within conventional highways shall extend
shall be placed within a steel casing. Installation of 1.S2 meter S' multiple pipes or ducts, re ardless of diameters Obeyond the back of curb or pavement, or
g ,shall to the right of way line if less. Where PCC cross- tur require a steel casing. exists, the casin shall extend at 1 ~
6 east 1.52 meter {S'} beyond .the back of the cross-gutter, or to the, right of
B. Minimum wall thickness for steel pipe casing for wa line if less.
different sized pipes areas follows: Y
Bore pit and receiving pit normally shall be: Minimum .Walt Thickness
A. Located at least 3.04 -meter (10') or more from the ed e
Casin Pi to 46 Meter Over 46 Meter g of pavement on conventional highways in rural areas.
1S.24cm to 11.11cm 0.63cm 0.63cm B. Located 1.52 meter S' beh'
(6" tQ 28 (114 114" O ~ the concrete curb or AC ( ) dike on conventional highways in urban areas.
16.2cm to 96.S2cm 0.95cm 1.27cm
CJO" to 38 {318 (111 C. 1.52 me 101.6cm to 152.4cm 1.21cm 1,9c ter (5 }outside the toe of slope of embankment
(40" to 60 l n" m areas. t ) (3/4 )
157.48cm to 182.88cm 1.9cm 1.9cm D. Located outside freewa ri
(62" to 72 (3l4 (314 Y ght of way.
E. Adequauly fenced andlor have a Type•K barrier placed C. Spiral welded casing is not authorized. wound them.
D. The ends of the casing shall be plugged with ungrouted F. Ade uatel shored in
bricks or other suitable material approved b Caltrans' 9 Y accordance with Cal-OSHA , Y requirements. Shoring for. jacking and receiving pits representative. located within 4.51 meter 1 S' of
( ) traffic lanes on a state
highway shall not extend more than 91.44 centimeter E• When required by the Deparoment's representative, the (36" above the ave
p went grade unless otherwise pcrmiaee shall at his expense, pressure grout the area authorized by De artment's re '
between the pavement and the casing from within the sha 1 p presentative. Reflectors I be affixed to the shoring on the sides facing traffic.
~ Dona
~
STA'f~OF CALIFOR'~IA • DEPART;~~~1'I' OF TRANSPORTATION
ENC~tOACHMENT PERMIT UNDERGROUND PROVISI ONS TR • 0163 (Rev. 11194)
If the trees involved are close together and of such size that it is UGI6 impractical to protect all roots over 1.62 centimeter (3 in Pavement Remova •
I. diameter, or when roots are less than 10.16 centimeter (4 in Pavement to be removed shall be saw cut at a ' '
diameter, outside tree drip line, special arrangements may be made 10.16 centimeter 4" to v' mmunum depth of whereby pruning of the tree tops to balance the root loss can pro ide a neat and straight pavement
be break along both sides of the trench. AC pavement shall be saw done by the permittee under the close supervision of the District cut to the full depth.
Landscape Specialist or District Tree Maintenance Supervisor.
Manholes shall not be installed within 6.09 meter (20') of any Where the edge of the trench is within 0.
60 meter (2) of existing curb and gutter or pavement edge, the asphalt concrete pavement
between the trench and the curb or pavement edge shall be UG10 removed.
Pipes Along Roadway:
Pipes and conduits paralleling the pavement shall be located as UG17
shown on the plans of located outside of pavement as close as Maintain Access: possible to the rights-ofway. Rthere facilities exist , a minimum sidewalk '
and bikepath width of
1.21 meter (4') must be maintained at all times for safe passage UGI1 through the work area.
Borrow and Waste:
Borrow and waste will be allowed within the work limits only as UGl8 specified in the permit. Sides of Open•Cut Trenches:
Sides of open cut trenches in paved areas shall be kept as nearly UG12 vertical as possible. Trenches shall not be mo
Markers: 'wider than re the 0.60 meter the outside diameter of the pipe to be laid therein,
The permittee shall not place any markers which create a safety plus the necessary width to accommodate shot' hazard for the traveling public or Departmentai employees. mg'
UG19
`UG13 Excavation Under Facilities:
e~thodic Protection: , Where ii is necessary to excavate under existing curb and guaer, The: pnittee shall perform stray current interference tests on or under round ' ' ' '
g facilities, the void shall be backfilled with two (1} underground utilities under cathodic protection. The permittee sack cement-sand slu
m• shall notify the Department prior to the tests. The permittee shall
pe~orm any necessary corrective measures and advise the UG20
Department. Permanent Repairs to PCC Pavement: .
Repairs to PCC pavement shall be made of Portland cement UG14 concrete containin a m' ' '
Tie-Backs. 8 inimum of 298.46 kilogram (6S8 lbs or 7 - sack) of cement per 0.91 cubic meter (cubic yard). Replacement
A. Tiebacks shall be placed for the sole purpose of PCC pavement shall equal existin avement thiCkitess. 8 P The
supporting shoring and/or soidier piles placed outside concrete shall be satisfactorily cured and rotected from State highway rigbts•ofway to facilitate permittee's disturbance for not less tha p
n forty-eight (48} hours. Where excavation. necessary to open the area to traffic, no more than two 9b
C2 ) percent by weight of calcium chloride .may be added to the mix
B. Tiebacks shall be disconnecud from the shoring and/or and the road opened to traffic after six 6 hours. soldier piles one (1) year prior to releasin the bond. ( )
8
UG21 UG1S Removal of PCC Sidewalks or Curbs:
Installation by Open Cut Method: Concrete sidewaUcs or curbs shall be saw cut to the n
When the permit authorizes installation by the open cut method, no marks and re laced a ual in dimensi Barest score mote than one lane of the highway pavement shall be o n-cut at p q onto that removed with score
pe marks matching existing sidewalk or curb. any one time. My exceptions shall be in writing by the
Department's representative. After the pipe is placed in the open UG1Z
section, the trench is to be backfilled in accordance with Spot;
specifications, temporary repairs made to the surfacing and that No earth or construction materials are to be dragged or scraped potion opened tIo traffic before the pavement is cut for the next across the highway pavement, and no excavated earth sba 1
1 be section. placed or allowed to remain at a loca ' '
If, at the end of the working day, backfillin o orations have not tion where it can be tracked
been ro rl c g. p on .the highway traveled way, or any public or private approach by p pe y ompleted ,steel bridging shall be required to make the peraaittee s construction equipment, orb traffic enterin or the entire highway facility available to the traveling public. The leavin the bi hwa traveled wa y g
pavement shall be cold planed to a de th uai to the thickness to g g Y Y• ~Y excavated earth or mud so
P eq tracked onto the highway pavement or public or private approach the plating and to a width and length equal to the plating shall be immediately removed b the rmittee.
