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HomeMy WebLinkAbout2001 Special Provisions Project T1K012 T1K013CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS, d SPECIAL PROVISIONS, BID PROPOSAL AND CONTRACT FOR Traffic Si nal and Lighting System Installations on ` g White Lane at Grissom Street and Ming Avenue at Scarlet Uak Blvd BID OPENING: DATE: May 23, 2001 TIME: 11:00 A.M. ' PROJECT NOS.: T1 K012, T1 K013 - FEDERAL PROJECT NOS.: CML-5109066} CML-5109068} a_ - ~ ~ ~ CITY OF BAKERSFIELD ~ ° ~S' ~J 1 ~ ~ r PUBLIC WORKS DEPARTMENT ND ~ ~Q ANNEX BUILDING, 2 FLOOR ~ . .1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 ~ ~ • z. Project Engineer. Robert L Tablet Telephone: (fi61) 326-3996 Filename: S:IPROJECTSIRItIProjects 00-011T1k0131Specs White Grissom Ming Scarlet 2.wpd - y it i ~ - •y i . I I I I j' I  I, ~ TABLE OF CONTENTS PART A r NOTICE TO CONTRACTORS A-1 SECTION 1-DEFINITIONS AND TERMS 1-1.01 General A-3 1-1.02 Definitions and Terms A-4 SECTION 2 -PROPOSAL REQUIREMENTS 2-1.01 General Information A-5 2-1.02 Approximate Estimate A-5 2-1.03 Examination of Plans, Specifications, Special Provisions, and Site of Work A-5 2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities 'A-5 2-1.05 Proposal Form A-5 2-1.06 Bidder's Guarantee A-6 2-1.07 Required Listing~of Proposed Subcontractors A-6 2-1.08 Bid Submittal Items A-6 2-1.09 Omissions in Specifications and Drawings ...1 A-6 2-1.10 Withdrawal of Proposals A-6 2-1.11 Public Opening of Proposals A-7 2-1.12 Relief of Bidders A-7 2-1.1.3 Disqualification of Bidders A-7 2-1.14 Disadvantaged Business Enterprise DBE} . A-7 2-1.14A DBE Goal For This Project A-9 2-1.146 Submission of DBE Information A-9 2-1.15 Federal Lobbying Restrictions A-11 SECTION 3 -AWARD AND EXECUTION OF CONTRACT. 3-1.01 General A-12 3-1.02 Award of Contract , A-12 3-1.03 Contract Bonds A-12 3-1.04 Execution of Contract A-12 3-1.05 Return of Bidder's Guarantees : A-12 SECTION 4 - BEGLNNaNG OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES. . 4-1.01. General A-13 SECTION 5 -GENERAL 5-1.01 State Contract Act Not Applicable A-14 5-1.02 Alteration in Quantity of Work A-14 5-1.03 Control of Work A-14 5-1.04 ..Prevailing Wages A-14 5-1.05 Payroll Records A-15 5-1.06 Labor Nondiscrimination A-15 5-1.07. Apprentices A-15 5-1.08- Trench .Safety A-15 5-1.09 Sound Control Requirements A-16 5-1.10 Permits and Licenses A-16 5-1.11 Working Hours A-16 5-1.12 Laws to Be Observed A-16 5-1.13 Contractor's insurance • • . • . • . • . • , A-16 5-1.13alndemnity A-16 5-1.13binsurance A-16 5-1.14 Contractor's Authority A-16 11 J 5-1.15 Work in City Streets . . A-16 5-1,16 Right of Way A-17 5-1.17 Suspension of Contract . , A-17 5-1.18 Temporary Suspension of Work . . . A-17 5-1.19 Payments A-17 5-1.20 Final Payment . A-17 5-1.21 Increased or Decreased Quantities . A-18 . 5-1,22 Hazardous Materials A-18 5-1.23 Buy America Regirements A 18 5-1.24 Subcontractor and DBE Records A-19 5-1.25 DEB Certification Status A=19 5-1.26. Performance of DBE Subcontractors and Suppliers A-19 5-1.27 Subcontracting A-20 5-1.28 Prompt Progress Payment to Subcontractors A-20 5-1.29 Prompt Payment of Withheld Funds to Subcontractors A-21 5-1.30 DBE Utilization . A-21 SECTION 6 - CONTROL OF MATERIALS 6-1.01 General A-22 6-1.02 Borrow, Disposal and Material Sites A-22 6-1.03 Certificates of Compliance A-22 PA~ FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION- PROJECTS. REQUIRED CONTRACT PROVISIONS (FORM 1273) FEDERAL PREVAILING WAGE PAYMENT INFORMATION DAVIS-BACON WAGE DETERMINATION SHEETS PART C .Y SECTION 7 -GENERAL CONSTRUCTION 7-1.01 Order of Work . . C-1 7-1.02. Obstructions C-1 7-1.03 Maintaining Traffic L , C-2 7-1.04 Existing Highway Facilities C-2 7-1.05 Sawcut Asphalt Concrete Pavement C-3 7-1.06 Remove Traffic Stripes and Pavement Markings C-3 7-.1.07 Remove Roadside Signs . . C-4 7-1.08. Clearing and Grubbing C-4 7-1.09 Dust Control C-4 7-1.10 Roadside Signs C-4 7-1.11 Overhead Signs C-5 7-1.12 Hazardous Waste in Excavation . C-5 7-1.13. Miscellaneous Concrete Construction D-5 7-1.14 Remove Concrete ~.1.......................................: C-6 7-1.15 Traffic, Stripes and Pavement Markings . C-6 . 7-1.15 Traffic Delineation C-6 7-1.17. Pavement Markers . C-6 SECTION 7-2 -.TRAFFIC SIGNALS AND LIGHTING CONSTRUCTION 7-2.01 Foundations C-8 7-2.02 Conduit C-8 7-2.03 Pull Boxes C-8 7-2.04, Conductors and Wiring C-9 i11 7-2.05 Service C-9 7-2.06 Testing C-9 7-2.07 Signal Faces and Signal Heads . C-10 7-2.08 Pedestrian Signal Face LED (Combination Signal} C-19 7-2.09 Luminaries ........................................L...,..,............. C-23 7-2.10 Photoelectric Controls C-23 7-2.11 Controllers, Cabinets and Auxiliary Equipment . C-23 7-2.12 Video Vehicle Detection System . C-23 7-2.13 Guarantee C-24 7-2.14 Payment C-24 PART D PROPOSAL Proposal Form D-1 Bidder's Bond D-4 Certificat of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting . . D-6 Equal Employment Opportunity Certification . . D-7 Noncollusion Affidavit D-8 Debarment and Suspension,Certification . D-9 Nonlobbying Certification for Federal-Aid Contracts D-10 . Disclosure of Lobbying Activities D-11 Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities .....................................1............. D-12 Local Agency Bidder -DBE-Information D-13 DBE Information -Good Faith Efforts D-14 ..PART. E SAMPLE CONTRACT . Construction Projects Agreement E-1 Subcontracting Request (Exhibit 16-B} E-7 Faithful Performance Bond E-9 Material and Labor Bond . E-10 Escrow Agreement for Security Deposits in Lieu of Retention E-11 .Guarantee -Material and Workmanship E-13 Guarantee.- Equipment L E-14 Public. Works Contract Award Information (DAS 140 Form} . . E-15 . . . iv CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on the date indicated on the cover sheet of these special provisions to be publicly opened and read immediately thereafter in the Ci#y Council Chamber, for the following work: Traffic Signal and Lighting System Installations on White Lane at Grissom Street and Min Avenue at Scarlet Oak BI vd g Plans and specifications, and .forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of zero ~$0) for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one X21) days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. This. project has a goal of 16 percent disadvantaged business enterprise ~DBE~ participation. -THIS PROJECT IS SUBJECTTO THE :'BUYAMERICA" PROVISIONS OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCYACT OF 1991. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the. SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications and these special provisions. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work. described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions ..and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit. accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the .form entitled "Escrow Agreement for Security Deposits in Lieu of Retention", included in the Sample Contract section of these special provisions. The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is ,5 awarded. The Contractor shall ensure that all subcontractors are properly licensed for the work they are to perform. The proposed work shall be done in accordance with the Standard Specifications of the' Department of Transportation, Business, Transportation and Housing Agency, dated July,1992, insofar as the same may apply. This project is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor are set forth in the special provisions. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California .Department of Industrial Relations. The Director's schedule of prevailing rates is on - .Y . A-1 file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. . : The City of Bakersfield hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids 'J in response to this invitation. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project,. available at City of Bakersfield, Public Works Department, 1501 Truxtun Avenue, Bakersfield, California and available from the California Department of Industrial Relations' Internetwebsite at http:/Iwww.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in these special provisions, and in copies of this book that may be examined at the City's Purchasing Officer office described above. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to all plan holders. Future effective general prevailing wage rates which have been predetermined and are on file~with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in these special provisions. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications. based on hours of experience} or any other. classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractorand subcontractors, the Contractor and subcontractors shall pay not less than the. Federal minimum wage rate which most closely approximates the duties of the employees in question. A sample contract is included in this bid package. Please review it carefully, this is the contract the Contractor shall be expected to execute without alteration. !f any changes are desired they must be submitfied to the City for approval.. If approved,. the changes will be issued to all prospective contractors. Contractor shall not be allowed to alter or negotiate ,contract language after the acceptance of Contractor's proposal. Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining of a different contractor by the City.. i I i 1 Y i j " Y 3 j s S i A 1 A_2 . . 1 5 ~ ~ ~ ~ 'r 4 CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1-DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. a 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: .City-City of Bakersfield, California. Department of Transportation, CALTRANS -The Public Works Department of the City of Bakersfield. Director -City Engineer. Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract. Standard Specifications -Standard Specifications of the State. of California, Department of Transportation, dated July, 1992. State -The City of Bakersfield. State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. Other terms appearing in.~the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. The terms bid and proposal are used in the same way and can be freely interchanged herein.. 1y w A-4 i' SECTION 2 -PROPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Ha11,1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on the date indicated on the - cover sheet of these special provisions sealed proposals for: Traffic Signal and Lighting System Installations on . White Lane at Grissom Street and Ming Avenue at Scarlet Oak Blvd .The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of -the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the 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 Specifications, each proposal shall have listed therein the name and address of each DBE subcontractor 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 portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the .Standard Specifications will be found following the signature page of the Proposal. In accordance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. ,Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by .implication-agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed. necessary or expedient by the Engineer. 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or .alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected. y The ri ht is reserved to re'ect an and all proposals and waive any irregularity. g J Y - 2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing officer, the form of which appears herein immediately following these special provisions. All i i f A'5  i i be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and .place indicated in the "Notice to Contractors". Bidders or their,authorized agents are invited to be present. 2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within five (5~ days - after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. Public Contract Code Section 10285.1 (Chapter 376, Stats,1985} provides as follows: Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under _ this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court Qf competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy,, or any other act in violation of any state or federal, antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring. the person to submit a statement under penalty of perjury declaring that neither the person nor -any subcontractor to be engaged by .the person has been convicted of any of the offenses referred to in this section within the preceding three (3}years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that-any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. 2-1.14 DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of .Transportation Financial Assistance Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE} program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor. of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with anon-DBE, will be required to document one or a combination ofthe following: 1. The bidder will meet the goal by performing work with its own forces. A-7 the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged-for similar services. H. Credit for DBE tracking companies will be as follows: , 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; r 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including anowner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a-non-DBE firm, including anowner-operator. The DBE who leases trucks from anon-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; ~ 6. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors, toassist inobtaining DBE participation on federally funded construction projects. Bidders and -potential subcontractors should check the Caltrans website at httpa/www:dot.ca,gov/hglbep to verify the current availability of this service. 2-1.14A DBE GOAL- FOR THIS PROJECT.. The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE):16 percent Caltrans has en a ed the services of a contractor to provide supportive services to contractors and 9g subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at httpalwww.dot.ca.govlhglbep to venfythe current availability of this service. 2-1.14B SUBMISSION OF DBE INFORMATION. The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER -DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. A-9 A VI a  ~ _ i F. Efforts made to assist interested .DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. 2-1.15 FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of aFederal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection 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 fundsother than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required,submit a completed' disclosure form as part of the bid documents.. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is ~includedin-the Proposal. Standard Form - LLL, "Disclosure~of Lobbying Activities," with instructions for completion of the Standard Form isalso included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and anylower-tier contracts exceeding $100,000. Alf disclosure forms, but not certifications,shall be ~ forwarded from tier to tier until received by the engineer. The Contractor, subcontractors and any laver-tier~contractors shall file adisclosure form ~at the end~of each ~ calendar quarterin which there occurs anyeventthat requires disclosureor that materially affects~theaccuracy ~ of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reportedincludes: A. A cumulative. increase if $25,000 or~more in the amount paid or expectedto be paid for influencing or attempting to influence a covered Federal action; or i B. A change in the persons} or individuals} influencing or attempting to influence a.covered Federal -action; or .v ~ _ - ' C. A change in the officers}, employees(s}, or Members}contacted to influence or attempt to influence a covered Federal Action. 