HomeMy WebLinkAbout2003 Special Provisions Project T1K032i ~ ~ k~
CITY OF BaKERSFIELD .
CALIFORNIA .
NOTICE TO CONTRACTORS,.
SPECIAL P~ROVISION~S,
BID PROPOSAL AND CONTRACT
F4R
. Instal! Traffic Si nab lnterconnecf on Go f g s ord Road
- BID OPENING:
DATE: APRIL 22, 2003
TIME: 11:00 A.M.
CITY PROJECT NO.: T~K032
FEDERAL PROJECT N4.: CML - -5109 078
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CITY OF BAKERSF.IELD :
PUBLIC WORKS DE~?ARTMENT C HESS . ~ No Q~Q ~ ~ N. ~
ANNEX BUILDCNG FLOOR 0 ~ EN ~ 3
1501 TRUXTUN ~AVE1V ~ Q~
i ~ BAKERSFIELD, CALiFCJRNIA 93301 ~ ~ Project En sneer: John Usse ~ w o.323oa : ~
L 9 ry ~
Telephone: X661 } 326-3581.. ~ j r .r. ESP. ~
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Filename: T:IPW ENGRISPEGBOILERI_SPBRSK ALL 12 23 02.DOC
Prepared from form document T:IPW ENGRISPEC•BOILERI SP BASIC ALL 12_23 U2:DOC
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TABLE OF CONTENTS
PART A
NOTICE TO CONTRACTORS A-1
GENERAL DESCRIPTION OF WORK .....................................................................................................A-3
,SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1.01 General A-4
1-1.02 Definitions and Terms A-4
SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 General lnformation - 2-1.02 Approximate Estimate -
2-1.03 Examination of Plans, Specifications, Special Provisions, a;nd Site of Work A-5
2-1.04 Rejection of Proposals Containing~Altera#ions, 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 A-6
2-1.10 Withdrawal of Proposals A-6
2-1.11 Public Opening of Proposals A-6 2-1.12 Relief of Bidders A-6
2-1.13 Disqualification of Bidders A-7
2-1.14 Disadvantaged Business Enterprise (DBE) A-7
2-1.14ADBE Goal For This Project ..............................................................................................A-9
2-1.146 Submission of DBE Information A-9
2-1.15 Federal Lobbying Restrictions A-10
SECTION 3 -AWARD AND EXECUTION OF CONTRACT
3-1.01 General A-11
3-1.02 .Award of Contract A-11
3-1.03 Contract Bonds A-11 3-1.04 Execution of Contract A-11
3-1.05 Return of Bidder's Guarantees A-11
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
4-1.01 General A-12
SECTION 5 -GENERAL
5-1.01 State Contract Act Not Applicable A-13 y r
5-1.02 Alteration in Quantity of Work A-13
. 5-1.03 Control of Work A-13
5-1.04 Prevailing.Wages A-13 5-1.05 Payroll Records -
5-1.06 Labor Nondiscrimination A-14
A-14 5-1.07 Apprentices
5-1.08 Trench Safety A-14
5-1.09 Sound Control Requirements A-14
5-1.10 Permits and Licenses A-15 5-1.11 Working Hours A-15
5-1.12 Laws to 6e Observed A-15
5-1.13 Contractor's Insurance A-1~5
5-1.13a Indemnity A-15
5-1.13b Insurance A-15 5-1.14 Contractor's Authority A-15
5-1.15 Work in City Streets A-15
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- . 6 fight of Way A-15
5-1.17 Su A-15 spension of Contract
5-1.18 Temporary Suspension of Work A-16
- .19 Payments A-16
5-1.20 Final Payment A-16 5-1.21 Increased or Decreased Quantities A-17
5- .22 Hazardous Materials A-17
5-1.23 Highway Construction Equipment A-17
5-1.24 Buy America Requirements A-17
5-1.25 Subcontractor and DBE Records A-17
S-1.26 DBE Certification Status A-18 - . 7 Performance of DBE Subcontractors and Suppliers .....................................................A-18
5-1.28 Subcontracting A-18
5-1.29 Prompt Progress Payment to Subcontractors A-19
5-1.30 Prompt Payment of Withheld Funds to Subcontractors A-19
5-1.31 DBE Utilization A-20
SECTION 6 - CONTROL OF MATERIALS
6-1.01 General A-21
6-1.02 Borrow, Disposal and Material Sites........., A-21
6-1.03 Certificates of Compliance A-21
PART B
F L REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
REQUIRED CONTRACT PROVISIONS (FORM 1273
FEDERAL PREVAILING WAGE PAYMENT INFORMATION
DAViS-BACON WAGE DETERMINATION SHEETS
PA-
SECTION 7 -GENERAL CONSTRUCTION
7-1.01 Relations with Arvin-Edison Water S#orage District C-1
7-1.02 Obstructions C-1
- . 3 Mobilization C-2 7-1.04 Maintaining Traffic C-2
7-1.05 Traffic Delineation C-3
-1.06 Remove Concrete C-3
7-1.07 Clearing and Grubbing C-3
7-1.08 Dust Control C-3 - .09 .Finishing Roadway C-4
7-1.10 Directional Drilling C-4
7-1.11 Conduit C-5
r - . 2 Conduit and Innerduct Sealing Plugs C-6
7-1.13 Conduit installation C-6
7-1.14 Pul! Boxes C-7 w 7-1.15 Traffic Signal Interconnect C-7
7-1.16 BoredlJacked Pipe C-7
7-1.17 Detectors C-8
7-1.18 Testing C-9
7-1.19 Guarantee C-9 7-1.20 Payment C-9
PART D
PROPOSAL Proposal Form D-1
Bidder's Bond D-4
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Certificate of Assurance with Regard to Participation of
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 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-9 aithful Performance Bond E-11
ater~al and Labor Bond E-12
Escrow Agreement, for Security Deposits in Lieu of Retention E-13
Guarantee -Material and Workmanship E-15
Guarantee -Equipment E-16
Public Works Contract Award Information (DAS 140 Form) E-17
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PART A
CITY OF BAKERSFlELD
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 a.m. on the date indica#ed on the cover sheet of this
documen#, to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work:
Install Traffic Signal Interconnect on Gosford Road
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing
Officer by posting a refundable deposit of zero ($0.00) for each complete set. Refund of deposit will be made provided
the plans and specifications are re#urned to the Purchasing Officer within twenty-one (21) days from the date of bid
opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of
bids due #o 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 18 percent disadvantaged business enterprise (DBE participation.
THIS PROJECT IS SUBJECT TO THE "BUY AMERICA" PROVISIONS OF THE SURFACE TRANSPORTATION
ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY
ACT O F 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 Section 2,
"Proposal Requirements", of the special provisions issued for this project. Each bid must be accompanied by a proposal guarantee in accordance with the provisions set forth under Sec#ion 2, "Proposal Requirements and
Conditions," of the Standard Specifications and Section 2, "Proposal Requirements", of the special provisions issued
for this .project.
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 accoun#s,
standby fetters of credit,~or any other security agreed to by the Contractor and the City of Bakersfield. The request for
substitution of securi#ies to be deposited shall be submitted on the form entitled "Escrow Agreement for Security Deposits in Lieu of Retention," included in the back of these special provisions.
The Contractor must possess a valid Class A License or a combination of Class C-10 and Class C-12 Contractor's
Licenses at the time bids are received for this project.
The Contractor shall ensure that all subcontractors are properly licensed for the work they are to perform.
t The proposed work shall be done in accordance with the Standard Specifications of the Sta#e of California, Department
of Transportation,, 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 (Sec#ion 1720 et seq.)
the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the
Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open
for inspection at the City of Bakersfield, Department of Public Works,1501 Truxtun Avenue, Bakersfield, California.
The City of Bakersfield hereby notifies all bidders that it will affirmatively insure that in any contract en#ered into pursuan# to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in
response to this invitation.
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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," asreferenced herein insofar
as t e 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 r precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the Standard
Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be
as follows:
City - City of Bakersfield, California.
. Departmen# 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 actin within the
scope of the particular duties en#rusted to them. g
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 Jul ,
1992. Y
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 generalprovisions, and the special provisions, shah have the
intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. The terms bid and proposal are used in the same way and can be freely interchanged herein.
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SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the Ci#y 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:
Install Traffic Signal Interconnect on Gosford Road
The bidder's attention is directed #o 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.
1n addition to the subcontractors required to be listed in accordance with Section 2-1.054, "Required Listin of
g Proposed Subcontractors," of the Standard Specifications, each proposal shall have lis#ed 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 amoun# of work will correspond therewith, but reserves the ri ht to 9 increase or decrease- the amount of any class or portion of the work or #o omit portions of the work #hat 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 #o 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 maybe
rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing
Officer, the form of which appears herein immediately following these special provisions. All proposals must give the
prices proposed. The bidder shall include all unit prices, extended prices and total prices on the proposal form. If any
of those prices are excluded, the submitted bid may be deemed non-responsive. Where indicated on the various
forms, the proposal must be signed by a person duly authorized by the bidder to bind the bidder to a contract.
If the proposal is made by an individual, his name, telephone number and post office. address must be shown. If made
by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown.
If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was
chartered and the names, titles, and business addresses of the president, secretary and treasurer.
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2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a
Proposal Guaranty made payable to the City of Bakersfield, for an amount equal #o at least ten percent (10%) of the
amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the
amount of ~/2 of one percent (0.5%) of his total bid or ten-thousand ($10,000) dollars, whichever is greater, in
accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the
Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of
penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized
substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing. requirement is in addition to the requirement to provide a list of DBE
Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed forms:
• Proposal Form;
• Bidder's Bond Form;
• Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting • Equal Employment Opportunity Certification;
• Noncollusion Affidavit;
. Debarment and Suspension Certification, Title 49, Code of Federal Regulations, Part 29;
• ~ Nonlobbying Certification for Federal-aid Contracts;
• Disclosure of Lobbying Activities;
• Local Agency Bidder -DBE Information; and • DBE Information -Good Faith Efforts Statement.
2.1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications
and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of the same
effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously
necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed,
shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted
work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public
notice for. the opening of bids by written request for. the withdrawal of the bid filed with the Purchasing Department.
The written request shall be on the bidder's letterhead and shall be executed by the bidder or his duly authorized
representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids
are opened exactly at the time fixed in the public notice for opening bids, a bid wi11 not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present.
2.1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Con#ract 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 wi#h the agency under this part or
from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer,
` director, responsible managing officer, or responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in
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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 eligibili#y 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 4F BIDDERS. More #han one proposal from an individual, firm, partnership, corporation,
or combination thereof under the same or different names wi11 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 maybe rejected. Proposals in which the prices obviously are unbalanced maybe 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
Ac# 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 combina#ion of the following:
1. The bidder will meet the goal by performing work with its own forces.
2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or
trucking companies. - .