dimensions. Y Pe
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,LIC ADO ~ ~ R1,~S ~~P~R?'df~'NT
PROPOSAL
FOR
TRAFFIC SIGNAL, INTERCONNECT INSTALLATION ON
TRUXTUN AVENUE: N STREET TO BEALE AVENUE
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only ersons or arties inter
p p ested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or co cation•
examined the location of the ro osed w ~ , that he has carefully p p ork, 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 Ci of Bak
form of contract hereto annexed to tY ersfield, in the prescribed 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 ands ecifications f
in the office of the Finance Director of the Cit of p or the above, filed y 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 '
therefor the unit rites or lum sums set take m full payment
. P p forth in the following schedule: The undersigned further agrees that in case of default in executing the required contract with ne •
ten (10) days, not includin Sunda after hav' ~ cessary bonds, within g y, ing 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 Cit of Bakersfield.
Y NOTE:The Contractor shall submit bids for the base bid plus the Additive Alternate 1 bid items. Howev er, the award of
the contract shall be based solely on the Total Base Bid. Either the base bid, or base bid lus the Additive
1 bid option will be considered for award. The Additive Al p Alternate ternate 1 bid Is subject to the review and acceptance or rejection
by the County of Kern. 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. 5650 LF Traffic Signal Interconnect (4" Multiduct conduit
3. 155 LF Traffic Signal .Interconnect (3".Blank PVC)
4. 840 LF Traffic Si nal Interconnect 2" Blank PVC
Total Base Bid $
AI)1)I'1'tVh: Al:l'h:KNA'C[~;1(1'I'N;MS 1-4 AkL NUN N'N;UN:kAI. All) l'1'E ' MS)
ITEM ESTIMATED UNIT OF ITEM UN[T PRICE
N0. QUANTITY MEASURE EXTENSION (in figures) PRICE
(in figures) ~ • 1 LS Finishing Roadway
2. 5630 LF Traffic .Signal Interconnect 4" Multiduct co '
( ndult) 3. 185_ LF Traffic Signal Interconnect (4" Blank PVC
4. 210 LF Traffic Si nal Interconnect 3" Blank PVC
Total Additive Alternate 1$ Bidder's Signature Total Base Bid + Additive Alternate
1$ Bidder acknowledges receipt of the following addendum:
Clearly list any and all addenda numbers received on this project, above and on the low
er left hand corner of the sealed bid return envelope.
Company
Address
P.O. Box
City, State, Zip Code
Telephone Number
License No./Expiration Date TfIE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 1 of 1
~,2-~
TRAFFIC SIGNAL• INTERCONNECT INSTAL
TRL'XTUN AVEN CATION ON UE: N STREET TO BEALE AVE~•UE
The Extension Price has been calculated by multi 1 in the Esti
sum items, the Estimated uan ' p y g mated Quantity by the Unit Price. In the case of lum
Q tety shall be unity. The Bid Total is the sum of all Extensio P in case of any discrepancy between the Unit Prices and n .Prices. Bidder agrees that
the respective Extension Price(s) and/or the Bid Total the Price(s) shall prevail, and the bid submitted shall be the correctl c ~ Unet
y omputed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintel legible or omitted, then the amount set forth in the
Extension Price column for the item shall be use d to determene the correct Unit Price in accordance with the follow'
eng•
(1) As to lump sum items, the amount set forth iA the Extension Pric e column shall be the Unet Price.
(2) As to unit basis items, the amount set forth in . .
the Extension Pace column shall be deveded by the estimated uan ' for the item and the price thus obtained shall be the Unit Price, Q tety
LIST OF SUBCONTRACTORS
Ali persons or parties submitting a bid proposal on the ro'ect shall coin 1
the location of the mill sh or p ~ p ete the following form, setting forth the name and
oP office of each r who will perform work or labor or render servi ui or about the construction of the work or improvement in excess of one• ~ to the Contractor
total bid, or TEN THOUSAND half of one percent (0.5 of pie Contractor's DOLLARS ($10,000), whichever is greater, and the rtion of thew '
done by each subcontractor..This list is to be coin feted and subm' po ork which well be P etted with said bed proposal.
Subcontractor's Name and Street Address (Ci ,State Zi Description of portion
ty P) of work subcontrac ted
~ P~2 ~
PROFOSAL FtJR: TRAFFIC SIGNAL INTERCONNE
CT INSTALLATION ON TRUXTL'N AVENUE: N STREET TO BEALE AVENUE
Accompanying this proposal is
(NOTICE: Insert the words "cash ♦ "cashier's check," "certified " ' ~ "
check, or bidder s bond, as the case maybe}, in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as rinci als are as f
P p ollows:
IMPORTANT NOTICE: If bidder or their interested person is a co ration star r'po a legal name of corporation, also
names of the president, secretary, treasurer, and manager thereof; if a co artnershi state t names of all individual co artners com sin fi p p' rue name of firm, also
P po g rm; if bidder or other interested person is an individual, state first and last names in full.