1 J! ry ~ . a 1 1 9 ~1 b N A-11 y i i? .SECTION 4- BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work," Section 8-1.06, "Time of Completion;" and Section 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 55 working days. Contract working days will commence from the date the Contractor begins work or the 15t"calendar day from the date of the written, notice to proceed, whichever comes first. 'J The written notice to proceed shall be issued contingent upon the City having all supplied signal poles and electronic equipment available for installation at the time work is to begin for the various phases of work. The Contractor shall pay to the City of Bakersfield the sum of one-thousand dollars ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. a A-13 Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, perworker required to work more than eight (8}hours per day or more than forty (40}hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3}, "Payroll Records," of the Standard m Specifications is deleted and shall not apply to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor Nondiscrimination," z of the Standard Specifications and these special provisions. Attention is .also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996}, to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.01A(5}, "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. !f the Contractor. does not have a union contract which provides for apprentices, .the Contractor and all Subcontractors shall submit one of the following: a. A copy of a "REQUEST FOR AN APPLICATION. FOR A CERTIFICATE OF APPROVAL. TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS". This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications. b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above. shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents. 5-1..08 TRENCH SAFETY.. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000} for excavation of any trench or tenches five (5) feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the. design of shoring, .bracing, sloping or other provisions to bemade-for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer. If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial .Safety. Nothin in this section shall be construed to impose tort liability on the awarding body or any of its employees. 9 A-15 5-1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. Before storing equipment or stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the Contractor the use of his property. The letter shall be filed with the Engineer. 5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence.and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shat{ terminate, and thereupon the City Council., or its duly authorized representative, may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such a manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or .any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with -the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work .wholly or in part, for such period as he may deem necessary; due to unsuitable weather, or to such other conditions as are considered unfavorable ~ for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.19 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments," and Section 9-1.07, "Payment After-Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.20 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The Cit ma withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any Y Y certificate for payment, to such extent as maybe necessary to protect the City from loss due to causes including but not limited to the following: i. Defective work not remedied; ~ j. Claims filed or information reasonably indicating probable~filing of claims; k. Failure of Contractor to make payment due for materials andlor labor; I. Information causing reasonable doubt that the contract can be completed for any unpaid balance; m. Damages to another Contractor; and n. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. A-17  i r 5-1.24 SUBCONTRACTOR AND DBE RECORDS.. The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also showthe name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to each of the firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. The Contractor shall maintain these records for three years following the performance of the contract. The Contractor shall make these records available for inspection upon request by any authorized representative of the City,. Caltrans or Federal,;. Highway Authority. This reporting requirement also extends to any certified DBE subcontractor. e Upon completion of the contract, ~ summary of these records shall be prepared on Form CEM-2402 (F} and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. $10,000 will be withheld from payment until the Form CEM-2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM-2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documen#ation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The DBE who leases trucks from anon-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation .conforms with Section 2-1.14, "Disadvantaged Business Enterprise", of these special provisions. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM-2404 (F}. 5-1.25 DBE CERTIFICA~'ION STATUS. If a DBE subcontractor is decertified during the ,life of the project, .the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM-2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 5-1,26 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBEs listed by the Contractor P p , , . . - in res onse to the rovisions m Section 2-1.146, Submission of DBE Infor.mat~on , of these. special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials from other sources. ~s Authorization to use other forces or sources of materials maybe requested for the following reasons: a. The listed DBE, after having had a reasonable opportunity to do so, fads or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the 3 Contractor. l j b. The listed DBE becomes bankrupt or insolvent. c. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. b I A-19 ,y  .`j ~t J 5-1.29 PROMPT PAYMENT OF WITHHELD. FUNDS TO SUBCONTRACTORS. The Contractor shall release retainage payments to each subcontractorwithin 30 days after the subcontractor's work is satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract", of the Standard Specifications .and with these special provisions. Any delay or postponement of payment form the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.30 DBE UTILIZATION. At the preconstruction conference, the City will discuss with the Contractor the work each DBE subcontractor will perform. Before work can begin on a subcontract, the Contractor must submit to the City a completed "Subcontracting Request," Exhibit 16-B of the Local Assistance .Program Manual (LAPM) or equivalent. When the City receives the completed form, the City will checked it for agreement of the first tier subcontractors and DBEs. The City will not approve the "Subcontracting Request" when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. 'The "Subcontracting Request" will not be approved until all discrepancies are resolved. If an issue cannot be resolved at that time,. or there is some other concern, the City will require the Contractor to eliminate the subcontractor in question before the City will approve the "Subcontracting Request". A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Lnformation" will be compared to those listed in the completed "Subcontracting Request"L Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA}. The City will require the Contractor and his subcontractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA.requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever, is greater. The s#atute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. During the construction of the project, the City will give the Contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors". The Contractor must complete this document at the end of the project and submit it to the .City. The City may withhold payments to the Contractor until this report is filed with the City. The City will review this report to ensure that the DBEs listed on Exhibit 17-F conforms to those listed on the approved Exhibit 16-B. The only allowable exceptions to those on Exhibit 16-B are those - - authorized by an approved substitution, or if the Contractor used more DBEs and they were added Exhibit 17-F. The dollar amounts reported on Exhibit 17-F should reflect any changes made in planned work done by the DBEs. The Contractor will be required to explain in writing why the names of the subcontractor, the work items or dollar figures are different from what was shown on the "Local Agency Bidder DBE Information" when: • There have been no changes made by the City. • The Contractor has not provided sufficient explanation in the comments section of the completed Exhibit 17-F. s i S 1 ~i d „J~ II i a A-21 ,t 1 Y y Y 0 w .J '.i 'J - - 0 Local Assistance Procedures Manual ~ ~ EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL,-The work herein proposed will be financed in whale or in part with Federal funds, and therefore all of the (This form need not be filled in if all joint venture firms are statutes, rules and regulations promulgated by the Federal Gov- minority owned.) ernment and applicable to work financed in whole or in part W 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 Sectian 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative o"f the SHA," such references shall be 2• Address of joint venture construed to mean "Engineer" as defined in Section 1-1.18 of the Standard .Specifications. PERFORMANCE OF PREVIOUS CONTRACT.-In ad- 3. Phone number of joint venture - dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- - quired contract provisions, the Contractor shall comply with the following:, 4. Identify the firms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE- MBE partner must complete Schedule A.) CARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF . REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in ex- cess of $10,000 will be considered under the provisions of a. Describe the role of the. MBE firm in the joint venture. .Section VII of the required contract provisions unless such request is accompanied by the CERTIFLCATION referred to - above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.-The provisions in this section are. applicable to all contracts except. contracts for b. Describe very briefly the experience and business Federal Aid Secondary projects. Title. 23, United States Code, Section 112, 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 of, 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 restrai"nt of -free competitive bidding in connection with the submitted bid. A form to make the non- collusion a~davit 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, Seca 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 said Code are incorporated in part or in its described in the joint venture agreement, provided by entirety within other sections of these special provisions. question b.}, j Schedule B--Information for Determining Joint Venture Eli- gibility Revised 3-95 08-07-95 FR-1 Page 12-63 February 1,1998 •y Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Disputes within the meaning of this clause include disputes Pa a between the contractor (ar any of its subcontractors) and the g ~ contracting agency, the DOL, or the contractor's employees or I. General 3 their representatives. II. Nondiscnmmatian 3 III. Nonsegregated Facilities 5 d. Selection of Labor: During the performance of this IV. Pa ent of Predetermined Minimum Wa a ym g contract, the contractor shall not: V. Statements and Payrolls 8 VI. Record of Materials, Supplies, and Labor 9 a. discriminate against labor from any other State, posses- VII. Subletting or Assigning the Contract 9 sion, or territory of the United States (except for employment VIII. Safety: Accident Prevention 10 preference far Appalachian contracts, when applicable, as IX. False Statements Concerning Highway Project....... IO specified m Attachment A), or X. Implementation of Clean Air Act and Federal Water b. employ convict labor for any purpose within the limits ..Pollution Control Act 10 of the project unless it is labor performed by convicts who are XI. Certification Regarding Debarment, Suspension, on parole, supervised release, or probation. Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds for II. NONDISCRIMINATION Lobbying 12 (Applicable to alLFederal-aid construction contracts and to ATTACHMENTS all related subcontracts of $10,000 or more.) A. Employment Preference for Appalachian Contracts 1. Equal Employment Opportunity: Equal employment (included in Appalachian contracts only) opportunity (EEO} requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under I. GENERAL 'laws, executive orders, rules, regulations (28 CFR 35, - 29 CFR -1630, and 41 CFR 60) and orders of the Secretary of /...These contract provisions shall apply to all work per- Labor as modified by the provisions prescribed herein, and im- formed on the contract by the contractor's own organization posed pursuant to 23 U.S.C. 140 shall constitute the EEO and and with the assistance of workers under the contractor's im- specific affirmative action standards far 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- Aet of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 tractor shall insert in each subcontract all of the stipulations ~ and' 29 CFR 1630 are incorporated by reference in this contract. contained in these Required Contract Provisions, and further In the execution of this contract, the contractor agrees to comply require their inclusion in any lower tier subcontract or with the following minimum specific requirement activities of purchase order that may in turn be made. The Required Contract EEO: Provisions shall not be incorporated by reference in any case. The prime contractor: shall be responsible far 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 ERO Contract Provisions. obhgatlons and in their review ofhis/her activities under the contract. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient. grounds for b. The contractor will accept as his operating policy the termination of the contract. following statement: 4. A breach of the following clauses of the Required Contract "It is the policy of this Company to assure that applicants Provisions may also be grounds for debarment as provided in are employed, and that employees are treated during employ- 29 CFR. 5.12: ment, without regard to their race, religion, sex, color, na- tional origin, age or disability. Such action shall include: `n em to ment, u radin demotion, or transfer; recruitment or Section I, paragraph 2;:~ P Y Pg g~ Section IV, paragraphs 1, 2, 3, 4, and 7; recruitment advertising; layoff or termination; rates of pay or Section V, paragraphs 1 and 2a through 2g. other forms of compensation; and selection for training, in- chiding apprenticeship, preapprenticeship, and/or on-the job S. Disputes arising out of the labor standards provisions of training." Section IV (except paragraph 5}and Section V of these Required Contract Provisions shall not be subject to the general 2. EEO Officer: The contractor will designate and make disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer who will resolved in accordance with the procedures of the U.S. De- have the responsibility for and must be capable of effectively partment of Labor (DOL} as set forth in 29 CFR 5, 6, anal 7. Form 1273 -Revised 3-95 08-07-95 FR-3 Page 12-65 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 7. Unions: If the contractor relies in whole or in part upon 9. Records and Reports: The contractor shall keep such unions. as a source of employees, the contractor will use his/her records as necessary to document compliance with the EEO best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained for a period of opportunities for minority groups and women within the three years following completion of the contract work and shall unions, and to effect referrals by such unions of minority and be available at reasonable times and places for inspection by au- female employees. Actions by the contractor either directly or thorized representatives of the SHA and the FHVVA. through a contractor's association acting as agent will include the procedures set forth below: a. The records kept by the contractor shall document the following: a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed {1) The number of minority and non-minority group toward qualifying more minority group members and women members and women employed in each work classification for membership in the unions and increasing the skills of on the project; minority group employees and women so that they may qualify for higher paying employment. (2) The progress and efforts being made in cooperation .with unions, when applicable, to increase employment op- b. The contractor will use best efforts to incorporate an 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 locating, hir- out regard to their race, color, religion, sex, national origin, ing, training, qualifying, and upgrading minority and fe- age or disability. male employees; and c. The contractor is to obtain information as to the referral (4) The progress and efforts being made in securing the practices and policies of the labor union except that to the ex- services of DBE subcontractors or subcontractors with - tent such information is within the exclusive possession of meaningful minority and female representation among their the labor union and such labor union refuses to furnish such employees. .information to the. contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to b. The ..contractors will submit an annual report to the SHA obtain such information. each July for the duration of the project, indicating the num- ber of .minority, women, and non-minority group employees d. In the event the union is unable to provide the contrac- currently engaged in each work classification required by the for with a reasonable flow of minority and women referrals contract work. This information is to be reported on Form within the time limit set forth in the collective bargaining FHWA-.1391.. If on-the-job. training is being required by agreement, the contractor will, through .independent recruit- .special provision, the contractor will be required to collect merit efforts, X11 the employment vacancies without regard to and report training data. 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 it shall be no excuse that the union with which the contractor {Applicable to all Federal-aid construction contracts and to has a collective bargaining agreement providing for exclusive all related subcontracts of .$.10,000 or more.) referral failed to refer minority employees.) In the event the .union referral practice prevents the contractor from meeting a. By submission of this bid, the execution of this contract the obligations pursuant to Executive Order 11246, as or subcontract, or the consummation of this material supply amended, and these special provisions, such contractor shall agreement or purchase order, as appropriate, the bidder, immediately notify the SHA. Federal-aid construction contractor, subcontractor., material supplier, or vendor, as appropriate, certifies that the firm does 8. Selection of Subcontractors, Procurement of Materials not maintain or provide. for its employees any segregated and Leasing of Equipment: The contractor shall not facilities at any of its establishments, and that the firm does discriminate on the grounds of race, color, religion, sex, not permit its employees to perform their services at any national origin, age or disability in the selection and. retention location, under its control, where segregated facilities are of subcontractors, including procurement of materials and leases .maintained. The firm agrees that a breach of this certification of equipment.. is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to a. The contractor shall notify all potential subcontractors . , adequate facilities on the basis of sex or disability. -and suppliers of his/her EEO obligations under this contract. b. As used in this certification, the term "segregated facili- ~ b. Disadvanta ed business enter rises .DBE , as defined g p ( ) ties" means any waiting rooms, work areas, restrooms and ~ in 49 CFR 23, shall have a ual o ortunit to com ete for g q pp Y P washrooms, restaurants and other eatin areas, time clocks, S and perform subcontracts which the contractor enters into locker rooms, and other storage or dressing areas, parking pursuant to this contract. The contractor will use his best lots, drinking fountains, recreation or .entertainment areas, ~ efforts to solicit bids from and to utilize DBE subcontractors transportation, and housing facilities provided- for employees or subcontractors with meaningful minority group and female which are segregated by .exphcitdirective, or are, in fact, seg- representation among their employees. Contractors shall regated on the basis of race, color, religion, national origin, obtain lists of .DBE construction firms from SHA personnel. age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the c. The contractor will use his best efforts to ensure subcon- demands for accessibility override. (e.g. disabled parking). . tractor compliance with their EEO obligations. 1 Form 1273 -Revised 3-95 08-07-95 FR-5 y Page 12-67 ~ February 1,1998 7 'ii ~5  t~ ~ Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona (4) In the event the Bureau of Apprenticeship and Train- fide fringe benefit or an hourly case equivalent thereof. ing, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, b. If the contractor or subcontractor, as appropriate, does ~ ~ the contractor or subcontractor will no longer be permitted not make payments to a~trustee or other third person, he/she to utilize apprentices at less than the applicable predeter- mayconsider as apart of the wages of any laborer or mechanic mined rate for the comparable work performed by regular the amount of any costs reasonably anticipated in providing employees until an acceptable program is approved. bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written b. Trainees: request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may (1) Except as provided in 29 CFR 5.16, trainees will not require the contractor to set aside in a separate account assets be permitted to work at less than the predetermined rate for ' far the meeting of obligations under the plan or program. the work performed unless they are employed pursuant to and individually registered in a program which has 4. Apprentices and Trainees (Programs of the U.S. DOL) received prior approval, evidenced by formal certification and Helpers: by the. DOL, Employment and Training Administration. a. Apprentices; (2}The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted. under the (1 }Apprentices wilj 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 Training, or with a State apprentice- on the wage determination for the classification of work ac- ship agency recognized by the Bureau, or if a person is em- tually performed: In addition,. any trainee performing work ployed in his/her Brst 90 days of probationary employment on the fob site m excess of the ratio permitted under the as an apprentice in such an apprenticeship program, who is registered program shall be paid not less than the applica- not individually registered in the program, but who has ble wage rate on the wage determination far the work actu- been certified by the Bureau of Apprenticeship and ally performed. Training or a State apprenticeship agency (where appropri- ate) to be eligible for probationary employment as an ap- (3}Every trainee must be paid at not less than the rate Prentice. specified in the approved program for hislher level of progress, expressed as a percentage of the journeyman-level `(2) The allowable ratio of apprentices to journeyman- , , hourly rate specified in the applicable wage determination. level employees on the job site in any craft classification Trainees shall be paid fringe benefits in accordance with shall not be greater than the ratio permitted to the contrac- the provisions of the trainee program. If the trainee for as to the entire work force under the registered program, program does not mention fringe. benefits, trainees shall be Any employee listed on a payroll at an apprentice wage paid the full amount of fringe benefits listed on the wage rate, who is not registered or otherwise employed as stated determination unless the Administrator of the Wage and above, shall be paid not less than the applicable wage rate Hour Division determines that there is an apprenticeship listed in the wage determination. for the classification of program associated with the corresponding journeyman- work actually performed. In addition, any apprentice per- level wage rate on the -wage determination which provides forming work on the job site in excess of the ratio permitted for less than full fringe benefits for apprentices, in which under the registered program shall be paid not less than the case such trainees shall receive the same fringe benefits as applicable wage rate on the wage determination for the apprentices. work actually performed. Where a contractor or subcontractor is performing construction on a project in a (4} In the event the Employment and Training Adminis- locality other than that in which its program is registered, tration withdraws approval of a training program, the con- the ratios and wage rates (expressed in percentages of the tractor or subcontractor will no longer be permitted to uti- journeyman-level hourly rate) specified in the contractor's laze, trainees at less than the applicable predetermined rate or subcontractor's registered program shall be observed. for the work performed until an acceptable program is ap- proved. (3) Every apprentice must be paid at not less than the c Hel ers~ rate specified m the registered program for the apprentices ~ p 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 in helper classification is specified and defined on the accordance with the provisions of the apprenticeship pro- applicable wage determination or is approved pursuant to gram. If the apprenticeship program does not specify fringe the conformance procedure set forth in Section IV.2. Any benefits, apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage rate, who is not T benefits listed on the wage determination for the applicable a helper under an approved definition, shall be paid not classification. If the Administrator for the Wage and Hour less than the applicable wage rate on the wage Division determines that a different practice prevails for the determination for the classification of work actually applicable apprentice classification, fringes shall be paid performed. in accordance with that determination. Form 1273 -Revised 3-95 OS-07-95 FR-7 Page 12-69 February 1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B c. Each contractor and subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR 5.12. week in which any contract work is performed, to the SHA ,resident engineer a payroll of wages paid each of its employ- VI. RECORD OF MATERIALS, SUPPLIES, AND ees {including apprentices, trainees, and helpers, described in LABOR Section IV, paragraphs 4 and S, and watchmen and guards en- gaged on work during the preceding weekly payroll period). 1.On all Federal-aid contracts on the National Highway Sys- Thepayroll submitted shall set out accurately and completely tem, except those which provide solely for the installation of all of the information required to be maintained under 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 ted in any form desired. Optional Form WH-347 is available beautification contracts, and contracts for which the total final for this purpose and may be purchased from the Superinten- construction cost for roadway and bridge is less than dent of Documents (Federal stock number 029-OOS-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 Materi- d. Each a roll. submitted shall be accom anied b a als and Labor Used by Contractor of Highway Construction P Y p y Involving Federal Funds, prior to the commencement of work "Statement of Compliance," signed by the contractor or sub- ~ ~ under this contract. contractor or his/her agent who pays or supervises the pay- ment of the persons employed under the contract and shall b. Maintain a record of the total cost of all materials and certify the following: supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies (l) that the payroll for the payroll~period contains the listed on Form FHWA-47, and in the units shown on Form information required to be maintained under paragraph 2b FHWA-47. of this Section V and that such information is correct and complete; c. Furnish, 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 1 b relative to materials and supplies, a apprentice, and trainee) employed on the contract during final labor summary of all contract work indicating the total the payroll period has been paid the full weekly wages hours worked and the total amount earned. earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or 2. At the prime contractor's option, either a single report indirectly from the full ,wages earned, other than covering all contract work or separate reports for the contractor permissible deductions as set forth in the Regulations, 29 and for each subcontract shall be submitted. CFR 3; (3) that each laborer or mechanic has been paid not less VII. SUBLETTING OR ASSIGNING THE CON- that the applicable wage rate and fringe benefits or cash TRACT equivalent for the classification of worked performed, as speci-fled in the applicable wage determination incorpo- 1. The contractor shall perform with its .own, organization rated-into the contract. contract work amounting to not less than 30 percent (or a greater. percentage if specified elsewhere in the contract} of the e. The weekly submission of a properly executed. certifica- .total original contract price, excluding any specialty items des- tion set forth on the reverse side of Optional Form WH-347 ignated by the State. Specialty items may be performed by sub- shallsatisfy 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. maybe deducted from the total original contract price before computing the amount of work required to be performed by the f. The falsification of any of the above certifications may contractor's own organization (23 CFR 635). subject the contractor to civil or criminal prosecution under 18.U.S.C.1001 and 31 U.S.C. 231... ~ a. "Its awn organization" shall be construed. to include .only workers employed and paid directly by the prime con- g: The contractor or subcontractor shall make the records tractor and equipment owned or rented by-.the prime contrac- requiredunder paragraph. 2b of this Section V available for tor; with or without operators. Such term does not include inspection, copying, or transcription by authorized employees or equipment of a subcontractor, assignee, or agent representatives of the SHA, the FHWA, or the DOL, and of the prime contractor. shall permit such representatives to interview .employees during working 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 12-71 February 1,1998 . .  i Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B for the contract is under consideration to be listed on the EPA g, The prospective primary participant further agrees by List of Violating Facilities. submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibil- 4. That the firm agrees to include or cause to be included the ity and Voluntary Exclusion-Lower Tier Covered Transac- requirements of paragraph 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, in all lower the government may direct as a means of enforcing such re- tier covered transactions and in all solicitations for lower tier quirements. covered transactions. XI. CERTIFICATION REGARDING DEBARMENT, h. A participant in a covered transaction may rely upon a SUSPENSION, INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov- EXCLUSION ered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless 1. Instructions for Certification -Primary Covered it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines Transactions: the eligibility of its princi als. Each artici ant ma but is not required to, check the nonprocurementpportion Hof the (Applicable to all Federal-aid contracts - 49 CFR 29) "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is a. By signing and submitting this proposal, the prospec- compiled by the General Services Administration. live 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 in denial of partic- knowledge and information of participant is 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 primary ~ ' knowingly enters into a lower tier covered transaction with a participant to furnish a certification or an explanation shall person who is suspended, debarred, ineligible, or voluntarily disqualify such a person from participation in this .excluded from participation in this transaction, in addition to .transaction. other remedies available to the Federal Government, the de- partment oragency 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 this proposal is submitted, if any. time. the prospective primary a. Are not presently debarred, suspended, proposed for participant learns that its certification was erroneous when debarment, declared ineligible, or voluntarily excluded submitted or has become erroneous by reason of changed from covered transactions by any Federal department or circumstances. agency; e, The terms covered transaction, debarred, suspended, b. Have not within a 3-year, period preceding this ineligible, lower tier covered transaction,. participant, proposal been convicted of or had a civil judgment ren- person, primary covered transaction, principal, dered against them for commission of fraud or a criminal "proposal," and "voluntarily excluded," as used in this clause, offense in connection with obtaining, attempting to obtain, have the meanings .set out in the Definitions and Coverage or performing a public (Federal, State or local} transaction sections of rules implementing Executive Order 12549. You or contract under a public transaction; violation of Federal may contact the department or agency to which this proposal or State antitrust statutes or commission of embezzlement, is submitted for assistance in obtainin a co of those g pY theft, forgery, bribery, falsification or destruction of regulations. records, making false statements, or receiving stolen f. The prospective primary participant agrees by submitting Property; this proposal that, should the proposed covered transaction _ ~ ~ c. Are not presently indicted for or otherwise criminally be entered into, it shall not knowingly enter into any lower or civilly charged by a governmental entity (Federal, State tier covered transaction with a person who is debarred, or local) with commission of any of the offenses enumerated suspended, declared ineligible, or voluntarily excluded from in paragraph lb of this certification; and participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Form 1273 -Revised 3.95 08-07-95 FR-11 Page 12-73 February 1,1998 J Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B grant, loan, or cooperative agreement, the~~ undersigned shall certification shall be subject to a civil penalty of not less than complete and submit Standard Form-LLL, Disclosure Form to $10,000 and not more than $100,000 for each such failure. Report Lobbying," in accordance with its instructions. 3. The prospective participant also agrees by submitting his 2. This certiEcation is a material representation of fact upon or her bid or proposal that he or she shall require that the lan- which reliance was placed when this transaction was made or guage of this certification be included in all lower tier subcon- entered into. Submission of this certification is a prerequisite tracts, which exceed $100,000 and that all such recipients shall for making or entering into this transaction imposed by 31 certify and disclose accordingly. b U.S.C. 1352. Any person who fails to file the required FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of 177 Sacramento, CA: "Required Contract Provisions Federal-aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: 6920- Sacramento, CA 16.1 Goal for Women CA Placer, CA Sacramento, a lies nationwide ercent 6.9~ ( pp ) ..............(p ) CA Yolo. The following are goals for minority utilization: Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CALIFORNIA ECONOMIC AREA CA Nevada; CA Sierra; CA Sutter; CA Yuba. Goal (Percent) 178 Stockton-Modesto, CA: 174 Redding, CA: SMSA. Counties: Non-SMSA Counties 6.8 5170 Modesto, CA........................................... 12.3 CA Lassen; CA Modoc; CA Stanislaus. CA Plumas; CA Shasta; 8120 Stockton, CA 24.3 . CA Siskiyou; CA Tehama. CA San Joaquin. 17S Eureka CA: Non-SMSA Counties 19.8 ' CA Alpine; CA Amador; Non-SMSA Counties CA Calaveras; CA Mariposa; 6.6 CA Merced; CA Tuolumne. CA .Del Norte; CA Humboldt; CA Trinity. 179 Fresno-Bakersfield, CA: -176. San Francisco-Oakland-San Jose, CA: SMSA Counties: . . 0680 Bakersfield, CA 19.1 SMSA Counties: CA Kern. 7120 Salinas-Seaside- 2840 Fresno, CA..... 26.1 Monterey, CA 28.9 . CA Fresno CA Monterey. Non-SMSA Counties 23.6 7360 San Francisco-Oakland CA 25.6 ' CA Kings;. CA Madera; CA Alameda; CA Contra Costa; CA Tulare. CA Morin; CA -San Francisco; CA San Mateo. 180 Los Angeles, CA: 7400 San Jose, CA .19.6 CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA .14.9 0360 Anaheim-Santa Ana-Garden CA Santa Cruz. Grove, CA 11.9 7500 Santa Rosa, CA 9.1 CA Orange. CA Sonoma. 4480 Los Angeles-Long 8720 Vallejo-Fairfield- Napa, CA .17.1 Beach, CA 2.8.3 CA Napa; CA Solano. CA Los Angeles. . . ~ d000 Oxnard-Simi Valley- Non-SMSA Counties 23.2 Ventura, CA.................................................... 21.5 CA Lake; CA Mendocino; CA Ventura. CA San Benito. Form 1273 -Revised 3-95 08-07-95 FR-13 .Page 12-75 February 1,1998 GENERAL DECISION CA010032 04/27/2001 CA32 _ Date: April 27, 2001 General Decision Number CA010032 Superseded General Decision No. CA000032 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 03/02/2001 1 03/09/2001 - _ 2 03/23/2001 3 04/13/2001 4 04/27/2.001 COUNTY (ies) KERN ASBE0005B 01/01/2000 Rates Fringes INSULATOR/ASBESTOS WORKER Includes the application of all ,insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 30.46 7.65 . . . . . . . . . . ~ w. . .r ~ . . ~ . . . . ~ w . r ~ . . ~ w. . . . . W . . . ~ . . . . . . ~ . . . w. w . . . ~ ASBE0208B 06/01/1996 . Rates Fringes ASBESTOS REMOVAL WORKER/ HAZARDOUS MATERIAL HANDLER B-1 v .Work on wood-framed apartment buildings under 4 stories 19.00. 6.33 All other work 25.75 6.33 DRYWALL STOCKER/SCRAPPER 10.00 ~ 5.32 - - - r.r - ..r - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - r - - ~ - - - - - - - - - - - - - - - CARP0002Z 07/01/2000 Rates Fringes CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer Hardwood Floor Worker 26.18 6.38 Shingler 26.31 6.38 Roof loader of shingles 18.42 ~ 6.38 Saw filer 26.26- 6.38 Table power saw operator - 26.28 6.38 Pneumatic nailer or power stapler 26.43 6.38 Millwright 27.25 _ 6.38 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer;. Heavy framer; Rockslinger 26.88 6.38 Head rockslinger 26.98 6.38 Rock barge or scow 26.78 6.38 Scaffold builder 21.00 6.38 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms which work is performed by piledrivers): $0.13 per hour additional. CARP0003H 07/01/1999 Rates Fringes MODULAR FURNITURE INSTALLER 13.08 3.98 LOW WALL MODULAR TECHNICIAN 17.80 3.98 FULL WALL TECHNICIAN 21.88 3.98 ELEC0~011G 12/01/2000 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: B-3 ELEC1245A 06/01/2000 _ Rates Fringes LINE CONSTRUCTION AND OUTSIDE UTILITY TRANSMISSION WORK: Line .worker; Cable splicer 31.26 4.5% + 7.35 .Powder worker 29.70 4.5% + 7.46 Ground person 20.32 4.5% + 7.58 Equipment specialist (operates h crawler tractors. commercial motor vehicles, backhoes, trenchers, cranes X50 tons and below), and overhead and underground distribution line equipment) 26.57 4.5% + 7.07 Line worker, welding 32.82 4.5% + 7.53 SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, 'maintained and operated by electrical utility companies, municipalities, or governmental agencies. ELEV0008C 08/01/2,000 Rates Fringes ELEVATOR MECHANIC 41..845 7.195 FOOTNOTE: Vacation Pay: 8% with 5 or more. years of service, 6% for 6 months to 5 years~~service. Paid Holidays: New Years Day, Memorial Day, Independence'Day, Labor Day, Thanksgiving Day and Friday after, and Christmas-Day. ENGI0012C 07/Ol/2000 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 26.25 9.85 GROUP 2 27.03 9.85 GROUP 3 27.32 9.85 GROUP 4 28.21 9.85 .GROUP 5 28.43 9.85 GROUP 6 29.53 9.85 GROUP 7 28.54 9.85 GROUP 8 29.64 9.85 . GROUP 9 28.66 9,85 GROUP 10 29.76 9.85 B-5 a 'J 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}, s.kiploader (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 fire 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 2.00 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 1.000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum}, drilling machineoperator (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 ,r switch tamper, or~~similar type, machine tool operator, Maginnis .internal full slab vibrator, mechanical berm, curb or .gutter (concrete or asphalt), mechanical finisher operator..{concrete, Clary-Johnson-Bidwell or similar), pavement breaker operator (truck mounted), road oil mixing machine operator, roller operator {asphalt or finish}, rubber-tired earth moving equipment (single engine, up to and including 25 yds. .struck},..self- propelled tar pipelining machine operator, skiploader operator .(crawler and wheel type, over 3/4 yd. and up to .and including 1- 1/2 yds.), slip form pump operator (power driven hydraulic B-7 compactor LDC350 (or similar types}, heavy-duty repair-welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - .except Quad 9 cat.), rubber-tired earth-moving equipment operator (single engine, over 50 .yds. struck), rubber-tired earth-moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck}, tower crane repair person, tractor loader operator (crawler and-wheel type over 6-1/2 yds.), Woods mixer operator (and similar Pugmill equipment) GROUP 10: Heavy-duty repair-welder combination (multi-shift} GROUP 11:.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-tiredearth-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 (operating a second piece of equipment: $1.00 per hour additional}, wheel excavator operator 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 a 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. B-9 GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds.. and up to 50 yds. struck) GROUP 24: Concrete pump operator - truck mounted, rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck} CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types } ~ ~ GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter -hoist operator GROUP 5: Stinger crane (Austin-Western or similar type}; Tugger hoist operator (1 drum) -GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type}; Lift mobile operator; L1ft s-lab machine operator (vagtborg and similar types); Material -hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,~ clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) A 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- B-11  ~ _ Tractor compressor drill combination operator; Tugger hoist o erator ~2 drum); Tunnel locomotive operator (over 30 tons) P GROUP 6: Heavy-duty repair/welder combination GROUP 7: Tunnel mole boring machine operator ENGI0012D 08/01/1999 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: Lever person 31.85 10.35 Dozeroperator 28.38 10.35 Welder; Deckmate 28.27 10.35 winch operator astern winch on dredge) 27.72 10.35 Fire person -oiler; Leveehand; Deckhand; Barge person 27.18 10.35 Barge mate 27.79 10.35 * IRON0001Q 07/01/2000 Rates Fringes IRONWORKERS: Fence erector 25.19 14.575 . Ornamental, reinforcing and structural 26.08 14.57.5 FOOTNOTE: Work at China Lake Naval Test Station and Edwards Air Force Base: $3.00 ,per hour additional. LABOOOOIB 09/01/2000 Rates Fringes. BRICK TENDER 19.67 9.10 FORK LIFT OPERATOR 19.82 9.10 LABO0002H 07/01/2000 Rates Fringes LABORERS: . GROUP 1 18.82 9.65 GROUP 2 19.27 9.65 V GROUP 3 19.62 9.65 GROUP 4 .20.92 9.65 GROUP 5 21.67 9.65 B-13 r _ ' 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 (on 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 operator, Pittsburgh chipper and similar. type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same}; Hydro seeder and similar .type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe-wrapping and. waterproofing}; Operator of pneumatic, gas, electric tools, vibrating machine. pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; -Steel headerboard and guideline setter; Tamper, Barko, Wacker and ;1 similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump. person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings}, grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with ,laborers' work;. Oversize concrete vibrator operator, 70 lbs. and B-15 ,J GROUP 2: Gun. person GROUP 3: Rebound person LAB00220F 08/02/2000 .Rates Fringes PLASTERER TENDER: Plasterer tender 21.08 9.62 Plaster clean-up laborer 18..53 9.62 LAB00882B 01/01/2000 Rates Fringes ASBESTOS REMOVAL LABORER 10.72 4.31 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic.waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden . barriers and assembly of decontamination stations. LAB01184A 08/01/2000 .Rates Fringes LABORERS -STRIPING: GROUP 1 19.60 7.76 GROUP 2 20.15 7.76 GROUP 3 21.97 7.76 GROUP 4 2' 3.2 2 7.7 6 . 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; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ~ andpreparation of .surface for . coatings. Traffic control person: controlling and directing traffic through both .conventional and moving lane closures; operation of~~all related machinery and equipment GROUP 3: Traffic delineating device applicator; Layout and. application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating B-17  i of tenant improvement projects 17.80 5.52 All other work 19.90 5.52 PAIN0036J 10/01/1999 Rates Fringes DRYWALL FINISHER: Work on wood frame structures 18.00 3.71 All other work 21.25 6.88 PAIN0169B 07/01/2000 Rates Fringes GIAZIER 23.55 8.52 FOOTNOTE: Welding in connection with glazing work: $1.00 per hour additional. PAIN1247A 10/01/19,97 Rates Fringes SOFT FLOOR LAYER 19.47 5.66 PLAS0200A 08/06/1997 Rates Fringes PLASTERERS 23.38 4.04 PLAS0500B 07/01/1999 Rates Fringes CEMENT MASONS: Work on projects where the total permit value. of the general and all subcontracts is $12 million or less: Cement Mason; curb and gutter T machine; 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 18.85 8.83 Cement mason (magnesite, magnesite -terrazzo and .Y B-19 of Kern County, which includes Edwards Air Force Base, Rosamond, Boron, China Lake Naval Weapons Center and Ridgecrest 27.67 8.87 FOOTNOTE: Work from a swinging scaffold, swinging. basket, spider or from a bosun chair: l0o above the regular rate of pay for that day. ROOF0027A 09/01/1998 Rates Fringes ROOFER 20.15 6.30 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. SFCA0669G 04/Q1/2001 Rates .Fringes SPRINKLER FITTER (FIRE) 28.35 6.00 SHEE0102D 02/01/2001 Rates Fringes EAST OF HWY. #395 FROM .RED. MOUNTAIN TO~THE INYO COUNTY LINE: COMMERCIAL SHEET .METAL WORKER: -Work on all commercial HVAC for cxeature comfort. and computers clean rooms, architectural metals, metal roofing and lagging, over .insulation 28.60 10.39 SHEE0102E 02/O1~%2001 r 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 B-21 GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck.- 2 axle; Dump txuck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver o~f transit mix truck, under 3 yds.; Dumpcrete _ truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for fire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or lmore; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more- axle; Oil spreader truck; Dump truck,- 16 yds. to 25 yds. water level .GROUP 7: A Frame, Swedish crane or similar ; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level;-Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over S GROUP 10: Dump truck - 50 yds. or more water level; Water pull -.single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver -$1.25 additional when .operating winch or similar special attachments WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within .the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1} (v)) . In the listing above,~the "SU" designation means. that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other. designations indicate unions whose rates have been determined to be prevailing. B-23 Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210. 4.} All decisions b~ the Administrative Review Board are final. END OF GENERAL DECISION ~J r . B-25 'S .y ti - I i r I ' t i ~ _ i SECTION 7 -GENERAL CONSTRUCTION _ f 7-1.01 ORDER OF WORK: Order of work shall conform to the provisions in Section 5-1.05, "Order of Work", of the Standard Specifications and these special provisions. All striping removal shall be completed a minimum of two (2} days prior to signal- being placed into operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shalt consist of reflective traffic line tape applied in pieces not less than four (4}inches long nor less than four (4}inches wide spaced no more than ten (10}feet apart on curve nor more than twenty (20}feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor. When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole [maximum one (1 }inch diameter] in front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into operation. Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place. For accessibility purposes, all sidewalk and handicap ramp installation at and around the controller must be completed for a minimum of two days prior to signal turn on and commencement of the functional test. 7-1.02 OBSTRUCTIONS.. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities", of the Standard Specification, the plans, and the special provisions.. The Contractor shall be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions in Section 7-1.11, "Preservation of Property",and Section 7-1.1.2, "Responsibility for Damage", of the Standard Specifications, the Contractor shall be liable to owners of such facilities and improvements for any damage or interferencewith serviceresulting~rom conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or -not the utility is shown or correctly located on the plans will not be compensated for as idle time: However, additional contract time commensurate with such delays may be allowed. Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities. Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines andlor wiring and replacement of ......damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractorshall be responsible for maintaining the health of plant material in the area for the duration of irrigation interruption. C-1 Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. J PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.05 SAWCUT ASPHALT CONCRETE PAVEMENT. Where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be sawcut to a neat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so as not to damage the integrity of the edge of the sawcut pavement. Any damage to the sawcut edge will be corrected by the Contractor by additional cutting prior to the start of paving .operations. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no~additional compensation will be allowed therefor. 7-1.06 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement markings to be removed .will be as shown on plans and as designated by the Engineer. Traffic stripes and pavement markings shall be removed to the fullesfi extent possible from the pavement by any method that does not materially damage the surface ortexture of-the pavement or surfacing. Where blast cleaning is used for the removal ~of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area that is open to public traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern. Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message-cannot be identified. After removal of traffic stripes and pavement markings, a fog seal coat shall be applied. in conformance with the provisions in Section 37, "Bituminous Seals", of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal-coat shall be applied over the traffic stripe removal area and to irregular and varying widths with an average width of two (2~ feet on each side of the blast cleaned traffic stripe removal area. In pavement marking removal areas, the fog seal: coat shall be applied to the blast cleaned rectangular area. Full compensation for furnishing and applying~fog seal coat as specified herein shall be considered as included in the contract price paid per square foot for Remove Traffic Stripes and Pavement Marking and no additional compensation will be allowed therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1..09, "Public Safety", of the Standard Specifications. C-3 J Bakersfield Standard T-19, shall be located within sidewalk six (6}inches from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly. MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract price per unit .for Install Roadside Signs (GSP Post}. Installation of one (1 } or more sign panels mounted. on a single post shall be counted as one (1 }Roadside Sign (GSP Post}. 7-1.11 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs", of the Standard Specifications and these special provisions. Mast-arm hangers for street name signs will be furnished and installed by the City. Street name signs will be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptable equal. Overhead signs installed:Yon signal poles, mast-arms or on flashing beacon mast-arm .shall be furnished and installed by the Contractor in accordance with the plans and these special provisions. Compensation for overhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon, or combination thereof. 7-1.12 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in excavation which he has reason to believe maybe hazardous waste, as defined by Section 25117 of the "Health and Safety Code", he shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 8-1.07, "Liquidated Damages", of the Standard Specifications. If such suspension .delays the current controlling operation more than two (2) working days, the delay will be considered a right of way delay and the Contractor will be compensated for such delay as provided in Section 8-1.09; "Right of Way Delays", of the Standard Specifications. The Department reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing. hazardous material from such areaC PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit :prices paid for various items of work and no additional compensation will be allowed thereforl 7-1.13 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs, median curbs, sidewalks, wheelchair ramps, cross- drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk", of the Standard Specifications and these J special provisions. Concrete curbs, median curbs, curb and gutter may be constructed by the fixed form method or by extrusion or slip forming. However, it is required to use equipment which is controlled automatically for alignment, grade, and cross slope by sensing from preset string lines for construction using the extrusion or slip form methods. MEASUREMENT AND PAYMENT. Quantities of Minor Concrete (Sidewalk) shall be paid for at the contract price per square foot of sidewalk. ,,n Quantities of Minor Concrete used in wheelchair ramp construction shall be considered as minor concrete (sidewalk). and paid for at the contract price per square foot of Minor Concrete (Sidewalk). This pay item shall include sawcutting existing pavement per. City Standard S-1 and providing new asphalt concrete tie-in at all affected areas and removing and disposing all existing asphalt concrete within handicap ramps. The above prices and payments shall include full compensation forfurnishing all labor, materials (including asphalt concrete and adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement},tools, equipment and incidentals, and for doing all the work involved in constructing curb, gutter depressions, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways, and median curbs complete in place, including but not limited C-5 'V Existing markers not directed for removal, but damaged or removed by the Contractor, are not included in this section. Any markers removed or damaged by the Contractor without direction from the Engineer shall be replaced in kind at no expense to the City. Pavement markers for striping details shall be installed no sooner than ~7}days after resurfacing operations have been completed and when directed by the Engineer after the traffic stripes have been applied. The traffic stripes shall be used by the Contractor as the control line for the installation of the markers. All additional work necessary to establish satisfactory lines for markers shall be performed by the Contractor at no expense to the City. Epoxy adhesive shall be used and shall conform to Section 95, "Epoxy", of the Standard Specifications and these special provisions. The Contractor shall use either Rapid Set Epoxy Adhesive for Pavement Markers (State Specification 8040-51 B-O7) or Standard Set EpoxyAdhesivefor Pavement Markers (State Specification 8040-51 B- 09}. Pavement markers shall have a Methyl Methacrylate housing, and they shall be 4"x4"x0.75" in size. Low profile pavement makers shall not be allowed. Markers shall be installed after lane lines have been striped. MEASUREMENT AND PAYMENT. Pavement .markers fors#riping details shall be included in the contract price paid per foot for the various striping details and. no additional compensation will be made therefor. C7 7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors", and Section 86-2.09, "Wiring", of the Standard Specifications and these special provisions. Conductors -The Contractor shall use multi-conductor electrical cables for a!I circuits except lighting, Autoscope power and between the service point and controller cabinet. .Conductors shall be spliced by the use of "C"shaped compression connectors as shown on Standard Plan ES-13. Splices shall be insulated by "Method B". The optical detector cable (3-M Opticom Model 138 or equal) shall have four conductors of AWG #20 (7X28} standard individually tinned drain wire to provide signal integrity and transient protection. The individually tinned copper, color-coded insulation shall be as follows: a. Orange for delivery of optical detector power b. Negative return wire for optical detector power c. Yellow for optical detector signal #1 d. Blue for optical detector signal #2 The Contractor shall arrange for a qualified Opticom technician #o be present at signal turn on. A representative servicing the Bakersfield area may be contacted at (949} 454-2028.. The insulation for al! conductors steal! be Type THW polyvinyl chloride. 7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the Standard .Specifications and these special provisions. Unless otherwise noted, service shall be as shown on the plans for each signal installation at White Lane anal Grissom Street and at Ming Avenue and Scarlet Oak Blvd. Each installation shall be furnished with 70 amp, 240 volt,-3 pole main breaker and the following branch circuit breakers: No. Amps Phase V, tilts Branch Metered 1 50 1 120 Traffic Signal Yes 2 30 1 120 _ Lighting No 3 15 1 120 Autoscope Yes Increase main ,breaker as required for actual load. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility. 7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing", of the Standard Specifications and these special provisions. The signals shat! not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.14C "Functional Testing", of the Standard Specifications and the following, paragraphs:. Functional test eriods are included in the number of working days to complete the project as described , p in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions. , , The fourth paragraph of Section 86-2.14C "Functional Testing" of the Standard Specifications shall be amended - to read as follows: Turn on of new or modified traffic signals shall be made only after all traffic signal circuits, including signal interconnect circuits, have been thoroughly tested as specified above. C-9 . . Total harmonic distortion (current and voltage)induced into an AC power line by a LED signal module shall not exceed 20 percent. 1.5.5 Surge Suppression The signal module onboard circuitry shall include voltage surge protection to withstand high repetition noise transients as stated in Section 2.1.6 of NEMAStandard TS-2,1992. 1.5.6 The LED circuitry shall prevent perceptible flicker to the unaided eye over the voltage range specified above. 1.5.7 All wiring "and terminal blocks shall meet the requirements of Section 13.02 of the ITE ..Publication: Equipment and Material Standards, Chapter 2 Vehicle Traffic Control Signal Heads). 1.5.8 Compatibility The modules shall be operationally compatible with currently used controller assemblies (solid state load switches, flashers, and conflict monitors). Review TEES Chapters 3 and 6 for specifications on these devices. 1.5.8.1 When a current of 20 mA AC (or less}is applied to the unit, the voltage read across the two leads shall be 15 VAC or less. 1.5.9 The modules and associated onboard circuitry must meet Class A emission limits referred in Federal Communications Commission ~FCC)Title 47, Subpart B, Section 15 regulations concerning the emission of electronic noise. 1.6 Photometric Requirements 1.6.1 .The minimum initial luminous intensity values for the modules shall be as stated in Table 2-2 andlor Table 2-4 at 25°C. 1.6.1.1 The modules (excluding yellow}shall meet or exceed the illumination values as shown in Table 2-3 andlor Table 2-5, throughout the useful life based on normal use in a traffic signal operation over the operating temperature range. 1.6.1..2 Yellow modules shall meet or exceed the illumination values as shown in Table 2-3 _ andlor Table 2-5, throughout the useful life based on normal use in a traffic signal operation at 25°C. r 1.6.2 The measured chromaticity coordinates of the modules shall conform to the chromaticity requirements of Table 2-6, throughout the useful life over the operating temperature range. ~.7 Physical and Mechanical Requirements LED traffic signal modules shall be designed as retrofit replacements for existing optical units of signal indications and shall not require special tools for installation. See appropriate sections for Type 1 and ...Type 2 modules. 