3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal.
D. A DBE joint ven#ure partner must be responsible for specific contract i#ems of work, or portions
thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement
.with the proposal or the DBE Information form required in the Section entitled "Submission of DBE
Information" of these special provisions;
E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and
supervising the work;
F. DBEs must be certified by either the California Department of Transportation, or by a participating
agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of.bid opening. 1t is the Contractor's responsibility to verify that DBEs are certified. Listings of
certified DBEs are available from the following sources:
1. The Department's DBE Directory, which is published quarterly. This Directory may be
obtained from the Department of Transportation, Materiel Operations Branch, Publication
Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520;
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2. The Department's Electronic Information Bulletin Board Service, which is accessible by
modem and is updated weekly. The Bulletin Board may be accessed by first contacting the
Department's Business Enterprise Program at Telephone: X916) 227-8937 and obtaining a
user identification and password;
3. The Department's web site at http:llwuvw.dot.ca.govlhglbeplindex.htm;
G. Credit for materials or supplies purchased from DBEs will be as follows:
1. If the materials or supplies are obtained from a DBE manufacturer,100percent ofthe cost of
the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or es#ablishment that produces, on the premises, the
materials, supplies, articles, or equipment required under the contract and of the general
character described by the specifications.
2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost
of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store,, warehouse, or other establishment in which the
materials, supplies, articles or equipment of the general character described by the
specifications and required under the contract are bought, kept in stock, and regularly sold or
leased to the public in the usual course of business. To be a DBE regular dealer, the firm
must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may
be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel,
stone, or asphalt without owning, operating, or maintaining a place of business as provided in
this paragraph G.2. if the. person both owns and operates distribution equipment for the
products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and-not on an ad hoc or contract-by-contract basis. Packagers,
brokers, manufacturers' representatives., or other persons who arrange or expelite
.transactions are not DBE regular dealers within the meaning of this paragraph G.2.
3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a
regular dealer will be limited #o the entire amount of fees or commissions charged for assistance in 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 trucking 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;
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 an owner-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 anon-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
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absolute priority for use of the leased truck. Leased #rucks must display the name and
identifica#ion 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 appropria#e remedyfor 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 consultant to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors
should check the Caltrans website at http://www.dot.ca.govlhg/bep/partners.html to verify the current availability of #his
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):18 percent
Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to
assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontrac#ors
should check the Caltrans website at http:l/www.dot.ca gov/hg/beplpartners.html verify the 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.
It is the bidder's responsibility to make enough work available #o DBEs and to select those portions of the work or
material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to
establish that, prior to bidding, the bidder made adequate good faith efforts to do so.
If DBE information is not submitted with the bid, the apparen# successful bidder (low bidder), the second low bidder and the third how bidder shall submi# DBE information to the City of Bakersfield, Purchasing Officer,1501 Truxtun Avenue,
Bakersfield, California so the information is .received by the City of Bakersfield no later than 4:00 p.m. on the fourth
day, not including Saturdays, Sundays and legal holidays, following bid opening. -DBE informa#ion sent by U.S. Postal
Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including
Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding
the- bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the
City of Bakersfield.
The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To
establish good faith efforts, the bidder shall demonstra#e tha# the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made.
Bidders are cau#ioned that even though their submittal indicates they will meet the stated DBE goal, their submittal
should also include their adequate good faith effor#s information along with their DBE goal information to protect their
eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met.
The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will
participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE
transaction, and a written confirmation from the DBE that it is participating in the contrac#. A copyof the DBE's quote
will serve as written confirmation that the DBE is participating in the contract. When 100 percent of a contract item of
work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work
that a DBE prime contractor has committed to performing with i#s own forces as well as the work that it has committed
to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal.
The information necessary to es#ablish the bidder's adequate good faith efforts to meet the DBE goal should include:
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A. The names and dates of each publication in which a request for DBE participation for this project was
placed by the bidder.
B. 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.
C. 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 own forces) into economically feasible units to facilitate DBE participation. It is the bidder's
` responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms.
D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work,
and the reasons for the bidder's choice.
E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work
which was provided to DBEs.
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 bythe recipient or any lower tier subrecipient of aFederal-aid contract to payfor 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 funds other 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
t part of the bid documents.
A certification for Federal-aid contracts regarding paymen# of funds to lobby Congress or a Federal agency is included in the~Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities,n with instructions for completion of the
Standard Form is also 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 any
lower-tier contracts exceeding $100,000. A11 disclosure forms, but no# certifications, shall be forwarded from tier to tier
until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure.form at the end of each calendar
quarter in which there occurs any event that requires disclosure or that materially affects the .accuracy 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 reported includes: _
A. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or
attempting to influence a covered Federal action; or
B. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
action; or
C. A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence
a covered Federal Action.
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SECTION 3 -AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose
proposal complies with all the requirements .prescribed and who has met the goal for DBE participation or has
demonstrated, to the satisfaction of the Ci#y, adequate good faith efforts to do so. Meeting the goal for DBE
participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. The language 'lowest responsible bidder' refers to not only the a#tribu#e of
#rustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if awarded, will be made within sixty X80}calendar days
after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficien# bonds insured by an admitted surety
insurer as set forth in Title X1V, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds
shall guarantee the faithful performance of the said contract by the Contractor and shad be in an amount equal to one
hundred percent X100%) of the contract price. The other of the said bonds shall guarantee payment to laborers,
mechanics and material workers employed on the job under the contract, shall satisfy the requirements specified in
Section 3248 of the California Civil Code and shall be for an amoun# not less than one hundred percent X100°l0} of the total amount payable by the terms of the contrac#.
Whenever any surety or sureties on any such bonds required bylaw for the protection of the claims of laborers and
material men, become insufficient, or the City has cause to believe that such surety or sureties have become
insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding #hat originally required, as is considered necessary, considering the extent of the work remaining #o be
done. Thereafter no payment shall be made upon such contract to the Contrac#or or any assignee of the Contractor
until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The con#ract shall be signed by the successful bidder and returned, together
with acceptable con#ract bonds and acceptable, required insurance documents, within ten X10} days, not including Sundays.; after the bidder has received notice #hat the City offers to award the contract to the successful bidder. The
Commercial General Liability and Workers' Compensa#ion insurance policies shall contain additional insured
endorsements in favor of the City, its mayor, council, officers, agen#s, employees and volunteers, as required in these
specifications, No proposal shall be considered binding upon the City un#il the execution of the contract. All contracts
shall be considered as being made and entered into in the Ci#y of Bakersfield, California.
.Failure to execute a contract, file acceptable bonds and submit accep#able insurance documents as provided above
shall be just cause for the cancellation of the offer to award and the forfeiture of the proposal guaranty..
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10} days after the award of the contract, the City of
Bakersfield will return any monies or form for deposit of money #hat are not to be considered in making the award.
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SECTION 4- BEGINNING OF WORK, TIME OF COMPLETION
AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is direc#ed 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 35 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.
The Contractor shall pay to the City of Bakersfield the sum of One Thousand Dollars x$1000) 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.
J
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SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 1-1.40, "State Contract Act," and Section 9-1.10,
"Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State
Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this
contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any
form (although they may do so upon written agreement}.
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of ten-
thousand dollars ($10,000) or which, together with all other previously approved change orders for that contract
exceedstwenty-five percent (25%} of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shalt conform to the provisions in Section 5, "Control of Work," of the
Standard Specifications and these special provisions.
Section 5-1.02, "Plans and Working Drawings," of the Standard Specifications is amended by adding the following
paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved
by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by
the Engineer.
Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended by adding the following paragraph after
the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, ~in order #o detect any
variation from a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer. If
such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a
notice of less than twenty-four (24) hours be considered a reasonable length of time.
.Section 5-1,08, "Inspection" , of the Standard Specifications is amended by adding the following paragraph after the
first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to
the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be
subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours
labor shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep an accurate
record showing the name and actual hours worked for all workers employed in said work, and that said record shall be
kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all
Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations. This
schedule of prevailing rates is on file and available for inspection in the Public Works Department and through the
Department of Industrial Relations' website ht#p://wvuw.dir.ca.govIDLSRIPWD/. The schedule is incorporated herein
by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have
the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract.
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Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to
which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815
of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor Nondiscrimination," ofthe
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 7-1.01 A(5), "Apprentices," of the Standard
Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections,1771.5,
1777.6, and 1777.7 relating to the employment of apprentices.
if the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors
shall submit one of the following:
a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND
TRAIN APPRENTICES ON PUBLIC WORKS". This request shall be submitted #o the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's
letterhead or DAS 140,_ enclosed with these specifications.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations,
Division of Apprenticeship Standards.
c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS
($25,000) for excavation of any trench or trenches five (5) -feet or more in depth, the Contractor or his
Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been
submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer.
If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division
of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than
that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or. any of its employees.
The terms "Public Works," and "Awarding Body," as used in this section, shall have the same meaning as in Labor
Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS, Sound control shall conform to the provisions in Section 7-1.011,
"Sound Control Requirements," of the Standard Specifications and these special provisions.
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The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed
eighty-six (86) db at a distance of fifty X50) feet. This requirement in no way relieves the Contractor from responsibility
for complying with local ordinances regulating noise level.
Said noise level requirement shall applyto all equipment on the job or related to the job, includin but not limited to 9 trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound
signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid
for the various contract items of work involved and no adds#ional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all
governmental organization which requires such permits, licenses or fees. The Contractor shall procure a business
license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 8:30 a.m. to 4:30 p.m. Monda through Fr_ iday. Any deviations must be requested in writing and directed to the Engineer at the Pre-Job Conference. Written
approval from the Engineer is required for work beyond these limits.
Any time work proceeds which requires inspection services for more than a nine and one-half X9.5) hour work
day or on legal holidays or weekends, the Contractor will be charged for ail associated overtime charges and said
charges maybe withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State
and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of
the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has
obtained all insurance required under this section and the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any
Subcontrac#or to commence work on his subcontract until said certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deduc#ibles .under all required insurance policies.
5-1,13A INDEMNITY. The Contractor shall provide the indemnity required by the contract.
5-1.138 INSURANCE. The Contractor shall provide the insurance required by the contract.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the Citywith the
foreman's or superintendent's name who will be in charge of this project.