• ~ • • • • • • • • e • • • • • • • • • • . • • • • • • • • • • • • • • • • • • ♦ • • • • • • ♦ • • • • • • • • • • • • • • • • • . • • e • • • • a •
• • • • • • • • • • • • • • • • . e • • • • • o • • • • • • • • • • o • • . • • • • • • • • • • • • • • • • • • ♦ • • • • • • • • • • • • • • • • • •
• • • • • • • • • • • • • . • • • • • • • • • • • ♦ • • • • • • • • • e • • • s • • . • • • • o • • • • • i • ♦ • • • • • • • • • • • • • • • • • • •
Licensed in accordance with an act providing for the registration of
Contractor's License Number: .
Sign Here:. • .
Signature of Bidder
NOTE--If bidder is a corporation, the le al name of the co ' g rporation shall be set forth above together with the signature of the officer or .officers authorized to sign contracts on behalf of the co ration• if bidder '
name of the firm shall be set forth above to ~ is a copartnership, the true
gether with the signature of the partner or partners authorized to sign contracts in .behalf of the copartnership;. and if bidder is an individual, his si ature shall be
signature is by an agent, other than an officer ~ placed above. If 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 rior too nin bids or P pe g submitted with the bid;
otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address : .
Telephone Number .
Place of Residence: .
Dated:
'P ~ .
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 litic and co rat
Po rpo a of the State of
California, in the sum of dollars
. to be paid to
said City, for which payments, well and tnily 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 CONTRALTO
RS attached hereto, is accepted by the
Council of said City and if the above bounden principal, heirs, executors adm' '
inistrators, successors and assigns
shall duly enter into and execute a contract to constru ' ct said unprovements aforementioned, and shall execute and
deliver the two bonds required by law, within ten days (not includin Sunda fr
g y) om the date of a notice to the above
bounden principal, that said contract is ready for. execution, then this obli ation s
g hall become null and void, otherwise _
it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands. and '
seals this any o f , 19 .
(Seal)
(Seal) .
(Seal)
Page 1 of 2
~ P ~
STATE OF CALIFORNIA )
ss. .
COUNTY OF ~
On ,before me,
personally appeared
Personally known to me
Provided to me on the basis of satisfactory evidence to be the rson s wh s
sub Pe o e name(s) is/are scribed to the within uistrument and acknowledged to me that helshe/they executed the same
in hislher/their authorised capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or he entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and affixed my official seal
Signature of Notary
- - OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relyin on the document and could
g prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[]INDNIDUAL
[]CORPORATE OFFICER
Title or Type of Document
Title(s)
[]PARTNER(S} IMITED
[GENERAL Number of Pa es
g
•
~~ATTORNEY-IN-FACT
L~'I'RUSTEE(S)
OGUARDIAN/CONSERVATOR
OTHER:
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES}
Signer(s) Other than Named above
35 ~ P(t--~
TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
DEBARMENT AND SUSPENSION CERTIFICAT ION
The Bidder, under penalty of perjury, certified that, except as noted below helsh therewith in the capacity of owner, .partner, director officer a or any person associated
,manager:
Is not currently under suspension, debarment, voluntary exclusion, or determinati
ineligibility by any federal agenc ; on of Y
Has not been suspended, debarred, voluntarily excluded or determined ineli ible b an federal agency within the past three (3 j ears; g y Y
Y
Does not have a proposed debarment pending; and
Has not been indicated, convicted, or had a civil judgement rendered a ainst it b a c competent jurisdic#ion in any matter involvin fraud g Y ourt of
g or official misconduct within the past three (3) years.
If there are any exceptions to the Certifications, insert the exceptions in the followin g space:
Exceptions will not necessarily result in denial of award, but will be considered in ' '
responsibility. For an exce tion noted ~ ~ determirnng bidder Y p above, indicate below to whom it applies, initiating agency, and
dates of action.
Note: Providing false information may result in criminal rosecution or ' '
P admm~strattve sanctions.
The above Certification is part of the Proposal. Si nin this Pro osal '
9 9 p on the signature portion thereof shall also constitute signature of this Certifications.
Signature of Contractor
Page 1 of 1
~
CERTIFICATE OF ASSURANCE WITH REGARD TO PARTI
DIS CIPATION BY ADVANTAGED BUSINESSES IN SUBCONTRACTING
(Complete and submit with Proposal)
Contract No.
P I Y. It is the policy of the City of Bakersfield that disadvanta ed busin e 23) shall 9 sses (as defined m 49 CFR Part
have the maximum opportunity to participate in the performance of ro'ects fi
Federal funds. The disadvanta ed p 1 nanced ~n whole or in part with g businesses requirements of 49 CFR Part 23 apply to this a reement
and the work to be performed pursuant to this agreement. g
B I AT_IQN. Contractor agrees to ensure that disadvanta ed businesses ' shall. have the maxim • • g (as defined in 49 CFR Part 23)
um opportun~r to participate ~n the performance of subcontracts for work financed in whole or in part with the Federal funds provided pursuant to this a re '
shau take all nece and r 9 ernent. In this regard, Contractor scary easonable steps in acx~ondance with 49 CFR Part 23 to ensure that disadvan
businesses have the maximum op ortuni to coin P ty pete for and perform subcontract work. Additionally,
Contractor agrees not to discriminate on the base of -race, color, national on in r ' g , o sex in the award and
performance of subcontracts for work finances, in whole or in part, with the Federal funds '
to this agreement. provided pursuan t
CERTIFICATION. Contractor certifies that:
In accordance with the above described policy and obligation and the rovision "
Goals for This Pro'ect" and p s of Section 2-1.14, DBE 1 Section fi-2, subm~ssron of DBE information, award, and execution of
contract of the special provisions of this contract, affirmative action has been taken to consider disadvantaged businesses forth seek out and
e portions of the work which are intended to be .subcontracted and that such affirmative actions are fully documented in m lour r
available upon request. In addition Ilw Y ecords and are e will take such affirmative action on any future subcontracting
relating to this contract.