1.8 Environmental Requirements 1.8.1, The LED signal module shall be rated for use in the operating temperature range of 40°C X40°F) to +74" C (+165" F}. The modules shall meet all specifications throughout this range. 1.8.2 The LED signal module shall be protected against dust and moisture intrusion per the requirements of NEMA Standard 250-I 991 for Type 4 enclosures to protect all internal ~ components. 1.9 Construction f 1.9.1 The LED- signal module shall be a single, self contained device, not requiring onsite assembly for installation into an existing traffic signal housing. The power supply for the module shall. be integral to the unit. ~ 1.9.2 The circuit board and power supply shall be contained inside the module. Circuit boards shall conform to Chapter 1, Section 6 of the "Transportation Electrical Equipment Specifications 1.9.3 The assembly and manufacturing process for the LED signal assembly shall be designed to assure all internal components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. C-11 2.3 Lens 2.3.1 The lens of .the Type 1 module shall be integral to the unit, shall be convex with a smooth outer surface and made of plastic or of glass. 2.3.2 The lens may be tinted or may use transparent film or materials with similar characteristics to enhance ONIOFF contrasts. 3,3.2...1: The. use of tinting or other materials to enhance ONIOFF contrasts shall not affect chromaticity and shall be uniform across the face of the lens. 2.3.3 The LED signal module lens shall be W stabilized and shall be capable of withstanding ultraviolet (direct sunlight}exposure for a minimum period of 60 months without exhibiting evidence of deterioration. s 2.3.4 If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to . .provide front surface abrasion resistance. 7-2.07A.3 Type 2 Traffic Signal Module 'J The following specification requirements apply to the Type 2 .module only. All general specifications .apply unless specifically superceded in this section. 3.1 Type 2 modules can be manufactured under thisspecification for the following faces: 3.1.1.300 mm circular 3.1.2 200 mm circular 3.1.3 300 mm arrow 3.1.4 ProgrammedVisibility (red, yellow, green) 3.2 Physical and Mechanical- Requirements 3.2.1 The module .shall. fit -into existing. traffic signal section housings built to the - specifications- detailed in the ITE Publication: Eouinment and Material Standards, Chapter~2 (Vehicle Traffic Control Signal Heads), with the existing lens, reflector and lamp.socket remaining in place, and without modification to the housing. 3.2.2 Each Type 2 module shall be designed to ~ mount, in the standard lamp socket normally used with an incandescent lamp. 3.2.3 The maximumweight of a~Type 2 module shall be 1.4 kg (3 lbs.}. 3.2.4 Type 2 modules .shall be a sealed unit containing all components necessary for operation. J 3.3 The installation of a Type 2 module shall not require any removal of, or modification to the standard lamp socket or reflector. The installation of a Type 2 module shall not require special tools. 7-2.07A.4 300 mm Arrow - The following specification requirements apply to the 300 mm arrow module only. All general specifications apply unless specifically superceded in this- section. 4.1 The arrow module-shall meet specifications stated in Section 9.01 of the ITE Publication: Equipment and Material Standards, Chapter 2 (Vehicle:Traffic Control Signal Heads)for arrow . indications. 4.2 .The. LEDs shall be spread. evenly across the illuminated portion of the arrow area. 7-2.07A.5 300mm Bicycle The following specification requirements apply to the 300 mm bicycle module only. All general specifications C-13  i 8.4 Design Qualification Testing 8.4.1 Design Qualification. Testing shall be performed by the manufacturer or an independent testing lab hired by the manufacturer on new LED module designs, and when a major design change has been implemented on an existing design. A major design change is defined as a design change (electrical. or physical)which . changes any of the performance characteristics of the module, results in a different circuit configuration for the power supply, or changes the layout of the individual LED 's in the module. 8.4.2 A quantity of two units for each design shall be submitted for Design Qualification Testing... 8.4.2.1 Test units shall be submitted to Caltrans Translab, Electrical Testing Branch after the manufacturer's testing is complete. 8.4.2.2 Manufacturer's testing data shall be submitted with test units for Caltrans . verification of Design Qualification Testing data. 8.4.3 Bum ln. - The sample modules shall be energized for a minimum of 24 hours, at 100 percent on- timeduty cycle, at a temperature of +74" C (+165" F), before performing any design qualification testing. 8.4.4 Any failure of the module, which renders the unit non-compliant with the specification after bum in,shall because for rejection. 8.4.5 For Design Qualification Testing, all specifications will be measured including, but not limited to: 8.4.5.1 Rated Initial Luminous Intensity. .y measured at +25" C. 8.4.5.2 Chromaticity (Color), measured at +25" C. 8.4.5.3 Electrical. All specified parameters shall be measured and used for quality comparison of production quality assurance on production modules (rated power, etc). 8.4.5.4 Equipment Compatibility. Modules shall be tested for compatibility with the controller unit, conflict monitor, and load .switch. Each signal module shall. be connected to the output of a standard load switch connected to an AC voltage supply between the values of 95 and 135 VAC, with the input to the load switch in the "off position. The AC voltage developed. across each LED signal module so connected shall not exceed 10 Vrms as the input AC voltage is varied from 95 Vrms to 135 Vrms. 8.4.5.5 Mechanical vibration testing shall be as per MIL-STD-883, Test Method 2007, using 3 four minute cycles along each x, y, and z axis, at a force of 2.5 Gs, with a frequency sweep from 2 HZ to 120 HZ. The loosening of the lens, or of any internal components, or other physical damage shall be cause for rejection. 8.4.5.6 Temperature cycling shall be performed as per MIL-STD-883, Test method . ,1010. The temperature range shall be per "Environmental Requirements A minimum of 20 cycles shall be performed with a 30 minute transfer time between temperature extremes and a 30 minute dwell .time at each temperature. Module(s)being tested shall be energized and .functioning throughout the duration of the test. Failure of a module to function properly or any evidence of cracking of the module lens or housing after temperature cycling shall because for rejection. 7-2.07A.9 Production Quality Control Testing. C-15 TABLES Table 2-1 Maximum Power Consumption (in Watts} Red Yellow Green Tem erature 25°C 74°C 25°C 74°C 25°C 74°C 300 mm circular 11 17 22 25 15 15 200 mm circular 8 13 13 16 12 12 300 mm arrow 9 12 10 12 11 11 Bicycle indication 11 17 22 25 15 15 PV indication 11 17 22 25 15 15 Lane Control (X} 9 12 nla nla nla nla ~ Lane Control nla nla nla n/a 11 11 Table 2-2 Minimum Initial Intensities for Circular Indications (in cd) 200 mm 300 mm Angle (v,h) Red Yellow Green- Red Yellow Green 2.5 ±2.5 157 314 314 399 798 798 2.5, ±7.5 114 228 228 295 589 589 2.5, ±12.5 67 133 133 166 333 333 2.5, ±17.5 29 57 57 90 181 181 7.5, X2.5 19 238 238 266 532 532 7.5, f7.5 105 209 209 238 475 475 7.5, ±12.5 76 152 152 171 342 342 7.5, ±17.5 48 95 95 105 209 209 7.5, ±22.5 21 43 43 45 90 90 7.5, ±27.5 12 24 24 19 38 38 12.5, ±2.5 43 86 86 59 119 119 .12.5, ±7.5 ~ ~ 38 76 76 57 ~ 114 114 12.5, ±12.5 33 67 67 52 105 105 12.5, ±17.5 24 48 48 40 81 81 - 12.5, ±22.5 ~ 14 29 29 26 52 52 12.5, f27.5 10 19 19 19 38 38 17..5, ±2.5 19 38 38 26 52 52 17.5, ±7.5 17 33 33 26 52 52 17.5, X12.5 12 24 24 26 52 52 17.5, f17.5 10 19 19 ~ ~ 26 52 52 17.5, ±22.5 7 14 14 24 48 48 17.5,.127.5 5 10 10 19 38 38 . C-17 7-2.07A.10 CERTIFICATE OF COMPLIANCE. The Contractor shall provide the Engineer a Certificate of Compliance from the manufacturer in accordance with the provisions of Section 6-1.07, "Certificates of Compliance," of the Standard Specifications. The certificate shall certify that the LED signal modules comply with the requirements of these specifications. Said certificate shall also certify the LED signal modules conform to the pre-qualified and testing approval of CalTrans and was manufactured in accordance with the CalTrans quality control program. The certificate shall also include a copy of all applicable test reports on the LED signal modules. 7-2.07A.11 MAINTENANCE PERIOD AND REPLACEMENT MODULES. Five extra modules of each size and type that are furnished for this project shall be delivered to the Engineer for use as replacements for modules tha# may fail during the one year maintenance period. When the maintenance period has expired, the LED signal modules being held for .use as replacements will be released to the Contractor at the address noted below. Three spare modules of each size and type used for this project shall then be furnished by the Contractor. 7-2.07A.12 GUARANTEE. LED signal modules shall be guaranteed. by the Contractor for a period of one year starting on the day after the project is accepted by the Engineer. Modules that fail during this period shall be replaced at no cost to the City, except that City forces will change out the modules in the field. The replacement modules shall be delivered to the Engineer, or to the City Corporation Yard located at 4101 Truxtun Avenue, within five working days after notification. The failed modules will be made available to the Contractor at the above address at the same time as the replacement is delivered. 7-2.O7A.13 WARRANTY. The manufacturer shall. provide a written warranty against defects in materials and workmanship forthe LED signal modules fora period of 36 months after installation of the modules. Replacement modules shall be provided promptly after receipt of modules that have failed at no cost to the City except cost of shipping of the failed modules. All warranty documentation shall be given to the Engineer prior to installation. 7-2.08 LIGHT EMITTING DIODE PEDESTRIAN SIGNAL FACE (COMBINATION SIGNAL) shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces", of the Standard Specifications and these special provisions. Unless othennrise noted on the plans, pedestrian signals shall be Type A conforming to the following: Pedestrian Signal Face (Combination Signal} shall utilize light emitting diode signal modules. All devices-must meet the general specifications of the Transportation Electrical Equipment Specifications (TEES}, Chapter 1--General Specifications, aswell asthe followingspecification. Incase ofconflict, this specification shall govern overthe TEES, Chapter 1. 7-2.08A.1 General 1.1 Each module shall consist of an assembly that utilizes LEDs as the light source in lieu of an incandescent lamp for use in traffic signal. sections. 1.2 The LEDs shall utilize appropriate technology to achieve the required color and shall be the ultra bright type rated for 100,000 hours of continuous operation from 40°C to +74OC. 1.3 The modules shall be rated for a minimum useful life of 48 months. Ali modules shall meet all parameters of this specification during this period. 1.4 The individual LEDs shall be wired such that a catastrophic loss or the failure of one or more LED will result in the loss of not more than five percent of the signal module light output. a 1.5 Electrical 1.5.1 Power Consumption 1.5.1.1 Maximum power consumption requirements for the modules are as follows (inWatts}: 25°C 74°C . "Hand" 1.0.0 12.0 "Walking Person" 9.0 12.0 1.5.1.2. LED modules will have EPA .Energy Star compliance ratings, if applicable to that shape, size and color. 1.5.2 Operation Voltage C-19 7-2A8A.2 Type A Pedestrian Signal Face (Combination. Raised HandNValking Person section) The following specifications requirements apply to the Walking Person section only. All general specifications apply unless specifically superceded in this_section. 2.1 General 2.1.1 ~ Pedestrian signal face modules shall be designed to mount behind or replace the existing face plate of existing Type "A" housing as specified by the requirements in the ITE Publication: E~uiument and Material Standards, Chapter 3 (Pedestrian Traffic Control Signal Indications.}. 2.1.2 The design of the modules shall require a specific mounting orientation. 2.2 Photometric Requirements 2.2.1 Each module shall provide an average luminous intensity of at least 3,750 candelalm*for "Hand" and 5,300 candelalm~for "Walking Person" symbol throughout the useful life over the operating temperature range. 2.2.2 The uniformity ratio of an illuminated symbol shall not exceed 4 to 1, between the highest luminance area and the lowest luminance area in the module. . 2.2.3 The color output of the module shall conform to the requirements of Section 5.3 in the ITE Publication: Equipment and Material Standards, Chapter 3 (Pedestrian Traffic Control Signal Indications}. 2.2.3.1 "Hand "shall be Portland orange. not greater than 0.390, nor less than 0.331, nor less than 0.997 -x 2.2.3.2 ~ Walking person shall be lunar white. x: not less than 0.290, nor greater than 0.330 y: not less than 1.5x -0.175, nor greater than 1.5x -0.130 2.3 Physical and Mechanical Requirements 2.3.1 The module shall be designed to be used in the pedestrian signal section as retrofit replacement for existing signal lamps and shall not require special tools for installation. 2.3.1.1. The module shall tit into existing pedestrian signal. section housings built to the PTCSH specifications without modification to the housing. 2.3.2 The height of each symbol on the module shall be notless than 250 mm and the width of each symbol on the module shall not be less than 165 mm. 2.4 Construction The modules shall be a single, self-contained device, not requiring on-site assembly for installation into an existing Type ..A.. housing. 7-2.08A.3 Quality Assurance 3.1 The modules shall be manufactured in accordance with a manufacturer quality assurance (QA) program. The QA program shall include two types of quality assurance: (1)design quality assurance .and (2)production quality assurance. The production quality assurance shall include statistically controlled routine tests to ensure minimum performance levels of LED signal modules built to meet this specification, and a documented process of how problems are to be resolved. 3.2 QA process and test results documentation shall be kept on file for. a minimum period of seven years.. 3.3 LED signal module designs not satisfying design qualification testing and the production quality assurance testing performance requirements described below shall not be labeled, advertised, or sold as conforming to this specification. 3.4 Design Qualification Testing 3.4.1 Design Qualification Testing shall be performed by the manufacturer or an independent testing lab hired by the manufacturer on new LED module designs, and when a major design change has been implemented on an existing design... A major design change is defined as a design change (electrical or physical}which C-21 7-2.08A.5 Maintenance Period and Replacement Modules Five extra modules of each size and type that are furnished for this project shall be delivered to the Engineer for use as replacements for modules that may fail during the one year maintenance period. When the maintenance period has expired, the. Pedestrian Signal Face (Combination Raised HandlvValking Person) modules being held for use as replacements will be released to the Contractor at the address noted below. Three spare modules of each size type used for this project shall then be furnished by the Contractor. 