5-1.15 WORK !N CITY STREETS. All of the work shown on the plans and included in these specifications that is
located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinances regulating the a use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of
Streets of the City of Bakersfield and shall conduc# his operations incompliance therewith. -
5-1,16 RIGHT OF WAY. The right of way for the work #o 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
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Council in any such case shat! 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 shall terminate, and thereupon the City Council, or its duly authorized
representative, may employ other parties to carry the contract to completion, employ the necessary workmen,
substitute other machinery or materials, and purchase the materials contracted for, in such 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. !n 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 V1►ORK. 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 sui#able.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. 1n addition to the conditions, provisions, and requirements of Article 9-1.076, "Final
Payment. and Claims," of the Standard Specifications, the following shall apply:
.The City. may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any
.certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following:
Defective work not remedied;
Claims filed or information reasonably indicating probable filing of claims;
Failure of Contractor to make payment due for materials and/or labor; Information causing reasonable doubt that the contract can be completed for any unpaid balance;
Damages to another Contractor; and
Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.OlB, "Final Payment and Claims," of the Standard Specifications is amended to
~ r' read:
The Director will make the final determination of any claims which remain in dispute after completion of claim Y; review. A board or person designated by said Director will review such claims and make written recommendation
thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done
thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the
contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF
COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the
attached GUARANTEE when applicable.
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5-1.31 DBE UTILIZATION. At the preconstruction conference, the City will discuss with the Contractor the work each
DBE subcontrac#or will perform.
Before work can begin on a subcontract, the Con#ractor must submi# 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 Reques#" 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 "subcontrac#ing 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
"Subcon#racting Request". A change in the DBE or first tier subcontractor maybe addressed during a substitution
process at a later date.
Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE lnforma#ion" will be compared to those
listed in the completed "Subcon#racting Request". 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 #o 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 statute 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 #hat 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 #hey.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.
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SECTION 6 - CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the
Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is stared and before such material is used in the work. Representative preliminary samples of the charac#er
and quality prescribed shall be submitted by the contractor or producer of all materials #o be used in the work, for
testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of
national organizations, and such special methods and tests as are prescribed in the. specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of .any borrow or disposal sites used by the
Contractor #o produce or dispose of material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution and sound control that apply within the
limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul .roads shall be graded and treated so that, at the time of final
inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of
blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the
requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the
conflic#ing requirements of this section provided the permi# requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no
additional compensa#ion will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the
Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and
testing, if accompanied by a Certificate of Compliance
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Local Assistatsee Procedures Manual
PS&E Checklist Lutruetions ~ EX;HIBTT 12.E
. Attachment A
SECTION 14. FEDERAL REQUIREy1ENTS FOR FEDERAL•AID C4NSTRUCTI ON PROJECTS
GENERAL.--The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the ('this form need not be filled in if all 'oint ve
statutes, rules and regulations promulgated by the Federal Gov DBE ovmed.} ~ nture f rrns are
ernment and applicable to work financed in whole or in ~ part with Federal funds wiU apply to such work. The "Required Contract . .
Provisions, Federal•Aid Consttuc~on Contracts, "Form FHWA 1. Name of point venture -
1273, are included in this Section 14. whenever in said required contract provisions references are made to "SHA contractyng
officer," "SHA resident engineer," or "authorized representative of
the SHA," such references shall be construed to mean "Engineer" 2. Address of joint venture .as defined in Section 1.1.18 of the Standard Specifications.
PERFOR111ANCE OF PREVIOUS CONTRACT'. In ad- dition to the provisions in Section II, "Nondiscrimination," and 3. Phone_ number of joint venture
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. ('t'he The bidder shall execute the CERTIFICATION ~VTTH RE•
CARD ,:.'P0 THE ~ PERFORMANCE OF PREVIOUS .CON.. DBE partner must complete Schedule A.}
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPOR'hUIVITY ,CLAUSE AND THE FILING OF REQUIRED
REPORTS located in the proposal. No request for subletting or
assigning any portion of the contract in excess of 510,000- will • be considered under the provisions of Section VII of the
required contract provisions unless such request is accompanied a. Describe the role of the DBE 6rm in the joint venture.
by the CERTIFICATION referred to above, .executed by the proposed subcontractor.
NON•COLLUSION PROVISION.--The provisions in this b. Describe very -briefly the experience and business
section are applicable to all contracts except contracts for Federal
Aid Secondary pro}eels, qualifications of etch non•DEE joint venturer. Tide 23, United .States Code, Section 112, requires as a coadi•
lion 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 5. Nature of the joint venture's business directly or indirectly, entered into any. agreement, participated in
any collusion, or otherwise taken any action in restraint. of free competitive bidding in connection with the submitted bid. A form
to :.make the. non•coilusion affidavit statement required by Section 6. Provide a copy of the joint venture agreement.
11.2 as a certification under penalty of perjury rather than as a ..sworn statement as permitted by 28, USC, Sec. 1146, .is included 1. What is the claimed percentage of DBE ownership?
in the proposal,
. PARTICIPATION BY DISADVANTAGED BUSIi'~FSS EN-
TERPRLSES. IN SUBCONTRACTING.--t'art 26, Title 49, 8.Ownership of joint venture: (This need not be filled.. in if
Code of Federal Regulations applies to this Federa3-aid project. ;Pertinent. sections of~ said Code .are, incorporated in part or in its described 'in the, joint venture agreement, provided by question
entirety within other sections ~of these special provisions. -
6.). Schedule B--Information for Determining Joint Venture Eli-
gibility _
Revised 3-95 08-01.95
FR-1
Page 1Z-b5
LPP 01-04 March 15,2001
. x,oc~a Assistance trroce~iures 1'~~anual ~ EXHIBIT 12•E
PS&E Checklist Instrucrions ~ ~ A . ttachment B
REQiIIRED CONTRACT PROVLSIONS FEDERAL-AID CONSTRUCTION CONTRACTS
. (Exclusive of Appalachian Contracts) -
dance with the procedures of the U.S. Department of tabor (.DOL)
Page ~ set forth in 29 C'P'R 5, 6, and 7. Disputes within the meaning of 3 this clause include disputes b~~ween the contractor (or any of its I, General
subcontractors) and the contracting agency, the DOL, ar the 3 II, Nondiscriminabon contractor's employees or their representatives.
III.. Nonsegregated Facilities S
IV. Payment of Predetermined Minimum Wage 6 6. Selection of Labor: During the perfornnaiice of this contract, V. .Statements and Payrolls
8 the contractor shall not: VL :Record of Materials, Supplies,.and Labor..........:....... 9
a. discriminate against labor from any other State, `possession, VII. Subletting or Assigning the Contract 9 or temtory of the United States exce t for e
( p mployment .VIII. Safety: Accident Prevention 10 preference for Appalachian contracts, when applicable, as X. ~ False Statements Concerning Highway Project 1~0 specified in Attachment A), or .
X. Implementation ofClean Air Act and Federal Water
Pollution Control Act 10 b. employ convict labor for any purpose within the Umits of
the project unless it is labor performed by convicts who are on XI. ` ~ Certificaidon Regarding Debarment, Suspension, .
Ineligibility, and~Voluntary Exclusion .....1 11 Parole, supervised release, or probation. . XIL Certification Regarding Use of Contract Funds for II. NONDISCRIMIN
ATION bbying 12
A (Applicable to all Federal-aid construction contracts and to all TTACI:IlViENTS related subcontracts of $10,000 or more.} .
A. Employment Preference for Appalachian Contracts (included 1. Equal Em to nt O rtuni : E u . - in Appalachian contracts only) P ~ PPo h' q al employment
opportunty_(EEO) requirements not to discriminate and to take affirmative action to assure equal .opportunity as set forth: under
I. GE'~1ERAL laws, executive orders, .rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR~60} and orders of the Secretary of
. 1. These contract provisions shall apply to all work performed Labor as modified by the.. provisions prescribed .herein,. and im-
on the contract by the contractor's own organization and with the posed pursuant. to 23 U:S.C.140 shall constitute the EEO and assistance of workers under the contractor's immediate specific affirmative action standards for the contractor's project
upeanteadence and to all work performed on the contract by activities under this contract. The Equal Opportunity Construction
piecework, station work, or by subcontract. Contract Specifications set forth ..under 41 CFR 60-4.3 . and the provisions of the American Disabilities Act of ~ 1990
2. Except as otherwise provided for in each section, the con- (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and
tractor shall insert in each subcontract all of the stipulations 29 CFR 1634 are incorporated by reference in this contract. In the contained in these Required Contract Provisions, and further re- execution of this contract, the contractor agrees to comply with the
quire their inclusion in any lower tier subcontract or purchase following minimum specific requirement activities of EEO: order that may in -turn be made. The Required Contract Provisions -
shall not be incorporated by reference in any case. The: prime a. The contractor will work with the State. highway .agency
contractor... shall be responsible for compliance by any (SHA) and the Federal:. Government in carrying out .EEO obli- subcontractor. or ,lower bet subcontractor with these ,Required gallons and in their review of his/her activities. under the con-
Contract :Provisions, tract.
3. A breach of any of the stipulations contained in these Re- b. The contractor will accept as his operating policy the
gwred Contract Provisions shall be sufficient grounds for terms- following statement:
nation of the contract. ~ ~ "It is the policy of this Company to assure that applicants are.
4: A breach of the following clauses of .the Required Contract employed and that employees .are treated during, employment,
- Provisions may also be grounds for ~ debarment as provided in :.w;shout regard to their race, rehgton, sex; color, national ongtn, ' ?9 CFR 5.12: ~ ~ age or disability. .Such action shall ~ .include.: employment,
uPBrading, demotion, or transfer; recruitment or recruitment ad•
Section i, paragraph 2 verttstng; layof j` or termcnatton; rates of pay or other forms of Sectifln IV, paragraphs 1, 2, 3, 4, and 7; compensation; and selection for training, including apprentice-
Section V, paragraphs 1 and 2a through 2g. ship, preapprenticeship, and/or on-the job training."