Dated
Contractor
Page 1 of 1
~ P~_
NONCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal)
TRAFFIC SIGNAL INTERCONNECT INSTALLATION ON
. TRUXTUN AVENUE: N STREET TO BEALE AVENUE State of California }
)SS:
County of )
,being first duly sworn, deposes and says that
Name
he or she is of
Title Company
the party .making the foregoing bid; that the bid is not made in the interest of r o on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is enuine and not
collusive or sham; that the bidder has not directl or indirec g • • y tly induced or solicited any other bidder to put in
a false or sham bid, and has. not directly or indirectly colluded,. conspired, connived, or a eed with bidder or anyone else to put in a sham bid, or that an one shat ~ any
. y 1 refrain from bidding; that the bidder has not ui any manner, .directly or indirectly, sought by agreement, communication, or conference. with an one to f
the bid price of the bidder or any other bidder or to fix an overhead y ~
y ,profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public bod awardin the contra
anyone interested in the pro sed Contract• that all s y g ct of 1~ tatements contained in the bid are. truce; and, further, that
the bidder has not, directly or indirectly, submitted his or her bid price or an breakdown thereof r
contents thereof, or divui ed information or data y ' o the g relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to an member or a ent
thereof to effectuate a collusive or sham. bid. Under. nal y g
. pe ty 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 an
referred to in the California Public Contract C y offense ode.
Signature of Bidder
Business Address
Telephone No.
Place of Residence
Subscribed and sworn to before me
this day of 19
~ Q ~
Local Assistance Procedure Manual
PS&E Checklist instructions EXHIBIT 12•E
Attachment L
LOCAL AGENCY BIDDER-DB E INFOR;MATIQN .
This information may be submitted with our bid ' ' bidder or the se Y Proposal. If ~t is not, and you are the .apparent low
cond or third low bidder, it must be submitted and received b ' ' ' dater than the time s ecified in th y the adm~n~ster~ng agency no
e s c~a! ~ rovisions.
COJRTE./P.M.: BIDD • ER S NAME.
CONTRACT NO.: ADDRESS:
BID AMOUNT:
S
BID OPENING DATE: DBE GOAL FROM CONTRACT %
ITEM OF WORK AND NAME OF DBE DOLLAR CONTRACT' DESCRIPTION OF WORK OR PERCENT
. . ITEM N0.. SERVICES (Name of DBEs, Certification Nuinbcr, AMOUNT * TO BE and Telephone Number) DBE
SUBCONTRACTED OR MATERIALS DBE
TO BE PROVIDED
Total Claimed S S
Participation oho'
' If l00% of item is not to be performed or furnished b D8 describe
be owned, of item to be orm~ or y E' exact portion, uiclud~ng planned location of work to furnished b DBE
DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and su ' cannot be used to meet goals on federally funded contracts. PPhcrs certified state•funded only
' * * Credit -for a DBE supplier, who is not a manufacturer is limited to 60% of the am
"Disadvantaged Business" (DBE) of the special provisions ount paid to the supplier. (Sec Section
I1V~ORTANT: Na ~ mes of DBE subcontractors and their respective. items of work list should be consistent with then ~ } ed above
ame and items of work in the List of Subcontractors" submitted with onr bid ursuant to the Subcontractors Lis '
tin Law.
Signature of Bidder Date Area Code tel. ~ ) No.
Person to Contact (Please ty or rint
Pe P
Disaibu~on for NHS Projects: (1) Original•Caltrans DLAE for NHS Projects, (2) CopyLocal A
Distribution for non•NHS Projects: (1) Ori final Local A en 8~Y project file 8 g ey project file
DEPT. OF TRANSPORTATION FED D
( BE) MODIFIED DC-0E•19 (REV Q9-1&9S)
i" Page 11.99 ~ February 1,1998
Loca! Assistance Procedures Manual EXHIB
IT 15-H Good Faitb Effort Statement of DBE Participation
GOOD FAITH EFFORT STATE]VIENT OF DBE PAR TICI~'ATION
Federa!•aid Project No. Bid 0 enin Date
P g
Type of Work
The (local agency) established a Disadvantaged Business Ente rise BE
for this rP ~ }goal of , pro~ec~ The Contractor has committed to a goal of ,_,_/o, necessitatin a ood faith
effort statement in accordance with 49 CFR 23.45. Our ro'ect file w g g p ~ s sho 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
l l
/ !
! /
3) Providing written notice to a reasonable number of DBEs seekin their interest in O g
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:
Page 15-35
February 1,1998
1'O .
EXH1B[T 15-H Good F~Ith Et~ort Statement o~ DBE Pnrtici lion Loc'~ Assisbnce Procedures Mnnunl
7) Negotiating good faith with interested DBEs}: $ value of DBE '
~ Bids and one taken}
8} Making efforts to assist interested DBE(s) in obtainin bondin li •
and g g, nes of credit, or insurance;
9~ Effectively using the services of available •
m~nor~ty community organizations, minority contractors groups, local, State and Federal Minority Business Assistance ~n the recru'
and placement of DBE(s): (Name, date of coots i ~tment ct, nformation provided)
Signature, local agency DBE Liaison Officer
Distribution for NHS projects: (1) Original-Caltrans DLAE. (2) Copy • Local A e Pro'
Dtstrtbution for tan-NHS 8 ~Y sect File .projects: (1) Original -Lora! Agerky Project File `
Page 15-36
February 1,1998
.
Locol Assistooce Procedures Manual EXHIt3tT 12- PSdcEChecklist tostructioos E
Attachmeot C
(THE BIDDER'S EXECU770N ON THE SIGNATURE PORTION
PROPOSAL OF THIS SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF
THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL ~ ~ .