7-2.08A.6 Guarantee a Pedestrian Signal Face (Combination Raised HandlUValking Person) section modules shall be guaranteed by the Contractor for a period of one year starting on the day after the project is accepted by the Engineer. Modules. that fail during this period .shall be replaced and installed at no cost to the City. The replacement modules shall be delivered to the Engineer, or to the City Corporation Yard located at 4101 Truxtun Avenue within 5 working days after notification. The failed modules will be made available to the Contractor at the above address at the same time as the replacement is delivered. 7-2.08A.7 Warranty The manufacturer shall provide a written warranty against defects in materials and workmanship forthe Pedestrian Signal Face (Combination Raised HandlW~alking Person} modules for a period of 36 months after installation of the modules. Replacement modules shall be provided promptly after receipt of modules that have failed at no cost to the City except cost of shipping of the failed modules. All warranty documentation shall be given to the Engineer prior to installation. 7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High Pressure Sodium Luminaires", of the Standard Specifications and these special provisions. Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattages as shown on the plans. An in-line fuse shall be located in the pull box. 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Type IV photoelectric control 7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for the location complete with all necessary prom modules, conflict monitor, flasher units and relays, isolation. module, switch packs, detector cards, keys and locks. The central pad on the Foundation- Detail in State Standard Plan ES-4B shall be increased from a height of three and one-half (3.5} inches to a height oftwelve (12) inches. ?-2.12 VIDEO VEHICLE DETECTION SYSTEM.. City furnished vehicle detection equipment will be as follows: Econolite's AUTOSCOPE-2004, Video Vehicle Detection System (Video Controller) Econolite Image Senors Model Number AIS-BW-ZOOM-U-O (ZOOM Video Camera) Focal length as shown on the plans or as specified by the Engineer. City-furnished video cameras shall be installed by the contractor. Video Controllers will be installed by City forces. Contractor shall contact City Traffic Department (Traffic Signal Technician 661-326-3994) at least 48 hours in advance for r coordination and equipment delivery of City provided equipment. One 60 ft video cable per video camera shall be supplied by the City and installed by the contractor from the video camera Y to the signal-standard hand hole, the remaining video cable (Belden #828.1) shall be supplied and installed by the Contractor from the hand hole to the controller cabinet. The video cable shall run from the video camera continuous from camera pigtail connection to the handhold opening connected to the Contractor supplied cable and run continuous to the signal controller cabinet. Camera video and powercords shall enter luminaire arm using engineer approved crimp-type BNC connectors such as Amphenol 31-71032 and shall utilize a drip loop. Connectors should be installed using Amphenol CTL-2 Crimping Tool. Wea#herproof connections shall not be at bottom of drip loop. Connections at cameras shall be appropriately wrapped and weatherproofed. When allowed by the Engineer, splicing camera video coaxial cable and power wiring shall be spliced in the hand hole of each respective signal standard where video cameras are mounted. Splicing will not be allowed in pull boxes at the base of signal standards. All splices shall be appropriately wrapped and weatherproofed. t C-23  s t a j r •s PROPOSAL FOR Traffic Signal and Lighting System. Installations on White Lane at Grissom Street and Ming Avenue at Scarlet Dak Blvd To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance~with the plans. and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall,become the property of the City. City shall then be free to accept the bid of another bidder. Item No. Estimated Unit of Item Unit Price Extension Price Quantity Measure (In Figures} ~ (In Figures) 1. 2230 SQFT Remove Traffic Stripes and Pavement Markings 2. 19 EA Remove Roadside Sign (GSP Post} 3. 990 SQFT Minor Concrete (Sidewalk) 4. 150 LF Thermoplastic Traffic Stripe, Detail 38 5. 200 LF 4" Yellow Stripe 6. 1105 SQFT Thermoplastic Pavement Marking 7. 1 LS Traffic Signal. & Lighting System (White Ln at . Grissom St) 8. 1 LS Traffic Signal & Lighting System (Ming Ave at Scarlet Oak Blvd) TOTAL B!D $ Bidder acknowledges receipt of the following addenda: Clearly list any and all addenda numbers received on this project, above and on the lower left hand corner of the sealed 'bid return envelope. The .representations made herein are made under the penalty of perjury, Signed Bidder Company Address P.O. Box City, ~ State Zip Code Area Code Telephone No. License No.lExpiration Date Page 1 of 3 D-1 PROPOSAL FOR: Traffic Signal and Lighting System Installations on White lane at Grissom Street and Ming Avenue at Scarlet Oak Blvd. The Extension Price has been calculated by multiplying the Estimated-Quantity by the Unit Price. In the case oflump-sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) andlor the Bid Total, the Unit Prices}shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then~the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following: a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS Ail persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one percent (0.5%) of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000}, whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Address (City, State, Zip} Description of portion of work subcontracted (attach additional sheets if needed) - Page 2 of 3 D-2 PROPOSAL FOR: Traffic Signal and Lighting System Installations on White Lane at Grissom Street and Ming Avenue at Scarlet Oak Blvd ' Accompanying this proposal is _ [N4TlCE: In the blank above, insert the words "cash "cashier's check," "certified check " or "bidder' s bond," as the case may beJ, in an amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE . ~ Signa#ure of Bidder ,NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth. above together with the si nature of g the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall, be set forth above together with. the signature of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid;. otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No. Place of Residence Date Page 3 of 3 D-3 BIDDER'S. BOND (To Accompany Proposal) (Not necessary if cash or certified check is with bid} KNOW ALL MEN BY THESE PRESENTS: THAT WE as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of dollars . to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, hereunto annexed, to construct in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and. execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law,. within ten days (not including Sunday} from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall .be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set out hands and seals this day of , ~0 (Seal} (Seal) (Seal) Page 1 of 2 D-4 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Date personally appeared Personally known to me Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary r ------------------------------....OPTIONAL-------___--------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document . Titles} PARTNERS ❑LIMITED O ❑ GENERAL Number of Pages ❑ ATTORNEY-IN-FACT ❑ TRUSTEE S ❑ GUARDIANICONSERVATOR ❑ OTHER: ' Date of Document SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY~ES) Signers}Other than Named above Page 2 of 2 D-5 f CERTIFICATE OF ASSURANCE WITH REGARD. TO PARTICIPATION BY DISADVANTAGED BUSINESSES IN SUBCONTRACTING (Complete and submit with Proposal) City Project Title POLICY. It is the policy of the City of Bakersfield that disadvantaged businesses (as defined .in 49 CFR Part 26) shall have the maximum opportunity to participate in the performance of projects financed in whole or in part with Federal funds. The disadvantaged businesses requirements of 49 CFR Part 26 apply to this agreement and the work to be performed pursuant to this agreement. OBLIGATION. The Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 26) shall have the maximum opportunity to participate in the performance of subcontracts for work financed in whole or in part with the Federal funds provided pursuant to this agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged businesses have the maximum opportunity to compete for and perform subcontract work. Additionally, Contractor agrees not to discriminate on the base of race, color, national origin, or sex in the award and perfofmance of subcontracts for work financed, in whole or in .part, with the Federal funds provided pursuant to this agreement. CERTIFICATION. The Contractor certifies that: In accordance with the above described policy and obligation and the DBE provisions of the special provisions of this contract, the Contractor has taken affirmative actions to seek out and consider disadvantaged businesses for the portions of the work which are ,intended to be subcontracted and that such affirmative actions are fully documented in Contractor's records and are available upon request. In addition, Contractor will take such affirmative action on any future subcontracting relating to this contract. ' Dated. ~ Contractor's Signature: Printed Name: Company Name: D-6 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTiFlCATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPQRTUNITY CERTIFICATION The bidder ,proposed subcontractor hereby certifies that he has has not ,participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925,11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or - administering agency, or the former President's Committee on Equal Employment Opportunity; all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b} (1}), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. {Generally only contracts or subcontracts of $"10,000 or under are~exempt.} .Currently, Standard Form 100 {EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not fired the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. - D-7 Nonco!lusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of BAKERSFIELD DEPARTMENT OF PUBLIC WORKS In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or . her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation., partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. D-8 DEBARMENTAND SUSPENSION CE RTIFICATiCJN TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the folbwing space. Exceptions will .not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom, it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing. this Proposal on the signature portion thereof shall also constitute signature of this Certification. D-9 NCJNLUBBYING CERTIFICATI~ N FaR FEDERAL-A1D CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to an Y person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of .any cooperative .agreement, and the extension,. continua#ion, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing. or attempting to influence an officer or employee of any Federal agency, a .Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this, Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which .reliance was placed when this transaction was made or entered,into. Submission of this certification, is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fads to f le the required certification shah be subject 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 proposal that he or she shat! require that the langua e g of this certification be included in ail lower tier subcontracts, which exceed $100,000 and that all such s.ubrecipients shall certify and disclose accordingly. f D-10  DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM T4 DISCLQSE LOBBhING ACTIVITIES PURSUANT Td 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bidlofferlapplication a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan ~ For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Prime ~ Subawardee Enter Name and Address of Prime: Tier , if known Con ressional District, if known: Con ressional District, if known: fi. Federal DepartmentlAgency: 7. Federal Program NamelDescription: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No.14a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply} 13. Type of Payment (check ail tha# apply} actual planned a. retainer a b. one-time fee 7 2. Form, of Payment (check all that apply}: c. commission a. cash d. contingent fee b. in-kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Dates} of Service, including officer(s), employee(s), or members} contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15, Continuation Sheet(s) attached: Yes a No 16. Information requested through this form is authorized by Title 31 Signature: U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered iota. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: . information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the Title: required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Onl : Standard Form -LLL Standard Form LLL Rev. 09-12-97 D-11 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352, - The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an oftcer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is andlor has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3, Identify the appropriate classification of this report. If this is~ a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enterthe full name, address, city, state and zip code of the reporting entity. Include Congressional District i if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include bu# are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in~ltem 4 checks "subawardee" then enterthe full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization Level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1 If known, enter thefull Catalog of Federal DomesticAssistance (CFDA) numberforgrants, cooperative agreements, loans .and ban commitments. 8. Enterthe most appropriate Federal identifying numberavailable forthe Federal action identification in item 1(e.g., RequestforProposal(RFP)number, InvitationforBid(IFB)number, grantannouncementnumber, the contractgrant. orloan award number, the applicationlproposal control numberassigned bythe Federal agency}. Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardhoan 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 lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a}. Enter Last Name Initial (MI}. 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (.item 10). Indicate whether the payment has been made tactual) or will be made {planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate boxes}. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(esj. Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employees} or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print hislher name title and telephone number. Public reporting burden forthis collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-G4-~0«ENOIF» D-12 LOCALAGENCY BIDDER-DBE -INFORMATION This information may be submitted with your bid proposal. if it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2 of the Special Provisions. . Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CITY OF BAKERSFIELD PROJECT NAME: _ _ C0.-RTE.