5. Disputes arising out of the labor standards provisions of 2. EEO Officer: The contractor will designate and make
Section IV (except paragraph 5) and Section V of these Required known to the SHA contracting officers an EEO Officer who will Contract Provisions shall not be subject to the general disputes have the responsibility for and must be capable of effectively
clause of this contract. Such disputes shall be resolved in accor•
Form 1273 Reviud 3.95
08-07.95 FR•3
Page 12.67 LPP 01.04March 15, 2001
L~c.~u HSS1SG~ince t'roCetrures ~tilanual E~XHiBTT 12.E
PS&E Checklist Instructions A
~chment B
7. Unioos: if the contractor relies in whole or in part upon records as necess to document com ti
unions as a source of employees, the contractor will use his/her requirements. Such~records shall be re ' ~ EEO best., efforts to obtain the coo lion of such unions to increase rained for a penod of three
A~ years following: completion. of the contract .work and shall be opportunities for minority groups and women within the unions, available at reasonable times and places for ins 'on b
and to effect referrals by such unions of minonty and female thorized representatives of the SHA and the FHWA y au employees. ,Actions by the contractor either directly or through a
contractor's association. acting as agent will include. the procedures a. The records kept by the contractor shall document
set forth below: ~ following: the
a. The contractor will use best efforts to develop, in coop- (1) The number of minority and non•ttiinori ou
..oration with the unions, joint training programs aimed toward ~ members and women employed in each work classificty~d'o P uali 'n. non q fyt g, .snore tn~nonty group m~snbers and ,women for the project;
membership in the unions and increasing the skills of nunonty . group employees and women so that they may qualify for higher (2) The progress and efforts being made in cooperation
paying employment. with unions, when applicable, to increase em la nt o -
P Y~ P portunities for minorities and women; b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will (3) The progress and. efforts being made in loeatin , hirin
be contractually bound to refer applicants without regard to their ~ training, qualifying, and upgrading. tninorit ~ and femalge race, color, religion, sex, national origin, age or disability. employees; and Y
c. The contractor is to .obtain information, as to the referral (4) Thee progress and. efforts bein made in secutin the practices and` policies of the tabor union except that to the extent services of DBE subcontractors or subcontraotors gwi
such information is within the exclusive possession of the tabor ~ meaningful nvnori and female n resen 'on ~ union and such .labor union refuses to furnish such information em to ees. ~ p ~ a►mong thou
to the contractor, the contractor shall so certify to the SHA and P y.
shall set forth what efforts have been made to obtain such b. The contractors will submit an annual report to the SHA information. each ]uly for the duration of the project, indicadn ,the number
g of minority, women, and non•minority group employees
d. In the event the union is unable to provide the contractor currently engaged in ..each work classification r uired b the with a reasonable flow of minority and women referrals within contract ~ work.. This information is to be re ~ed on .Form
the time Limit set forth in the collective bargaining agreement, FHWA•1391. If on-.the job training is being repo red b s vial
.the contractor will, throw inde endent recruitment efforts, fill the. contractor will be required to .collect .and Pe ort the e ~ p provision, P mployment vacancies without regard to race, color, training data.
'..religion, sex, national origin, age or disability; making full
efforts to obtain qualified andlor qualifiable minority group III NONSEGREGATED FACILTI['IES persons and women.. ('The DOL has held that it shall. be no
excuse that the union with- which the contractor has a :collective A livable to all
bargaining agreement providing for exclusive referral failed to (pP Federal•aid construction contracts and to alt refer minority employees.} In the event .the .union referral prac- related subcontracts of $10,000 or more.)
lice prevents. the contractor from meeting.. the obligations a. By submission of this bid, the execution of this contrac or pursuant to Executive Order 11246, as amended, and these t
special provisions, such contractor shall immediately notify the subcontract, or the consummation of this material supply
`SHA. ~ agreement or purchase order, as appropnate, the bidder, Federal- aid construction contractor, subcontractor, material supplier, or
8. Selection of`Subcoatractors, Procurement of Materials and vendor, as appropriate, certifies that the firm does not maintain
Leasing of Equipment: The contractor shall not discriminate on or provide for its employees any segregated facilities at any of the grounds of .race, color, religion, sex, national origin, age or its establishments, and that the firm does not permit its
disability;. in the, selection- and retention of subcontractors, employees to perform their services at any location, under its
`including procurement of materials and leases of equipment. control,. where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO
. ~ a. The contractor shall notify all tential subcontractors and provisions of this contract. The firm further certifies that no suppliers ofhis/her EEO oblf ationspu der this contract. employee will be denied access to adequate fac~bues on the
S ~ basis of sex or disability. .
b. Disadvantaged business enterprises (DBE), as defined in 49 N ~ „ CFR ~ 26,' ~ shall have equal opportunity to compete for and b. As used in this cerhficahon, the term segregated facilities
...perform subcontracts which the contractor enters into pursuant means any wailing roams, work areas, restrooms and
to this contract. The contractor will use his best efforts to solicit - washrooms, restaurants and other eating areas, time clocks, bids from and to utilize DBE subcontractors or subcontractors docker rooms, and other storage or dressing areas, parking lots,
with meaningful minority group and female representation drinking fountains, recreation or entertainment areas,
among their employees. Contractors shall obtain Lists of DBE . transportation, and housing facilities provided for employees construction (inns from SHA personnel. which are segregated by explicit directive, or are, in fact, seg-
. regaled on the basis of race, color, religion, national origin, age
c. The contractor will use his best efforts to ensure subcon- or disability, because of habit, local custom, or otherwise. The tractor compliance with their EEO obligations. only exception will be for the disabled when the demands for
accessibility ovemde (e.g, disabled parking).
9. Records and Reports: 'The contractor shall keep such
Form 1173 --Revised 3.93
0&07.95 FR-5
Page 12•b9 LPP 01.04 March 1~; 2001
~~s~s~ancc rroceaures ~ylanual EXHIBIT 1Z-
PS&E Checklist IaLStructions E
Attachmeat B
as stated in the wage determination or shall pay another bona (4) In the event the Bureau of A '
fide fringe benefit or an hourly case uivalent thereof. PPr~n~.ship and Training, eq or a .State apprenticeship agency recognized by the Bureau,
b,`if the contractor or subcontractoe, as a ro riate does not wnthdraws appfQVal of an apprenticeship prog~, the pp p contractor or .subcontractor will no longer be permitted to
make payments to a trustee or other. third .person, helshe may utilize .apprentices at less than the a licab e canstder as a part of the wages of any taborer or mechanic the rate for the tom arable work orm~ ! predeternatned
amount; of any costs reasonably anticipated . in providing bona until an aece table ro ~ by regular employees
fide fringe .benefits under a plan or program, provided, that the P P ~ is approved. Secretary of Labor has found, upon the written request of the b. Trainees:
contractor, that the appbcable standards of the Davis-Bacon Act
...have been rpet. ,The Secretary of Labor may require the . Econtractor to set aside in a separate account assets for the (l ~ Except as provided in 29 CFR 5.16, trainees w~ not be
meeting of obligations under the plan or program, pertYU_tted to work at less than the pre<~ed .rate for the ork performed unless they are employed pursuant to and
4. Apprentices and Trainees (Prograim of the U.S. DOL) and individually registered in a program which has received prior
approval, evidenced by forntal certification by the DOL, Helpers: ~ Employment and Training Administration
a. Apprentices: {2) The ratio of trainees to journeymain-level a io on . the fob site shall not be greater titan ~ ~
' roved b the E to nt penmtted underahe plan (1) Apprentices will be permitted to work at less than the app y mP yme ..and Training Administrapon.
predetermned rate for the work they performed when they are AnY.employee listed on the payroll at a a~aince rate who is not employed pursuant to and individually registered in a bona ' regstered and, Pamcipaeng in a ~~8 P~~ approval by the
fide apprenticeship program registered with the DOL, . Employment and.Trai?mng .Admintstrabon shall, be paid not
....Employment , and Training Administration, Bureau of _ less. than the applicable wage rate on the ~ for the classification of wo dt~ermm~ation - Apprengceslup and Training, or with a State apprengceship . ~ lY Pte. Lt adchaon,
agency recognized by the Bureau, or if a person is employed ~ ~ Y trainee performing work on the fob site in excess of the in his/her first 90 days of probationary employment as an ti0 under ~ reg~~ Prog shall be paid not
apprentice in such an apprenticeship program, who is not less than the applicable wage.. rate on the wage determination
individually registered in the program, but who has been for the work actually performed. certified by the Bureau of Apprenticeship .and Training or a
State apprenticeship agency (where appropriate} to be eligible (3) Every trainee must be paid at not less ,than the rate
for-probationary employment as an apprentice. specified m the approved .program. foe his/her level of progress, expressed as a percentage of the journeyman-level
(2) ,The. allowable ratio of apprentices to journeyman-level hourly rate specified in the applicable wage determination.
employees on the job site in any craft classification shall not Trainees shall be paid fringe benefits in accordance with the . ~ be greater than the ratio permitted to the contractor as to the provisions of the trainee program. If the trainee program does
entire work .force under the registered program.. ~y not mention fringe benefits, trainees shall be paid the full
employee, listed on a payroll at an ,apprentice wage rate, who amount of fringe benefits listed on the wage determination is not registered, or otherwise employed as stated above, shall .unless the Admtntsirator of the ~ Wage: and Hour 1ivision
be paid not. less :than the applicable wage rate listed in the determines that there is an apprenticeship program associated wage determination for, the classification bf .work actually with. the corresponding journeyman-level wage rate on the
performed. In addition, any apprentice performing work on wage determination which provides for less than full fringe
the job .site in excess of the ratio permitted under the benefits for apprentices, in which case such trainees shall re- registered ;program shall. be paid not Less than the applicable ceive the same fringe benefits as apprentices.
.::wage rate- on the wage determination .for the work actually
:.performed Where a contractor or subcontractor is In the event the Employment and Training Adminis- performing construction on a project in a locality other than trailer withdraws approval of a training program, the con-
that in which its ro the ratios ;and wa a tractor or subcontractor will no longer be permitted to utilize p gram is registered, g .
rates : (expressed in percentages.. of the journeyman-level trainees at less than the applicable predetermined rate for the hourly rate} specified to the contractor's or subcontractor's work performed until an acceptable program is approved.
registered program shall be observed, ~ . .
• c. Helpers: (3) Every apprentice must be paid at not less than the rate
specified to the registered program for the apprentice's level Helpers will be permitted to work on a project if the helper of progress, expressed as a percentage of the journeyman- classification is specified and defined on the applicable wage
level.. hourly rate specified to the applicable wage deternunatton or is approved. pursuant to the conformance
deternunat~on. Apprentices shall be ,paid fringe: benefits in procedure set forth in Section IV.2. Arty worker listed on a accordance. with the provisions of the apprenticeship program. payroll at a helper wage rate, who is not a helper under an
If the apprenticeship program does not specify fringe benefits,. approved definttton, shall be paid not less than the applicable
apprentices must be paid the full amount of fringe benefits wage rate ~dn the wage determination for the classification of listed on the wage determination for the applicable work actually performed.
classification. If the Administrator for the Wage and Hour
Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. -
Form 1273 - ~cvistd 3-95
08-01.95 FR•7
- LPP 41-04 Page I2.7~
March 1~, 200
rs~ar~us~,ce rruceaures idtanuat EXHI$IT 12-E
PS&E Checklist Instructions . Attachment B
. c. Each contractor and subcontractor shall furnish, each week may be grounds for debarment action pursuant to 29 .
in which an .contract work is CFR S. l Z. y performed, to the SHA resident
~ngiaeer a payroll of wages paid each of its ~ employees VI, RECORD OF MATERIALS SUPPL (including apprentices, trainees, and helpers, described in ' AI!tD
Section IV, paragraphs 4 and 5, and watchmen and guards en- LABOR
gaged on work during .the preceding weekly payroll period). The payroll submitted shall set aut accurately and completely all 1.On till Federal'aid contracts on the National Highway System,
of the information required to be maintained under paragraph 2b except those which provide solely for the installation of protective
of this Section V. This infornnatioa may be submitted in any devices at railroad grade crossings, those which are constructed on form desired. Optional Form WH•347 is available for this a force account or direct labor basis, highway beautification
purpose and may be purchased from the Superintendent of contracts, and contracts for which the total final consitvction cost
Documents (Federal stock number 029-005-0014-1), U.S. for roadway and bridge is less than 51,000,000 (23 CFR 635) the Government Printing Once, Washington, D.C. 20402.. The contractor shall.
prime .contractor is responsible for the submission of copies of . payrolls by all subcontractors. a. Become familiar with the list of specific materials and
supplies contained in Form FHwA-47, "Statement of Materials
d. Each payroll submitted shall be accompanied by a and Labor Used by Contractor of Highway Coostniction "Statement of Compliance," .signed by+ the contractor or sub• evolving Federal Funds," prior to the commencement of work
contractor or his/her agent who pays or supervises the a nt under this contract.
of the rsons em to ed anti P ~ pe p y er the contract and shall certify the following: b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, aad also of
(1}that the a olI for the a o1I ~ the quantidcs of those specific n>aterials and su lies listed on p n p yt penal contains the Form FHWA-47, and in the units shown on Form information required to be maintained under paragraph 2b. of A-47.
this Section V .and that: such information is correct and c. Furnish u
complete; pon the completion of the contract, to the SHA resident. engurieer ~Qn Forn FHwA-47 .together with the data
- (2) that such laborer or mechanic (including each helper, required m P~~Ph lb ~ ma~tetials,and supplies, a apprentice, and traunee) employed on the contract during the final labor sum'mazY of all contract work ~nchcating the total
payroll period has been paid the full weekly wages earned, hours worked and the total amount earned.