EQUAL EMPLOYMENT OPPORTUl11I'T'Y CERTIFICATI
ON
The bidder ro
p posed subcontractor . ~ , hereb certifies that
Y he
has has not participated in a previous contract or subcontract sub'ect to the a ual o ' J q pportun ity
clauses, as required by Executive Orders 10925,111 ~I4, or 11246, and that, where re wired he has filed w' q nth
the Joint .Reporting Committee, the Director of the Office of Federal Contract Com fiance a Federal
P Government contracting or administering agency, or the former President's Committee on E ual
_ ~ 9
Employment Opportunity, all reports due under the a liable fillip ui PP g ceq cements.
Note: The above certification is required by the. Equal Employment Opportuni Re lations of the
~ Secretary of Labor (41 CFR 60-1.7(b) (1)}, .and must be submitted by bidders and ro sed
subcontractors onl in connection. with c • P ~ y ontracts and subcontracts which are subject to the equal.
opportunity clause. Contracts and subcontracts, which are exempt from the a ual o rtuni clause
are. set forth in 41 CFR b0-1.5. q P~ ~ (Generally only contracts or subcontracts of S 10,040 or under are exempt.}
Currently, Standard Form l 00 (EEO-1) is the only report .required by the Executive Orders or their
implementing regulations.
.Proposed prime contractors and subcontractors who have artici ated in a reviou . P p p s contract or subcontract subject to the Executive Orders and have not filed the required reports should note -that
41 CFR 60.1.7(b) (l) prevents the award of contracts and subcontracts unless such contractor
submits a report covenng the delinquent period or such other period specified by the Federal Hi hwa
Adminrstration orb the Director Office of Federal 8 y Y ~ Contract Compliance, U.S. Department of
Labor.
1
2~•=9
~ 7 M
. Febrr~ry 1,1998
Local Assistance Procedures Manual
PS&E Checklist Instructions • • EXHIBIT 11-E
Attachment F
NONLOBBYING CER TIFICATION
FORFEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submittin this bid or ro
knowled a and belief that: g p posal, to the best of his or her g ,
(1} No Federal appropriated funds have been aid or will be ' • p paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or emplo ee of an Federal
a Member of Congress, an officer or em to ee of Y Y agency, p y Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the makin of an F
the makin of an Federal loan then g Y ederal grant,
g Y e tering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract rant loan
• ~g ,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be aid to
influencing or attem tin to influence an offic p anY person for p g er or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Con ress in
connection with this Federal contract, ant loan or coo er g
, p ative 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 laced wh ' was made or entered into. Submission ~ ~ . , p en this transaction
of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. An erson who fails t
certification shall be sub' Y p o file the required sect to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or ro osal that that the lan ua e of this cert' p p he or she shall require
g g ification be included in all lower tier subcontracts, which exceed $100 000 and that all such subrecipients shall certify and disclose accordin 1 . '
gY
12-4-84
Page 12-83
February 1,1998 P ~ l~3
~
EXHIBIT 12-E Local Assis
Attachment G tance Procedures Manual PS&E Checklist instructions
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES .
This disclosure form shall be coin feted b '
p y the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material chap a to
pursuant to title 31 U.S.C. Section 1352. T g previous filing he filing of a form is required for such payment or a reement to
make payment to lobbying entity for influencing or attem tin to influen g
agency, a Member of Con re p g ce an officer or employee of any g ss an officer or employee of Congress or an employee of a Member of Con ress
in connection with a covered Federal action. Attach a continuation sheet for addi ' g space on the form is made uate. C tional information if the
q omplete all Items that apply for both. the initial filing and material chan e report. Refer to the implementing guidance published by the Office of Mana ement a g
additional information. g nd Budget for
1. Identify the type of covered Federal action for which lobb in activit is and/
influence the outcome Y g Y or has been secured to 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-u re material chan a to the information p port caused by a
g previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted re ort b this r
this covered Federal action, p Y eporting entity for
4. Enter the full name, address, city, State and zip code of the re ortin entit . I
District if known. Check p g Y nclude Congressional the appropriate classification of the reporting entity that desi nates if it is
or expects to be a prime or subaward reci lent. Identif the tier g p y of the subawardee, e.g., the first
subawardee of the prime is the first tier. Subawards include but are not limited to sub subgrants and contract awards under rants. contracts,
5. If the or a ' g g nization filing the report in Item 4 checks "subawardee" then enter the full name addre
city, State and zip code of the prime Federal recipient. Include Con ressi ~ ss,
b. Enter the name of the F g oval District, if known. ederal agency making the award or loan commitment. Include at least one
organization level below agency name, if known. For exam le De art
United States Coast Guar p ~ p ment of Transportation, d. 7. Enter the Federal program name or description for the covered Fed '
. eral action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for rants coo '
agreements, loans and loan commitments. g ~ perative .
8. Enter the most appropriate Federal Identif in number ' Y g 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/ ro osal control
number assigned by the Federal a enc .Include refixes - _ _ P p g Y) p , e.g., RFP DE 90 001. 9. .For a covered Federal action where there has been an award or loan commitmen
agenc ,enter the Federal a t by the Federal Y mount of the award/loan commitments for the prime entity identified in
item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobb in entit en
reportin entit identified in ite Y g Y gaged by the g Y m 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full addr
from 10 (a). Enter Last Name F' ess if different first Name and Middle Initial (Ml}.
11. Enter the amount of compensation paid or reasonably expected to be aid b the re '
(item 4) to the lobb in entit item 10 . Indi p Y porting entity Y g Y ( ) Cate whether the payment has been made (actual or
will be made (planned .Check all boxes h ~ tat apply. If this is a material change re ort, enter the
cumulative amount of payment made or fanned to be mad p p e.
12. Check the appropriate box(es). Check all boxes that apply. If a ment is made throu
contribution, s ecif the nature p Y gh an in-kind p y and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, s ecif nature.
p Y
Page 12-86
February 1,1998 .
► L~
Local Assistance Procedures Manual
PS&E Checklist Instructions EXHIBIT 12-E
Attachment G
14. Provide a specific and detailed description of the services that the lob ' byist has performed or well be
expected to perform and the date(s) of any services rendered. Include all re ara
activity not just time s ent in actual conta P p tort' and related p ct with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Members of Con r
15. Check whether g ess that were contacted. or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, rint his/her nam '
p e title and telephone number.