-K.P.: CONTRACT NO.: BID AMOUNT: $ - BID OPENING DATE: BIDDER'S NAME: DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION': CONTRACT ITEM OF WORK AND DESCRIPTION OF DBE CERT. NAME OF DBEs DOLLAR AMOUNT ITEM NO. SERVICES TO BE SUBCONTRACTED OR N0. Must be certified on the date bids are DBE3 MATERIALS TO BE PROVIDEDZ opened • include DBE address and phone number) IMPORTANT: Identify all DBE terms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE ?otal Claimed Participation ~ Subcontractors and their respective items(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2 of the Special Provisions. i 1.. DBE prime contractors shall enter their DBE certification number. Signature of Bidder .DBE prime contractors shall indicate alt work to be performed by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe Date (Area Code) Tel. No. exact portion of item to be performed or furnished by DBE. ~ 3. See the Disadvantaged Business Enterprise section of Section 2 of Person to Contact (Please Type or Print) the Special Provisions to determine the credit allowed for DBE firms. CT Bidder • DBE information (Rev 09-28-99} i i 1 1 D-13 j D6E INFGRMATIaN - GO~JD FAITH EFFORTS City of Bakersfield Project Names Federal-aid Project Number: Bid Opening Date: Bidder Name: The City of Bakersfield established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The above named bidder certifies that information provided herein shows that adequate good faith efforts were made. q, The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Date of Advertisement r. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone-records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates s, The items of work which the bidder made available to DBE firms, including, where. appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its won forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate . that sufficient work to facilitate DBE participation was bade available to DBE firms. Items of Work Breakdown of Items . t. The names, addresses and phone numbers of rejected DBE firms, the reasons for the.bidder's rejection of the DBEs, and the firms selected for that work ~piease attachcopies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's resection of the DBEs .Good Faith Effort Page 1 of 2 D-14 Names, addresses and phone numbers of firms selected for the work above u. Efforts made to assist interested DBEs ~in obtaining bonding, lines of creditor insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: v. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: w. ,The names of agencies, organizations or groups contacted to provide.assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.}: Name of Agencyl0rq~anization Method & Date of.Contract Results x. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): Signature of bidder: Good Faith Effort Page 2 of 2 D-15 ~y J .y AGREEMENT N0. SAMPLE CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFtELD, a municipal corporation, ~"CITY" herein) and , (a California Corporation, Hawaii Corporation, Delaware Corporation, Individual, etc.) ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires- #o 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 ~ . ("Project" herein} . . .The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not.. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities- before starting any subsurface work. 1.1 The following shall be deemed to be part of this Agreement as if fully set forth herein.: 1.1.1 Notice to Contractors 1,1.2 Special Provisions 1.1.3 .Bid Proposal ...1.1.4 _Bidder's Bond 1.1.5. Performance Bond- 1.1.6 Material and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 ALI provisions required bylaw to be inserted in this contract whether actually inserted or not. 1.1.9 Current State of California DAS 140 Form (if required by Specifications} 1.1.10 Drawings, if any. r 1.1.11 Public Contract Code § 22300 (Escrow Accounts). 1.1.12 Required Contract Provisions -Federal Aid Construction Contracts (Form .FHWA 1273) CONTRACTOR acknowledges that CITY is receiving federal-aid for the construction of a portion of this project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including form FHWA-1273, in his various. subcontracts and purchase orders .for the federally funded portions of this project. CONTRACTOR acknowledges that failure to incorporate form FHWA-1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal-aid funding. In the event of noncompliance~in regards to this requirement, CONTRACTOR will be required to correct the noncompliance.- CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments. due, or to become due, until correction is made. Failure to comply may result in termination of the contract." E-1 12. 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: 12.1 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: 12.1.1 Provide coverage for owned, non-owned and hired autos. 12.1.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. 12.2 Broad form commercial general liability insurance, ISO form CG00 01 11 85 or 88 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: 12.2.1 Provide contractual liability coverage for the terms of this Agreement. 12.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, ..employees and volunteers. 12.3 Vllorkers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One I'Jlillion Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. _12.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance orself-insurance maintained by the CITY, its mayor,. council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. Additional insured endorsement shall use ISO form CG20101185 (in no event with an edition date later than 1990). J 12.5 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below. Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. -12.6 All policies shall contain an endorsement providing the CITY with thirty (30} days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 12.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 12.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 12.9: Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. E-3 funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1.6.54 of the California Civil Code shall not apply to the interpretation of this Agreement. 18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 . (661) 326-3724 CONTRACTOR: 19. GOVERNING LAW. The laws of the State of California will govern the validity of this. Agreement, its interpretation and performance. Any litigation .arising in any way from this Agreement shall be brought in Kern County, California. 20. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as-CITY may choose to impose. 21, .BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context sorequires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.. This Agreement may be executed in any number of counterparts, ,each of which shall be considered as an original and be effective as such. 22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and. other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation,. become the property of the CITY. 23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3}years from the date ~s of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term `accounting records' includes the various subcontracts. and purchase orders that CONTRACTOR has issued on this project. CITY reserves the right to review any or all. those documents to ensure compliance .with -the federal. contract provisions. 24. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that the are, res ectively, duty authorized to sign on behalf of the entities and to bind the entities fully to each and all Y p of the obligations set forth in this Agreement. E-5 STATE OFCALIFORNIA -DEPARTMENT OF TRANSPORTATION Page 1 of 2 SUBCONTRACTING REQUEST (Exhibit 16-B, Local Assistance Procedures Manual DC-CEM-1201 REV. 4/94)(4LD HC-45)CT#7541-3514-7 See Instructions 0n Page 2 REQUEST NUMBER CONTRACTOR NAME COUNTY ROUTE BUSINESS ADDRESS CONTRACT N0. - ' CITYISTATE ZIP CODE FEDERAL AID PROJECT N0. From Special Provisions} CHECK IF: (See Categories Below) DESCRIBE WORK WHEN SUBCONTRACTOR BID ITEM % OF BID LESS THAN 100% OF WORK $ AMOUNT BASED (Name,. Business Address, Phone) NUMBER(S) ITEM SUBBED (1j (2) (3) IS SUBBED ON BID $ AMOUNT ' ti. Categories: 1)Specialty 2}Listed Under Fair Practices Act 3)Certified DBEIMBEIWBEIDVBE I Certify That: bb. The Standard Provisions for labor set forth in the contract apply to the subcontracted work. cc. If applicable, (Federal Aid Projects only) Section 14 (Federal Requirements}of the Special Provisions have been inserted in the subcontracts and shall be incorporated in any lower-tier subcontract. Written contracts have been executed for the above noted subcontracted work. CONTRACTOR'S SIGNATURE DATE NOTE: This section is to be completed by the Resident Engineer 1. Total of bid items 2. Specialty items (previously requested} $ 3. Specialty items (this request} $ 4. Total (lines 2+3) $ 5. Contractor must perform with own forces (lines 1 minus 4) x - % $ 6. Bid .items previously subcontracted $ 7. Bid items subcontracted (this request) . • • • • • $ 8. Total (lines 6+7) . $ 9. Balance of work Contractor to perform (lines 1 minus 8) $ $ sir ~ 'C~ ~ ~ tL~~r ~~pp i; c~.<,xt;N~.\ „~t .s~+„.t to RESIDENT ENGINEER'S SIGNATURE DATE CEM-1201 (HC-46 REV. 4194) COPY DISTRIBUTION:. 1.Original -Contractor 2. Copy -local agency Resident Engineer 3. Copy -local agency Labor Compliance Officer 4. Contractor's Information Copy E-7 FAITHFUL PERFORMANCE BOND _ KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has on Date of Award , 2000, awarded to Name of Contractor , a organized. and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for Traffic Si., nal and Lighting System Installations on White Lane at Grissom Street and Min Avenue at Scarlet Oak Blvd ;and WHEREAS, said Principal is required under the terms of said contract; and NOW, THEREFORE, WE, the. Principal, and Leave Blank for Bondin Compan~_, as Surety, are held and .firmly bound unto the Owner in the sum of 100°/Q of Amount Awarded at Council Meeting Dollars lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. .THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all ,respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit. is brought on this bond, will. pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period. of one..(1) year after the ccmpletion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall .fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1}.year from the date of acceptance of said work, and resulting from. or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect.: However, anything in this paragraph to the contract.notwithstanding,. the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms. of the contract or to the work or to the specifications. Said Surety hereby waives -the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and. in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, .incurred. by the Owner in successfully .enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above. mentioned parties have executed this instrument under their seals this day of , 20 ,the name and corporate seal of each corporate party being hereto. affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title Seal} Surety Surety Address & Telephone No. Signature for Surety, Title Attach notarization form for each required signature) E-9 o ~ _ ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (To be completed by the Contractor, if he elects #o substitute securities in lieu of retention} THIS ESCROW AGREEMENT is made and entered into... by and between: whose address is hereinafter called "Owner"; whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered info between the Owner and Contractor for in -the amount of dated (hereinafter referred to as the "Contract"). when Contractor deposits the securities as a substitute. for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amountthen required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities. shall be held in the name of - ,and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant. to the Contract provisions,: provided that the Escrow Agent hold. securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as .the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account~of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. E-11 GUARANTEE MATERIAL AND WORKMANSHIP CITY OF BAKERSFIELD ..Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: awarded on ~ ,between the City of Bakersfield (hereinafter referred to as "City"),and the undersigned, which contract provides for - ~ , and otherfacilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship andlor materials, and we agree to repair andlor replace at our own cost and expense, any and all such work, andlor materials which may prove-defective in workmanship or materials within a period of one {1 }year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect~excepted. We also agree to repair andlor replace, at our own .cost and expense,. any work andlor materials that we may disturb or displace in making good such defects. Within twenty-four (24) hours after being notified in writing by the City or the City's representative, orthe agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, . alf work necessary to fulfill the terms of this guarantee and to complete the work withina reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City andlor the City's representative; or the agent of either of them, to proceed to have such work- done at our expense and we will honor and pay the cost and charges therefor upon demand. , This guarantee is made expressly for and tuns to the benefit of both the City ofthe -above mentioned construction project and the City's representative, and shall be enforceable by either of them. Dated Contractor's Name Authorized Signature E-13 'pis ;crm sncwo ce svnt :o :re ~crnt ~ccrvnnasnco ~~,;mmcttvo cr ;;~o ~rt cr :,ace •n :ne arva cr :ca scto or w • ct:ccsc wont...t jou nano anv cuostsons as :c 'ne accrvss cr :w acarcorcate P U ~ L1 C 'NO R KS - .ocnt ~oorvntrcasrno Ccmmcttvo, contact :~v noarvst ctticv ct ~e c~ivtston of Acorenacvsnio S tanoaros ~ 0~►S i. ~onsuct your C C NTA ACT AWARD ! N F~ ~ ~ AT10 :oonono oiroc;cr~ unovr Czufornra, Staty or, ,naustrlal ~+ecaaons. for my CAS otticv m your area. lr1AAC OFCC~tta~C:"..A r: 'jf ~J1C'CTS S+a i ~ ;,C:.'~Se;4. ~ w.~r~C'Ciil~'J ~oCA~ ~'~L~EI~I' ~ SMC: i. w'•"f.~ ~w:C NA~ G:~c 3 i C.:.•ti'aVE - ~ ~ • I VIE i trOC~tt'~ CF ~~tlC'~+ORKS PAosEC' ~ c Cr C:Nf F,AC; ~w~Aa v~j~ OF ~cAECTp OR AC ~"wtL S ~~tn~ CF ~AO.cc:' :~s~oo~ESSCF~,~euc~cY~w~aowc ~~~c a-~sECt~eEROF,~a,~~!~►~ apQgEi'~TICz~ ~ OC;:.'?AT~CN CF APwoE~lRCC '~BEa TQ a,~ ~+~P.01K~ ~P~°OX'aIATE ^AT~'r ~~.OY~~ 1 • . • . • Cheo~ One Cf ~"rre Foxes Eelo~v: g~ t ; We reouest oisaatcn of acorentice~s~ for this ioo. ~~'Ve votuntaniy cnaose to cosnoly witn• the aC~liCa0le ~olnt ~oorentlcesnio C~mr~lttee Stancares .or the• curatron of this joo only, in training the acDrentlcecs~, '{'Ue assume no other d'oiigatsons to the co~cnmee or unions unoer State or Feoerai laws. ooX Z ~ Vile reouest disoatc~ of aaorenticets) for this joo. We do not wisp io ~oliow • the aDOlicaDle JOtnt ~oorentlcesnio Committee Stanaares in .training the aoorenttces; insteaa, we agree to errtoloy ana aln aocrentrcets} in acc~roance with the Califorrna Acorenttcesnio_ C~uncii ceguiattans goveming amatoyment ~i acorentices on ouoiic wont proiecs. We assume no other ooligailons to the committee cr urnons unoer Stara ar Federa~ taws. fox 3 We are already aooroved to train aoacentices oy the aooiicaoie .Joint Aoocenticesnio Cornr:rt:ae and- we w,il emoloy and tram unoer the $tanoaras. Box 4 ; ~ We oo not reouest ;he disoatch of acorentice(s1 since a0orentices ate not reauireo on ibis co under tre Frcvrsions of Califomra Laoor~ Code Section 1717., Because; • S;onarzlre i vpea Name - - i itle ^aie State of Californ~e - Oeoartment at Industrcal Releuons :~s ~~o rN~w 1YIS10N ~P ~PPAEyT1C~S~sIP S T ANOAAOS i i i i I~ I~ i i i