. without rebate, either directly or indirectly, and that no , ` deductions have been made either directly or indirectly from ~ At the .prime contractors option, either a single report
the full wages earned, other than permissible deductions as set covering all contract work or separate reports for .the contractor
forth in the Regulations, 29 CFR 3; and for each subcontract shall be subnvtted.
(3) that each laborer or mechanic has -been paid not less VII. SUBLET'I?NG OR ASSIGNIlVG THE CONTR~iCT
that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as I, The.. contractor shall orni arith its ~o
specified in the applicable wage detemiinaeon incorporated wQ.. organization
into the contract. contract work amounting. to not less than 30 percent {or a greater percentage if specified elsewhere in the contract) of. the total
e. The weekly submission .of a pro rl executed. certification . .original contract price, excluding any specialty items. designated by set forth on the reverse side of 0 tion~ Form WH•347 shall the State.. Specialty .items rnay~_be performed by subcontract and
satisfy the requirement for submission of the "Statement of the amount of any such specialty items performed may be deducted
from the total original contract puce before computing the amount Compliance" required by paragraph 2d of this Section V: , of work required to be performed by the contractors own
f.~The falsification of an of the above certifcations ma .organization (23 CFR 635). y y
subject the contractor to civil or criminal prosecution under 18 a. "Its own organization" shall. be construed. to include onl U.S.C. 1001 and 31 U.S.C. 231. y
workers employed and paid: directly by the prime contractor and
g. The .contractor or subcontractor shall make the records re- equipment owned. or rented by the .,prime contractor, with or . quired under paragraph 2b of this Section V available for in- without operators. Such term does not include employees or
spection, copying, or transcription by authorized representatives equipment of a subcontractor, assignee, or agent of the prime
of the ,SHA, the FHWA, or the DOL, and shall permit such contractor. representatives io interview employees during working hours on b, "S cial Items" shall be .construed to be limit w
.the job. If the contractor or subcontractor fails to submit the re- ~ ~ ty ed to ork
gained records or to-make them available, the SHA, the FHWA, that requires highly specialized knowledge,, .abilities, or the DOL, or all may, after written notice to the contractor, equipment not ordinarily available in the type of contracting
sponsor, applicant, or owner, take such actions as may be nec- organizations qualified and expected to bid on the contract as a essary to cause the suspension of any further payment, advance, whole and in general are to be limited to Huron components of
or guarantee of funds. Furthermore, failure to submit the the overall contract.
required records upon request or to make such records available
Fcxm 1273 Rr+ised 3.95 8&07.95
. FR•9
Page 12.73 . LPP 41.04 March 1~, 2041
Local Assistance Procedures 1~Ianual EXHIB
PS&E Checklist instructions IT i2-E
Attachment B
for the contract is under consideration to be listed on the EPA List g. Tht s five artici ant
of Violatin Facilities. ~ p P ether agrees by g submitting this proposal that it will include the clause titled
Certification Regarding Debarment, Sus nsion, 4. That the firm agrees to include or cause to be included the and Volun Ex ~ Ineligibility
requirements of paragraph 1 through 4 of this Section X in eve rovid elusion-Lower Tier Covered Transaction," ry p ed by the department or agency entering into this covered nonexempt subcontract, and further agrees to take such action as transaction, without modification, in till lower der c v
the government may direct as a means of enforcing such re- transactions and in all solicitations for lower der ~ vexed
qurrements. o eyed transactions.
XL CERTIFICATION REGARDING DEBARMIENT, h. A participant in a covered transaction ma reI u
certificaation of a ros tiv • • Y , Y pen a SUSPENSION, IlYELIGIBILITY ,AND VQLUNTARY p pet a pa►mctpant in a lower t2er covered
EXCLUSION transaction that is not debarred, suspended, ineligible, or . voluntarily excluded from the covered transaction, unless it
knows that the. certification is erroneous A. participant may 1. hstructioas for Certification • Primary Covered decide the method and e • ' • .
Transactions: i 'bill ncY by which it deteimiries the el- ln ty of its pnncrpals. Each participant may, but is not
required to, check the nonprocuremcnt portion of .the "Lists of {Applicable to all Federal-aid contracts • 49 CFR 29) Parties Excluded From Federal Procurement or Nonprocurement
. Programs" {Nonprocurernent List) which is compiled by the
a. By signing and submitting this proposal, the prospective General Services. Administration. . Primary participant is providing the certification set out below. .
i. Notlttng contained to the foregoing shall be consaiued to
b, The inability of a person to provide the certification set out ~ require establishmeiti of a systnln of records in order to render in below will not naxssarily result in denial of participation in this : g~~ faith .the certification required by this clause.: The
.:covered. transaction. The prospective pargcipant shall submit an knowledge and information of parnapant is not ~ regrind to explanation. of why it cannot provide the certification set out exceed that which is normally pow by a prudent person in
below. The certification or explanation anll be considered in the ordinary course of business dealings.
connection with ,the department• or agency's determination . whether to enter into this transaction. However, failure of the . Except for transactions authorized under paragraph f of
• prospective primary participant to furnish a certification or an these instructions, if a participant in a. covered transaction
explanation shall disqualify such a person from participation in knowingly enters into a lower tier covered transaction with a this transaction. person who is .suspended, debarred, meiigible, or voluntarily
excluded from participation in this transaction, in addition to
c. The certification in this clause is a material representation other remedies available to the Federal Government, the de- of fact upon which reliance was placed when the department or partment or agency may terminate this transaction for cause or
agency .determined to enter into this transaction. If it is later default.
determined that the prospective primary participant knowingly rendered tilt` erroneous certification, in addition to other
remedies available to the .Federal Goveniment, the department or agency tray terminate this transaction for cause of default. ~ Certification Regarding Debarment,
Suspension, Ineligibility and: Voluntary
d. The prospective primary participant shall provide im• Exclusion--Primacy Covered Transactions mediate written notice to the department or agency to whom this
proposal is submitted if any time the prospective .primary 1. The prospective primary participant certifies to the best of
participant learns that its certification was erroneous when its knowledge and belief, that it and its principals; submitted. or has become erroneous by .reason of changed
circumstances. a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily .excluded from e. The terms "covered transaction," "debarred," "suspended," covered transactions by any Federal department or agency;
".ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principal," "proposal," b. Have not within a 3-year period preceding this proposal and :'.voluntarily excluded," as .used, in this clause, .have the been convicted of or had a civil judgment rendered-against .
meanings set out in the Definitions and Coverage sections of them .for commission of .fraud or a criminal offense in ,rules ,implementing Executive Order 12549. You may contact - connection with obtaining, attempting . to~ obtain, or
:.:the department or agency to which this proposal is submitted for performing a public (Federal, State or local) transaction or
assistance in obtaining a copy of those regulations. contract under a public .transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
f. The prospective primary participant agrees by submitting ~ ~ ~ forgery, . bribery, falsification or destruction of records,
..this: proposal that, should the proposed covered transaction be making false statements, or receiving stolen property; entered into, it shall not knowingly enter. into any lower tier .
.covered transaction with a person who is debarred, suspended, ,:c. Are not presently indicted for or otherwise cnmunaily or
;declared ineligible, or voluntanly excluded from participation in civmlly charged, by a governmental entity {Federal, State or this covered transaction, unless authorized by the department or local) with commission of any of the~offenses enumerated in
agency entering into this transaction. paragraph 1 b of this certification; and
Form 1?~3 - Revised 3.95 OS-o7.95
FR~11
Page 12-7 LPP 01-04
March 15, 2QOI
1
r.acar ~►sslstance Yroceduxes 1~Ianual E
PS&E Checklist Instructions ~ XHIBIT 1., E
. ~ - Attachment B grant, loan, or cooperative ageement, :the undersigned shall be subject to a civil nalt of not less than.
complete and submit Standard Form- ~ y $10,000 and not more LLL, "Disclosure Form to than. $100,000 for each such failure.
Report Lobbying," in accordance with its instructions. .
3. The prospective participant also.. agrees by ubmittin his or 2. This certification is a material representation of fact upon her bid or pro sal that he or she shall r g po egwre that the language of
which reliance was placed when this transaction was made or en• thin certification be included in all Lower tier subcontracts tend into. Submission of this certification is a prerequisite for exceed $100,000 and that all such reci tentsshall Ce 'which:
making or entering into this transaction imposed by 31 U.S.C. disclose accordingly P rtify and
135,.. Any person who fails to file the required certification shall ~ ~ .
FEDERAL-AID FE1I~ALE 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:
. , Goal for Women. 20 Sacratnenio, CA.....: ~ I6,1 . , to; A~ Placer; CA Sacramen
{appbes nadQnwide):►............(percent3 b.9 CA Yolo.
The following are goals for minority u ' ' •on: .
on-SMSA Counties 14.3. CA Butte; CA Colusa;
CALIFORIVIA► ECONOMIC AREA CA EI Dorado; CA Glenn; CA Nevada; CA Siena;
CA Sutter; CA Yuba
(Percent) 178 Stockton-Modesto, CA:
I74 Redding, CA:
SMSA Counties: on-SMSA Counties 6.8 5170 Modesto, CA....................................... I2.3
CA Lassen; CA Modoc; CA Stanislaus. CA Plumas; CA Shasta;
CA Siskiyou; CA Tehama. 8120 Stockton, CA 24.3
CA San Joaquin. . I75 Eureka, CA: Nvn•SMSA Counties 19.8
CA Alpine; CA Ainador,
CA Calaveras; CA Mariposa~ Non-SMSA Counties. b.6 CA Del Norte; CA Humboldt; ~ CA Merced; CA Tuolumne.