Public reporting burden for this collection of information is estimated to av
including time for reviewin inst erage 30 minutes per response, g ruction, searching existing data sources, gathering and maintainin the data needed, and completing and reviewing the collection of information. Send co g
estimate or. an other as ect of this coil ~ mments regarding the burden
Y p ection of information, including suggestions for reducing this burden to the Office of Management and Budget, Paperwork Reduction Pro'ect 0348-004
20503. ~ ( 6), Washington, D.C. SF•LLL-Instructions Rev. 06-04-90«ENDIF»
Page 12-87 February 1,1998
1 ~
Local Assistance Procedures Manual
PS&E Checklist instructions EXHIBIT 11-E
Attachment C
DISCLOSURE OF LOBBYING ACTT PITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S. C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type;
. a aonbau ~ b. ~o(ferlappGcabon a a~iliai
a 000~°~ a postawan! b. mat~ial dtange
R ~ For Materiel Chan On
~ ~ ~
"ep°rt 4. Nance and Adress of Reporting Entity; 5. ff Re rti
po n9 Enttiy in No. 4 is Subawardee. Enter ❑ SubaMwardee Name and Address of Prime:
Tier , if known
Conip~ionai Diahict, n1►mown: Congroasiorml ~ • District, Down.
6. Federal DepmtniendAgency; T, . Federal Program NamelDescripdon.
CFDA Number, if appli~ble
8. Federal Action Number, if known: 9. Award Amo
unt, d known:
10, a. Nance and Address of lobbying En tih► b. Individuals Performing Setrvices (indu~ address if
rd individual, last name; first name, MI): ~'ffenent from No. )Oa ~ 1
(lastname, fastname, Mq:
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply}' 13. _ Type of Payment (check all that aPPIY}
S ❑ actual planned . a. retainer
1Z. Form of Payment (check all thata~~~y}: b. one-time fee
a. t~sh c. commission
b. in-end; speafy: nature d. contingent fee e. deferred
f. offer,
14. Brief.Description ofServices Performed or to be ormed and Da • ern b s or me ~ ~s} of Sernce, including offrcer(s},
P y~ mber(s} contacted, for Payment Indicated in Item 11:
(mach Continuation Sheet(s) rf necessary)
15. Continuation S~eet(s}attached: Yes No ~ .
16. irdonnatlon requested tlrs roan a wlhonzed by Title 3t U.S.C. Sectlon t~ TMs duaoa~e d bbbying adivitles is a material Signature:
upon whch retranoe was representation d tact plaeoed uY tl'° tler ataove when the h'ansac6on was Print Name: made a entered nb. Ths ~sdosure is requred Pursuant to 31 U.S.C. t352.
This i~arnatlon w~1 be reported to die Congress semi•amu~lyand wi be
avabble nor public inspectlon, llny person who rob to file ~ required dsdosure Title: shat be subject to a dvtl penalty d not less don 610.000 and not mono than
stoo,ooo tar each tai~re. Telephone No.: Date:
F®der~ ~ Au~on~ed ton lordl
Standard Form • lll~~
Standard Forth 111 Rev. Ot-03.95
Page 11-85
February 1,1998 ~~v
AGREEMENT N0.
CONSTRUCTION PROJECTS AGREEMENT
THIS AGREEMENT is made and entered into on
by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein and
a California Co oration Hawaii Cor oraf~on 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), as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR
mutually agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in general, of
" ro'ect" herein , The scope of work shall include all items and rocedures necessa t
P ry o properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the sco a of work or not.
P
The following shall be deemed to be part of this agreement as if fully set forth 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 for under
this Agreement shall consist of a total payment of Dollars $
-which shall be aid as f II p o ows.
The compensation set forth in this section shall be the total compensation under this A reement includin
9 g, but not limited to, all out-of pocket costs and taxes. CITY shall pay only the compensation listed
unless otherwise agreed to in writing by the parties.
~-1
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered, minus a ten
percent (10%) retention, after receipt of an itemized invoice for the work completed and approved b
CITY in accordance with the terms of this A reement. Pa ment y 9 y by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice.
4. WAIVER OF DEFAULT. The failure of any party to enforce against another a rovision of this
Agreement shall not constitute a waiver of that P party's right to enforce such a provision at a later time,
and shall not serve to vary the terms of this Agreement.
5. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally
required for CONTRACTOR to practice its profession.
6. STANDARD OF PERFORMANCE.
All work shall be performed inconformity with all legal requirements and industry standards
observed by a competent practitioner of the profession in California.
7. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract ma be modifie
y d only in a writing approved by the City Council and signed by all the parties.
8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth
in this Agreement and those in exhibits attached hereto, the terms, conditions, ors ecifications set P
forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are
deemed incorporated in this Agreement, whether or not actually attached.
9. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost,
comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which
may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities
relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes,
rules or regulations now in force or which may hereafter be in force.
10. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of
CONTRACTOR as, an independent contractor. CONTRACTOR is not an agent or em to ee of the
PY CITY for any purpose and is not entitled to any of the benefits provided by CITY to its emplo ees.
This Agreement shall not be construed as formin y g a partnership or any other association with
CONTRACTOR other than that of an independent contractor.
11. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the
following types and limits of insurance ("basic insurance requirements"} herein:
11.1 Automobile liability insurance, providing coverage on an occurrence basis for
bodily injury, including death, of one or more persons, property damage and
personal injury, with limits of not less than one million dollars ($1,000,000) per
occurrence; and the policy shall:
11.1.1 Provide coverage for owned, non-owned and hired autos.
11.1.2 Provide contractual liability coverage for the terms of-this Agreement.
40
11.2 Broad form commercial general liability insurance, providin covers e n
occurrence basis for bodil in'u in g 9 o an y j ry, cluding 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 olic shall:
P Y
11.2.1 Provide contractual liability coverage for the terms of this A reement.
g
11.2.2 Contain an additional insured endorsement in favor of the City, its ma or, council
officers, agents, employees and volunteers. Y '
11.3 Workers' compensation insurance with statutory limits and em to er's liabilit
insurance with limits of not less than p Y Y
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 ma or c officers, a ents, em to ees or volunteer ~ Y ouncil,
9 P Y .sand any insurance orself-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and volunteers shall be excess of the
CONTRACTOR's insurance and shall not contribute with it.
Insurance is to be placed with insurers with a Bests' rating of no less than. A:VII. An deductible Y s, 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 rior to execution of this Agreement and approved b the CITY in writin p
Y g.
All policies shall contain an endorsement providing the CITY with thirt 30 da s w ' .
cancellati Y ( ) y ntten notice of on or material change in policy language or terms. All policies shall provide that there shall
be continuing liability thereon, notwithstanding any recovery on any polic . Y
The insurance required hereunder shall be maintained until all work required to be erformed Agreement is satisfactoril com I p by this
y p eted as evidenced by written acceptance by the CITY. ,
The CONTRACTOR shall furnish the City Risk Mana er with a certifi '
9 Cate of insurance and required endorsements evidencing the insurance required. The CITY may withhold pa ments hereunder if
certificates of insurance and endorsements r Y equired have not been provided. '
Unless otherwise approved by the CITY, if any part of the work under thi s Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided b , or on behalf of I
subcontractors even if the CITY Y , a I has approved lesser insurance requirements for CONTRACTOR.
CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form '
suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of
work on the project.
12. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CI
a ents .and em to ees a TY, its officers, g p y gainst any and all Lability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial tribunals of an kind
whatsoever, arising out of, connected with, or caused b Y y CONTRACTOR, CONTRACTOR's
employees, agents or independent contractors or companies in the performance of, or in an wa
arising from, the terms and provisions of this A reement wh Y Y g ether or not caused in part by a party
indemnified hereunder, except as limited by California Civil Code section 2782.
41
s-3
13. EXECUTION. This Agreement is effective upon execution. It is the rod
all parties are equal) res onsible for a P uct of negot~at~on and
Y p uthorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
14. NOTICE S. All notices relative to this A reement shall be iv 9 g en in writing and shall be
personally served or sent by certified or registered mail and be effective u on actual ers
or depositing in the United States mail. The p P onal service 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) 326-3724
CONTRACTOR:
15. FORUM. Any lawsuit pertaining to an matter arisin
Y g under, or growing out of, this contract shall be instituted in Kern County, California.
16. ASSIGNMENT. This contract shall not be assi ned b an g y y party, or any party substituted,
without prior written consent of all the parties.
17. BINDING EFFECT. The rights and obligations of this A reem '
of, and be bindin u on th 9 ent shall inure to the benefit g p e parties to the contract and their~heirs, administrators, executors, personal
representatives, successors and assigns, and whenever the context so requires, the masculine
gender includes the feminine and neuter, and the sin ular number inctud 9 es the plural. This
Agreement may be executed in any number of counterparts, each of which shall be
original and. be effective as such. considered as an
18. TITLE TO DOCUMENTS. All documents, tans and drawl
p ngs, maps, photographs, and other papers, or copies thereof .prepared by CONTRACTOR. pursuant to the terms of this A reeme
upon preparation, become the ro ert of the 9 nt, shall, p p y CITY,
19. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accountin
other written documentation ertainin to II g records and p g a costs incurred. in performance of this Agreement. Such
records. and documentation shall be kept at CONTRACTOR's office durin the term of this Agreement, and for a period of three ears fro ~ 9
y m the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at an time durin re
business hours. Y g gular
20. ,CORPORATE AUTHORITY. Each individual executing this A reement re resen 9 p is and ,
warrants they are duly authorized to execute and deliver this Agreement on behalf of the cor oration
or organization, if any, named herein and this A reement is bin ' p i g ding upon said corporation or organization in accordance with its terms.
42
. 5- ~
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 da and Y
year first-above written.
"CITY"
"CONTRACTOR"
CITY OF BAKERSFIELD
BY~ By:
BOB PRICE Ma or '
Y Title Please Print or Type Name & Title
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
ALAN DALE DANIEL
Assistant City Attorney
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT COUNTERSIGNED:
By: By:
RAUL M. ROJAS ' GREGORY KLIMKO
Public Works Director Finance .Director
43
. 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
OF AWARD 19 ~ DATE awarded to NAME OF CONTRACTOR) , a corporation organized and doin
business under and by virtue of the laws of the State f g o California, hereinafter designated as the
Principal, a contract for the Traffic Si nal Interconnect Installation on Truxtun Avenue: N Street to
Beale Avenue; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithf ul
performance of said contract; and
NOW, THEREFORE, WE, the Principal, and LEAVE BLANK FOR BONDING COMPANY as Sure.
ty, are held and firmly bound unto the Owner in the sum of 100% OF AMOUNT. AWARDED AT
COUNCIL MEETING) Dollars },lawful money of the United States, for the a ment of
which sum, well and trul to be made we bin p y y d 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 Princi '
heirs ' ' pal, his or its ,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 erformed at the time and in the manner therein p
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 brow ht on this bond will
9 , 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 obli a i ' g t on in the
said amount shall hold good fora .period of one (1 }.year after the completion and acce tance of the
said work, durin which time if the. P 9 above mentioned Principal, his or its heirs, executors,
administrators, successors, or assigns shall fail to make full, com lete and satisfa p ctory repair and
replacements or totally protect the said Owner from loss of damage made evident Burin said eriod of one year from the date of acce tan g p
p ce of said work, and resulting from or caused by defective materials andlor faulty workmanship in the prosecution of the work done, the above obli ati n '
g o m the said amount shall remain in full force and effect. However, anything in this pars ra h to the contra
notwithstandin the obli ati n 9 p ry g, g o of the Surety hereunder shall continue so long as any obligation of the
Principal remains.