CA .Trinity, i79 Fresno-Bakersfield, CA:
I74 San Francisco-Oakland•San Jose, CA:
SMSA Counties:
SMSA Counties; flb80 Bakersfield, CA 19.1 7120 Saiinas•Seaside- CA Kern.
Monterey, CA 28.9 2840 Fresno, CA.......................................... 26.1
CA ,Monterey. CA Fresno. 73b0 San FranciscaOakland, CA ~ 25.b Non•SMSA Counties 23.6
CA Alameda; CA Contra Costa; CA. Kings; CA Madera;
CA Mann; CA San Francisco; ~ CA Tulare. CA San Mateo.
~:.-7400_San.Jose,.CA 19.6 I80 Los Angeles, CA:
CA Santa Clara. SMSA Counties:
7485 Santa Cruz, CA 14.9 . . . CA Santa Cruz. 03b0 Anaheim•Santa Ana-Garden
: , ~ ~ Grove, CA. 11.9 7500 Santa Rosa, CA 9.1 ~ ~ CA Oran e.
CA Sonoma. g 4480 Los Angeles-Long 8720 Vallejo-Fairfield- Napa, CA 17.1
Beach CA CA Napa; CA Solaro ~ 28.E
CA Los Angeles. ~ . 6000 Oxnard-Simi Valley- .
Non-SMSA Counties 23.2 Ventura, CA 21.5 CA Lake; CA Mendocino; CA Ventura.
CA San Benito.
Form 1?73 --Revised 3.95
08-Q7.95
FR•13
Page 1•'17 LPP 01-04 March ~ 15, 2x01
FEDERAL PREVAILING WAGE PAYMENT INFORMATION
Immediately following is a copy of the project Federal Wage Decision, which is the listing of Federal prevailin wa es g g to be paid to all laborers and mechanics. Unless modified prior to bid opening, this wage decision or the general wage
rates as determined by the California Department of Indus#rial Relations, whichever is higher, will apply to this ro'ect.
pl Ail prospective contractors and subcontractors on this project should check this Federal wage decision to make sure
#hat an area labor classification and wage rate is specified .for .each of the different trades that the
contractor/subcontractor intends to use on this project. (Please note that area numbers vary for Kern Count from Y
trade to trade.} If a proper Federal area classification and wage rate cannot be found for a trade that you, as a prime contractor.or subcontractor, intend to use on this project, please immediately contact the County of Kern Communit
Y Development Program Department at (805} 861-2041. The. Community Development Program Department will, on
your behalf, contact the U.S. Department of Housing and Urban Development (HUD} and the U.S. Department of
Labor to ascer#ain what the proper Federal area classification and wage rate are.
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SECTION 7 -GENERAL CONSTRUCTION
7-1.01 RELATIONS WITH ARVIN-EDISON WATER STORAGE DISTRICT. Attention is directed to Section 7-
1.11, "Preservation of Property",and Section 7-1.12, "Responsibility for Damage", of the Standard Specifications.
The Arvin-Edison Canal is under the jurisdiction of the Arvin-Edison Water Storage District, and the Contractor, in the performance of work hereunder, shall obtain any necessary permits and shall at all times complywith the rules
and regulations of the District as the same presently exists or as they may be amended from time to time. It shall
be the Contrac#or's responsibility to inform himself regarding the contents of said rules and regulations. The City
will obtain aright-of-way entry from the Arvin-Edison Water Storage District to enter their property and perform the
work. No work shall begin prior to the City obtaining aright-of-entry from the Arvin-Edison Water Storage District.
The Arvin-Edison Canal is not scheduled to be shut down during construction and the Contractor shall assure that
the canal will operate a# normal capabilities during the construction period. It shall be the Contractor's
responsibility to provide for handling any water or for passage of any flows that may occur during construction of
this project. The work performed in the canal shall be in conformance with the requirements in Section 7-1.01 G,
"Water Pollution", of the Standard Specifications and these special provisions. Contractor shall provide for safe and adequate canal access for Arvin-Edison Water Storage Dis#rict personnel and equipment throughout project
construction.
The Contractor shall include the Arvin-Edison Water Storm e District, and each of its Directors, officers, agents,
servan#s, employees and consultants, as additional insureds under and with respect #o any and all insurance coverage required by #hese special provisions including, without limitation, the insurance coverage required by
Section 5 of these special provisions.
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.
7-1.02 OBSTRUCTIONS. Atten#ion 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 utilityfacilities and other improvements that are to remain in
place within the construction area or that are to be relocated and relocation opera#ions have not been completed. In accordance with the provisions in Section 7-1.11, "Preservation of Property", and Section 7-1.12,
"Responsibility for Damage", of the Standard Specifications, the Contractor shall be liable to owners of such.
facilities and improvements for any damage or in#erference with service resulting from conducting his operations.
The exact location of underground facilities and improvements within the construction area shall be ascertained by
. .the Contractor before using equipment that may damage such facilities or in#erfere 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 coopers#e 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 #aken to minimize damage to existing irrigation systems and plant materials. The Contractor
shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and replacemen# of
damaged plant material at his own cost. In the event of interruption of irrigation operations due #o damage bythe
Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the
duration of irrigation interruption.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the
responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered
as included in the prices paid for the various items of work and no additional allowance will be made therefor.
C-1
PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be considered as included in the unit prices paid for various items of work and no additional compensation
will be allowed therefor.
7-1.03 MOBILIZATION. Mobilization shall conform to Section 11, "Mobilization", of the Standard Specifications and these special provisions.
PAYMENT. Full compensation for conforming to the requirements of this article shall be paid for at the lump sum
contract price for Mobilization in accordance with the provisions in Section 11, "Mobilization", of the Standard
Specifications.
7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and o#her warning and safety devices and their use shall conform to the requirements set forth
in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways", published by the State of California, Department of Transportation. Application and use of
devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and
progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The
contact at the Fire Department is Emergency Communications Center Manager, 661-861-2521.
The sixteenth and nineteenth paragraphs of Section 1-1.08, "Public Convenience", of the Standard Specifications,
shall be amended to read as follows:
Lane closures shall be allowed only between the hours indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
Gosford Road Northbound 8:30 am #0 4:30 pm
Gosford Road Southbound 8:30 am to 4:30 pm
Where construction operations are actively in progress, a minimum of one traffic lane for each direction of
travel shall be open for use by public traffic. Such lanes shall not be less than twelve {12) feet in width.
Where construction operations are not actively in progress the number of lanes specified by the table . below shall be open for use by public traffic. Such lanes shall not be less than twelve t12} feet in width.
Number of Lanes in Each Direction Required Number of Open Lanes in
on Roadbed Prior to Start of Construction Each Direction
1 1
2 2
3 or more 2
Public traffic may be permitted to use paved shoulders and, if half-width construction methods are used,
may also be permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of shoulders necessary for the accommodation of
public traffic thereon during paving operations.
C-2
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In
residential areas, aself-contained, pick-up type, power broom with water distribution system shall
be used.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond
the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth
herein.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in
the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7.1.09 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing
Roadway", of the Standard Specifications and #hese special provisions.
in addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard
Specifications, the following shall apply:
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all
excess andlor objectionable material originating within the project limits and transported by public traffic or
by the Contractor's operations.
The Contractor may use any method, approved by the Engineer, that does not create a dust problem to
remove the excess andlor objectionable material from the affected areas. However, in residential areas,
when a broom is used, a self contained, pick-up type, power broom with water distribution system shall be
.used.
PAYMENT. Full compensation for Finishing Roadway as specified shall be considered as included in the contract price paid for Conduit Installation and no separate payment will be made therefore.
7-1.10 DIRECTIONAL DRILLING. Directional drilling work shall comply with the requirements contained in the
"CALIFORNIA DEPARTMENT OF TRANSPORTATION Manual. for Encroachment Permits on California State
Highways Sixth edition 1997" including the following:
A. flrilling chemicals shall be used on all bores. A written analysis of soil samples shall be provided to
the drilling fluid manufacturer or qualified professional engineerforanalysis and recommendation of proper
mixtures prior to any directional bores. Soils analysis and drilling fluids program shall be made available for
inspection at any time during the directional drilling project.
B. Pressures and flow rates of slurry drilling mud must be closely monitored during the pilot bore and the
back reaming operations. Flow rates shall not exceed 76 liters per minute (20 gal./min.} and .pressures shall
not exceed 6.89 MPa X1000 psi).
C. All bores 254mm X10"} in diameter and larger shalt be pre-reamed prior to pulling the conduit. All bores that require a depth of more than 36"must bepre-reamed prior to pulling the conduit irrespective of the
diameter of the conduit being pulled back.
D. ~ Drilling Fluids shall be properly disposed. Drilling fluids shall not be disposed of by placing into storm
drains, sanitary sewers, or sidewalk gutters.
E. Minimum depth of cover shall be 0.915 m (3').
Companies proposing to conduct a directional boring project must show evidence that all crews, including
subcontractors, have the capabilities to verify ail previous bores by the use of an electronic locating device,
shown to be accurate to plus or minus 5% for line depth. Verification will be made during any time tha# the
project is ongoing at the request of the site inspectior.
F. Pilot bores are to be maintained within a window of one foot, right to left, of the centerline of the
proposed bore path. Pilot bores are to be maintained within a window of one foot, up and down, of the
centerline of the proposed bore path with a minimum depth of cover of .915 m ~3').
C-4
G. Pavement sections that buckle or heave 2 cm (3/4") or more must be saw cut and replaced in kind as
required by the City of Bakersfield Engineer. Concrete sidewalk sections, median islands, above ground
utilities, pull boxes that buckle or heave must be saw cut and/or replaced in kind. Sidewalk and/or curb and
gutter must be replaced to the nearest undamaged section.
H. Traffic control for receiver operator shall be discussed at the pre job meeting if necessary.
I. Contractor shall mark~and provide to the inspector a set of plans containing the following information:
1. Location of entry and exit point. 2. Radius of curvature.
3. Depth of coverage at 10' intervals.
7-1.10A.1 DIRECTIONAL DRILLING PIT AND RECEIVING PIT SHALL BE:
A. Located `at least 3.05 m (10'} from edge of pavement on conventional highways in rural areas for perpendicular crossings.
B. Located at least 1.52 m (5'}behind concrete curb or AC dike on conventional highways in urban areas for
perpendicular crossings or on concrete sidewalk for longitudinal installation.
C. Located at least 1.52 m (5'}outside toe of slope in embankment areas.
D. Directional boring and receiving pits deeper than five feet shall be in compliance with CAL-OSHA
requirements. Shoring and bracing for pits located within 4.57 m (15'}of traffic lanes on the City highway shall
not extend more than 1.0 m (36"}above pavement grade unless otherwise authorized bythe City's inspector.
7-1.10A.2 EXCAVATION AND BACKFILL: Excavation and backfill not specifically covered bythese provisions shall
be governed by applicable provisions of Section 19 "Earthwork" of Caltrans Standard Specifications. Prior to placing
successive structural layers, each layer shall be graded and compacted, and shall meet the grading tolerance specified
by the appropriate provision of Caltrans Standard Specifications. No excavation shall be left open afterworking hours.
At the .end of each working. day if any excavation tha# leaves a drop off of more than 0.15' in depth within 12' of the
edge of pavement shall be sloped at a maximum 4:1, backfilled or covered with a steel plate at the end of each work day. Steel plates shall be of sufficient thickness to support legal truck traffic.
7-1.1 OA.3 DAMAGES: Any damages to private or public facilities shall be immediately reported to City of Bakersfield
inspector and repaired or replaced to City of Bakersfield Standards or facility owner requirements, at the expense of
the Contractor. The Contractor shall be responsible for locating and protecting all underground facilities that may be in the work areas. Before any excavation, the Contractor shall call USA UNDERGROUND ALERT Ph: I-800-227-2600.
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.
_ 1-1.11 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Conduit shall be PVC Schedule 40 of Standard Iron Pipe Sizes or
Schedule 40 HDPE conduit. High density polyethylene conduit (HDPE} shall complywith the following specifications:
1. Conduit shall be fabricated from polyethylene and shall be in conformance with NEMA standards and
Article 347 of the National Electrical Code.. Non-black polyethylene conduit shall contain not less than 2500
parts per million (ppm} of a hindered amain ultraviolet light stabilizer. Ultraviolet stabilization additive for black polyethylene conduit shall consist of carbon black loading of 2.5%±0.5% by weight.
2. Conduit shall be manufactured from high density polyethylene resin designated as Type III, Category 5,
Class C, Grade P34 material in accordance with ASTM D1248. The material shall meet the requirements of
ASTM D2447-and NEMA TC-2
3. This conduit must be liquid-tight flexible conduit.
4. The entire length of each high density polyethylene conduit shall be installed without coupling, splices,
or joints (i.e: It shall be one continuous piece from pull box to pull box.}
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PVC conduit shall meet the following requirements:
1. Shall conform to UL Standard 651 and NEMA Standard TC-2.
- 2. Ail bends and couplers shall be UL listed and conform to NEMA Standard TC-3.
3. The end bell for the conduit shall conform to ASTM F-512.
1-1.12 CONDUIT AND INNE~RDUCT SEALING PLUGS. Except as otherwise noted, all empty conduits and empty
innerducts shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust, and
water into these conduits and their included innerducts. Sealing plugs shall be installed within each splice vault of pull
box.
Sealing plugs shall be removable and reusable. Plug sealing innerducts shall be the split type.
Sealing plugs that seal the innerducts shall seal each innerduct individuallywith appropriate sizes and configuration to
accommodate empty ducts.
Sealing plugs used to seal conduits and innerducts shall be capable of withstanding a pressure of 5 psi.
A sealing plug that seals an empty conduit or innerduct shall have an eye or other type of capturing device (on the side
of the plug that enters the conduit) to attach onto the pull rope, so the pull rope will be easily accessible when the plug
is removed.
PAYMENT. Full compensation for Conduit and Innerduct Sealing Plugs shall be considered as included in the contract
price paid for respective Conduit Installation and no separate payment will be made therefore.
7-1.13 CONDUIT INSTALLATION. Conduit shall conform to the provisions in Section 86-2.05, "Conduit", of the
Standard Specifications and these special provisions.
A pull rope conforming to Section 86-2.05C "Installation," of the Standard Specifications shall be included in all conduit
for installation of future conductors.
Conduits. may be installed by either directional drilling or open trench methods except where shown on the plans that
directional drilling is required or as determined by the Engineer. Installation using directional drilling shall.conform to Section 86-2.05C, "Installa#ion," of the Standard Specifications and section 7-1.09 "Directional Drilling" of these Special
Provisions. Open trench installation in pavement shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit or conduits shall be placed under existing pavement in a
trench not to exceed 6 inches in width for conduit. Trench shall be cut using a rock saw and all loose
uncompacted material shall be removed from the bottom of the trench prior. to placement of conduit. The installed conduit shall have a cover of eighteen (18} to twenty-one (21}inches below finish grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a two (2}
sack slurry cement backfill. Contractor shall insure that multiple conduits are completely encased in slurry
cement .Slurry cement backfill shall be placed to within 0.40 feet of the pavement surface. The top 0.40 feet shall be backfilled with Type 6 asphalt concrete produced from commercial quality paving asphalt and
aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime
Coat and Paint Binder," of the Standard Specifications.. Spreading and compacting of asphalt concrete shall
be performed per Standard Specifications to produce an asphalt concrete surface of uniform smoothness, #exture, and density.
4. Ali excavated areas in the pavement shall be backfilled except for the top 0.40 foot, by the end of each
work day. The top 0.40 foot shall be placed within three (3) working days after trenching. Temporary road
mix or other acceptable temporary surface will be allowed on the top 0.40 feet until such a time as the permanent asphaltsurface isplaced. Permanent asphalt surface shall be placed within 15working days of
trench being opened.
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5. Trenches perpendicular to traffic that are greater than 6" in wid#h shall be plated until permanent asphalt
is placed in top 0.40 foot. Trenches parallel to traffic that are greater than 6" in width shall be plated until
temporary surface is placed in top 0.40 foot:
6. No trench shall be opened in any street for the purpose of laying pipes or conduits more than six hundred (600) feet in advance of the pipe or conduit placed therein.
PAYMENT. The contract price paid per lineal foot of Conduit Installation shall include full compensation forfurnishing
all labor, material, tools, and equipment, and for doing all work, including PVC (HDPE} conduit, pull rope, pull boxes,
modems, modem cables, sidewalk and handicap ramp replacement, excavation, trenching, slurry and in-kind backfilling, in-kind pavement patching, finishing roadway, and directional drilling methods and resultant process
surface damage repair and replacement.
7-1.14 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard
Specifications, the plans, and these special provisions. Install Puil Boxes with a minimum of 6 inches of 3/ inch gravel
beneath it for drainage and a 6 inch by 6 inch concrete collar around perimeter of box. Where pull boxes are .placed in existing stamped concrete areas, stamped concrete of like kind shall be replaced to the limits of the removed concrete.
Recesses for suspension of ballasts will not be required.
PAYMENT. Full compensation for pull boxes and concrete removal and replacement including stamped concrete and
asphalt concrete shall be considered as included in the contract price paid for conduit installation and no additional
compensation will be allowed therefor.
7-1..15 TRAFFIC SIGNAL INTERCONNECT. Signal Interconnect Cable shall be twelve (12) pair conductor cable as
shown on plans and shall conform to the following;
The conductor shall be solid #19 AWG annealed capper in twisted pairs. The conductors shall be no less than three and one-half (3 112) turns per fourteen (14} inches for twelve (12} pair cable.. The cable shall have a corrugated
copolymer-coated eight (8) mil. Aluminum tape and applied longitudinally over the core wrap. These cables must meet
the requirements of PE-39 and ANSIIICEA S-84-608-1988. A certificate of compliance to these special provisions will
be required from the manufacturer prior to installation.
At least three (3) feet of slack shall be left for each conductor at each pull box.
PAYMENT. Full compensation for installing Traffic Signal Interconnect including 12 pair 19 AWG Traffic Signal
Interconnect cable shall be considered as included in the prices paid per linear foot for 12 pair 19 AWG Traffic Signal
Interconnect cable and no additional compensation will be allowed therefore. Blank PVC or HDPE conduit shall
include signal interconnect cable where shown on the plans.
7-1.16 BOREDIJACKED PIPE. Casing shall be installed as to prevent formation of waterways underground. it shall
have even bearing throughout its length and shall slope toward one end. Space between casing and pipeline shall be
backfilled with sand. !f the pipe and casing are installed by boring, the space around the casing shall also be backfilled
with grout or sand. The ends of the space between the casing and the pipe shall be sealed with grout. The strength of
pipe designated in the plans or specifications is determined for vertical Toad only. Any additional strength required by Boring/Jacking operations shall be furnished at the Contractor's expense.
The Contractor shall submit to the Engineer for approval al1plans ofboring/jacking operations prior to boring or jacking.
Casing shall be installed for all additional allowance will be made therefore.
Boring/Jacking operations shall be conducted in a safe and efficient manner, consistent with current accepted procedures. Water boring shall not be permitted. The casing pipe shall be jacked with such precision that will allow
the placement of the pipeline to the line and grade as indicated on the plans.
Upon completion of the installation of the casing and installation of the pipeline #o grade, the void between the casing
or RC pipe and the excavation shall be completely filled with sand, compacted by the use of air-blowing sand equipment or any other means acceptable to the Engineer upon his approval.
Pipe laid within the jacking pit area, but not within the casing or structures, shall be cradled with concrete in
accordance with the detail shown on the plans.
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It is the Contractor's responsibility~to maintain a safe operation a# all times. Should the #unnel heading opera#ions
result in dangerous or unreasonable sloughing of each material which may jeopardize the safety of workers or the
stability of the soil and roadway above, the Contractor shah furnish and install breastboarding andlor face closure with
sufficient jacks #o inhibit the sloughing andlor closing the work face. The Contrac#or, before resuming work, shat!
furnish the Engineer with a detailed plan of proceeding with the work, for his review and approval. Any and all
expenses therefore will be considered as included in the bid price and no additional compensa#ion will be allowed therefore.
PAYMENT. The con#ract price paid per linear foot for BoredlJacked Pipe sham include full compensation for furnishing
and installing the steel casing, pipeline pipe, excavating, boringljacked, and afl incidentals necessary to boringljacking
the pipe, comple#e in place, as specified.
7-1.17 DETECTORS. Inductive loop detectors damaged during interconnect installation shall be replaced by the
Contractor. De#ectors shall conform to the provisions in Section86-5, "Detectors", of the Standard Specifics#ions and
these special provisions. Location and layout of detec#or loops shall be as directed by the Engineer.
CONSTRUCTION MATERIALS:
Loop detector Lead-in cables shall conform to the provisions in Section 86-5.01 A (4j, "Construction Materials", of the
Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted a# a minimum rate of five (5) turns per foot, and the splice must be soldered
and completely waterproof. Connect one end of the shield to earth ground (at cabinet} and insulate the other end with
no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor.