44
b
And the said Surety, for value received, hereby stipulates and a rees that no chap
9 ge, extension of time, alteration, or addition to the terms of the contract or to the work to be erformed thereun
P der orthe specifications accompanying the same shall, in an wa affect i
Y y, is obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition t
o the terms of the contract or to the work or to the specifications. Said Surety hereb waives the rovi '
Sections 2819 and 2845 of Y p sions of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amounts ecified therefor h p , t ere shall be
included costs and reasonable expenses and fees, including reasonable attorne 's fees inc rr Y u ed by
the Owner in successfully enforcing such obligation, all to be taxed as costs and included in an
judgment rendered. Y
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under t '
this heir seals
day of ,19_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersi ned
representative, ursuant to authorit of its g ' P y governing body.
Principal
(Seal) Signature for Princi al Ti
P tle
Surety
(Seal) Signature for Suret Titl Y e
(Attach notarization form for each required signature.)
Page2of2
45
MATERIAL • LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, the CITY OF BAKERSFIELD, County of Kern, State of California h r ' e einafter designated the "Owner," has, on Date of Council Meetina,_,19 , awarded to Nam
e 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 Pro'ec
~ t Name
and
WHEREAS; said Principal is required to furnish a bond in connection and with said contra ' ' ct, providing
that if said Principal, or any of his or~its subcontractors, shall fail to pay for an materials r ' '
or other su lies used in u on y , p ovisions, pp p ,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 a the same p y to the
extent hereinafter set forth:
NOW, .THEREFORE, WE, the Principal, and Leave Blank for Bondin Com an a
held and fir oo-p-x-' s Surety, are mly bound unto the Owner the penal sum of 50 of Amount Awarded at Council
Meetina 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. a
successors 'ointl and sev rid J y erally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said P ' rmcipal, his or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for-any material, rovisions or other
supplies used in u on for P ' p , 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 Unem to merit Insuran with res ect to -work r p y ce Code
p o labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxa i
.ton Code of the State of California with respect to such work or Labor, as required by the provisions of Cha ter 11 division V Titl
the Government Code of th p ~ e I of e State of California.; or with respect to any work or labor for which a
bond is required by the provisions of Sections 3247 throu h 3252 of the Civ' g it Code of the State of
California,.and provided that the persons, companies, or corporations so furnishin said '
provisions, or other su li g materials, pp es, appliances, or power use, in, upon, for, or about the performance of
the work. contracted to be executed or performed, or any. person who erforms work. or lab r p o upon
same, or any person who supplies both work and materials, thereto, shall have com -lied with
provisions of said Civil P the Code, then said Surety will pay the same in or to an amount not exceedin the amount hereinabove set forth, and also will a i g
p y n case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be .fixed by the court.
6
46
5-~
This bond shall insure to the benefit of the Owners and an and all ersons c Y p ompanies, and
corporations and their respective assigns entitled to file claims under ap licable State law
_ includin ,but not limited to Cali ' ' p ' g fornia Civil Code Section 3181, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereb sti ulates and a r
Y P g ees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be erformed th
the specifications accom an in p ereunder or p y g 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 Suret hereb waives the
provisions of Sections 2 Y Y 819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument '
this under their seals day of ,19_, the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed b its undersi ned re resentative ursuant to a Y g
P , p uthority of its governing body.
Seal Principal
Signature for Principal, Title
Seal Suret
Y
Surety Address & Telephone No.
Signature for Surety, Title
47
~ -
[To be completed by the Contractor, if he elects to substitute securities in lieu of r etention].
ESCROW AGREEMENT
a
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into b and between
whose address is y
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 A
gent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of Californi a, Contractor has the option to
deposit securities with Escrow Agent as a substitute for retention earnin s re uired '
ursuant to the Con 9 q to be withheld by Owner p struction 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. e '
arnings, the Escrow Agent shall notify the Owner within ten (10}days of the deposit. The market value of the ' ' '
securities at the time of the substitution shall be at least equal to the cash amount th
en required to be withheld as retention under the terms of the Contract between the Owner and Contractor.. Securities shall be held in th
e 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, rovided that the Es r ~ ~ ' P c ow Agent hold securities in
the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow A ent in the am '
benefit of the Owner un ' g ount of retention for the til such time as the escrow created hereunder is terminated.
-1-
48
~-1~
4. Contractor shall be responsible for paying all fees for the expenses incurred b Escrow A ent. in admi ' '
Y g nistering the escrow account. These expenses and payment terms shall be determined b the Contractor and E r
A ent. Y sc ow
g
5. The interest earned on the securities or the money market accounts held in escrow and all interest earn
ed on that interest shall be for the sole account of Contractor and shall be subject to withdrawal b Contractor at an
time and from time to time without n i Y Y of ce to the Owner.
6. Contractor shall have the right to withdraw all or an art of the rinci al in the Y p p p Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from Owner to the Escrow A ent that Owner
consents to the withdrawal f g o 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. U on seven
p (7}days' written notice to the Escrow Agent from the Owner of the default, the Escrow A ent shall immediatel
g y convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certi in that the Contract is fin I f Y 9 a and complete, and that
the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow A ent
shall release to Contractor all securities and inter g est on deposit less escrow fees and charges of the Escrow
Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on de osit
and payments of fees and char es. p 9
9. Escrow Agent shall rely on the written notifications .from the Owner and the Contrac '
for pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow A ent harmless from
9 Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the
Owner and on behalf of Contractor in connection. with the foregoing, and exem tars of their res ective p P
signatures, are as follows:
On behalf of Owner: ~ On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
_2_
49
S
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 b their ro er offs
forth above. y p p cers on the date first set
Owner Contractor
Title ~ Title
Name Name
Signature Si nature
9
-3-
50
~ IZ..