INSTALLATION DETAILS:
Installation details shall conform to the provisions in Section 86-5.01A (5), ulnstallation Details", of the Standard
Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slo#s shall be filled with epoxy sealant conforming to the
requirements in Section 95-2.09, "Epoxy.Sealant for Inductive Loops", to within one-eighth (118) inch of the pavement surface. The sealant shall be at least one-half (1I2) inch thick above the top conductor in the saw cut. Before setting,
surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials.:
a. An elastometric sealant conforming to Section 86-5.01A (5}, "Installs#ion Details", of the Standard Specifications.
b. Asphaltic Emulsion inductive Loop Sealant conforming to Sec#ion 86-5.01A (5j, "Installation Details", of
the Standard Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U,
3150, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or
approved equal}.
Detector loops in concrete pads shall be sealed with epoxy sealant.
PAYMENT. Full compensation for Inductive Loop Detectors shall be considered as included in the contract price paid for #raffic signal interconnect including full compensation for furnishing all labor, materials, tools, equi ment and
p incidentals and for doing all the work involved for installing inductive loop detectors, and no additional compensation
will be allowed therefore.
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7-1.18 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing", of the Standard Specifications and these special provisions.
7-1.19 GUARANTEE. The Confirac#or shall furnish a written guarantee #o the City on the form attached, guaranteeing
all systems, installed under this contract, for a period of one (1) year from the date of acceptance of the work. The
guarantee, properly executed, shall be filled with the City before notice of completion and final acceptance is made by
the Ci#y of the work described on the plans and these special provisions.
1-1.20 PAYMENT. Payment for Traffic Interconnect Systems shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
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PROPOSAL
FOR
Install Traffic Signal Interconnect on Gosford. Road
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 al! the materials in accordance with the plans and specifications for
the above, filed in the office of the Finance Director of the City of Bakers#ield 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 furl 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 Cit~i as is required within ten X10}days; not including Sundays, after the bidder
receives notice from the City that the City offers to award the contract to the successful bidder,.the City may, at its
option, determine that the bidder has abandoned the- bid proposal and the bidder's proposal guaranty shall be forfeited and shall becor>~e the property of the City. City shall then be free to accept the bid of another bidder.
Federal Aid Items Gosford Road from White Lane to Stockdale Hi hwa .
Item Estimated Unit of Item Unit Price Extension Price No. Quan#it Measure in fi ures in ~fi ures
1. 1 EA Mobilization
2. 7200 LF Conduit Installation 2" conduit
3. 125 LF 2" Steel Casin
4. 14700 LF 19 AMG 12 Pair Traffic Si nal Cable
TOTAL $
Bidders Signature:
Bidder acknowledges receipt of the #ollowing addenda:
Clearly list any and all addenda numbers received on this projec#, 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 Mailing Address if different than Street Address
Company City State Zip Code
Street Address Telephone Number, including Area Code
City State Zip Code License Number and Expiration Date
Page 1 of 3
D-~
PROPOSAL FOR: install Traffic Signal Interconnect on Gos#ord Road
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump
sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that
in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the
Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount
set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with
the folbwing:
a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated
quantity for the item and the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons orparties submitting a bid proposal on the projectshall 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 Iota! bid, or TEN THOUSAND DOLLARS ($10,000}, whichever is greater, and the portion of the
work which will, be done by each subcontractor. This fist is to be completed and submitted with said bid proposal.
Subcontractor's Name Address (City, State, Zip) Description of portion of work Dollar value of
m ~ r i n f w r subcontracted, include 1te , po t o o a k
Number from Pro osal Form ~ subcontracted
Total Dollar Value of Subcontracted Work ~
(attach additional sheets if needed)
Page 2 of 3
D-2
PROPOSAL FOR: Install Traffic Signal Interconnect on Gosford Road
Accompanying this proposal is
jNOTICE: 1n the blank above, insert the words "cash "cashier's check," "certified check," or
"bidder's bond," as the case maybe], 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 ofi 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 o#her interested person is an individual, state first and
last names in fuN.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
"SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the 1ega1 name of the corporation shall be set forth above togetherwith the signature
of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true
name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign
contracts on behalf of the copartnership; and if bidder is an individual, his signatureshall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file
with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be
disregarded as irregular and unauthorized.
Business Address
Telephone Number
Place of Residence
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 O6LIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct Install Traffic Signal Interconnect on Gosford Road 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 fior execution, then this obligation shall became null and void, otherwise it shall be
and remain in full force and efifect.
IN WITNESS WHEREOF, we have hereunto set out hands and seals this day of ,
20
(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 persons}whose name(s) islare subscribed to the
within instrument and acknowledged to me that he/shelthey executed the same in hislherltheir 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.
UVITNESS my hand and official seal.
Signature of Notary
----------------OPTIONAL=====_______-------------------------
Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ IND1V{DUAL
❑ CORPORATE OFFICER
Title or Type of Document
Title(s)
❑ PARTNER(S) ❑ LIMITED Number of Pages
❑ GENERAL ❑ ATTORNEY-IN-FACT Date of Document
❑ TRUSTEE(S}
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Signers} Other than Named above
Page 2 of 2
D-5
CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION 6Y
DISADVANTAGED BUSINESSES iN SUBCONTRACTING
(Complete and submit with Proposal)
Install Traffic Signal Interconnect on Gosford Road
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 Par# 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. !n 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 performance of subcontracts forwork 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 CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL
EQUAL EMPLOYMENT OPPORTUNITY 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 60-1.1~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. General)
onl ~ y y contracts or subcontracts of $10,000 or under are exempt.}
Currently, Standard- Form 100 EEO-1) is the only report required by the Executive Orders or their implementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract
subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b} (1)
prevents the. award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal
Contract Compliance, U.S. Department of Labor.
D-7
Noncollusion Affidavit Title 23 United States Code Section 112 and
Public Contract Code Section 7106}
To the CITY of BAKERSFIELD DEPARTMENT OF PUBLIC WORKS
!n 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
#hereof, 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 subjec# the certifier to criminal prosecution.
D-8
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, helshe 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 following space.
Exceptions will no# 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.
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D-9
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowled e and belief, that: g
~I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersi ned, to
g any person for influencing orattempting to influence an officeroremployee ofany Federaiagency, 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 rant, the makin 9 g ofany Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
. renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
~2) If any funds other than Federal appropriated funds have been paid or will be .paid to an erson for YP
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 fails to file the required certification shall be subject to a civil
penal#y 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 shall require that the language of this certification be included in al! lower tier subcontracts, which exceed $100,000 and that all such
subrecipients shall certify and disclose accordingly.
D-10
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Ac#ion: 3. Report Type:
a. contract a. bidloffer/application 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 fast re ort
4, Name and Address of Reporting Entity 5. 1f Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime: Prime Subawardee
Tier , if known
Con ressional District, if known: Con ressional District, if known:
6. Federal DepartmentlAgency: 7. Federal Program NamelDescription:
CFDA Number, if ap licable
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.10a)
(last name, f rs# name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment check all that apply) 13. Type of Payment (check all that apply)
ac#ual ❑ planned ❑ ❑ a. retainer
12. Form of Payment (check all that apply ❑ b. one-time fee Y ❑ ❑ c. commission
a. cash d. contingent fee
❑ b. ~n•kmd; specify: nature ❑
value ❑ e. deferred
❑ f. other, specify
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) con#acted for Payment Indicated in Item 11:
15. Continuation Sheet(s) attached:
❑ Yes ❑ No
1 fi. 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 into. This Print Name:
disclosure is required pursuant to 31 U.S.C. 1352. This information will be .report to Congress semiannuaNy and will be available for public inspection. Title:
Any person who fails to file the 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 Only: Standard Form -LLL
D-11
Standard Form LL!. rev, 09-12-97
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section
1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress 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 Federa! action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported, enter the year and quarter in which the change occurred. Enter the date
of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects #o be a
prime or subaward recipient. Identify the tier of the subawardee, e.g., the fiirst subawardee of the prime is the
first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organization level below agency name, if known. For example, Department of Transportation, United States
Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance {CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enterthe mostappropriate Federal identifying number available for the Federal action identification in item 1
(e.g., Request for Proposal {RFP}number, Invitation for Bid (IFB} number, grant announcement number, the
contract grant. or loan award number, the applicationlproposal control number assigned by the Federal
agency}. Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitments for the prime entity 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, First Name and Middle Initial {Ml},
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to
- ~~V, the lobbying entifi,~ (item 10). Indicate ~►rhether the payment has been made (actual) or v~~ill be made (planned:
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made
or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. if payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. if other, specifiy 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 officers}employee{s} 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 for this 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-LLI-Instructions Rev. 06-04-90«ENDIF~~
D-12
LOCAL AGENCY BIDDER -DBE -INFORMATION
This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or
third low bidder, it must be submitted and received 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
ITEM N0. SERVICES TO BE SUBCONTRACTED OR N0. (Must be certified on the date bids are AMOUNT DBE3
MATERIALS TO BE PROVIDED2 opened -include DBE address and phone number
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Copies of the DBE quotes are required. Total Claimed Participation $
Names of the First Tier DBE Subcontrac#ors 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.
1. DBE prime contractors shall enter their DBE certification number. D8E Signature of Bidder
.prime contrac#ors shah indicate all 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 exact Date (Area Code) Tel. No. portion of item to be performed or furnished by DBE.
3. See the Disadvantaged Business Enterprise section of Section 2 of the Person to Contact (Please Type or Print) Special Provisions to determine the credit allowed for DBE firms.
CT Bidder • OBE 1nPormation (Rev 09-2&99)
D-13
D6E INFORMATION -GOOD FAITH EFFORTS
City of 6akersfield Project Name:
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.
{1) 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
{2) 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 solici#ations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
{3) 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 sufficien# work to facilitate DBE participation was bade available to DBE firms.
Items of Work Breakdown of Items
(4) 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 {please attach copies of quotes from the firms involved}:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the
DBEs
Good Faith Effort Page 1 of 2
D-14
Names, addresses and phone numbers of firms selected for the work above:
(5) Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical
assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:
(6) 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:
(7) The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of reques#s to agencies and any responses received, i.e., lists,
lnternet~~page dov~lnload, etc:):
Name of Ac~encyl4rganization Method & Date of Contract Results
(8) 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
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AGREEMENT NO.
SAMPLE CONSTRUCTION PROJECTS AGREEMENT
THIS- AGREEMENT is made and entered into on band ,y
between the CITY OF BAKERSFIELD, a municipal corporation, t"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 to employ CONTRACTOR to
t"Project" herein), as set forth herein.
NOW, THEREFORE, incorporating theforegoing recitals herein, CiTYand CONTRACTOR
mutually agree as follows:
1. SCOPE OF WORK.. The scope of work to be performed consists, in eneral, g
of
("Project" herein) .
The scope of work shall include all items and procedures necessa to ro erl coin lete the task rY p p Y p
CONTRACTOR has been hired to perform, whether specifically included. in the scope of work or
not. CITY and CONTRACTOR agree all communications relatin to this A reement must be in g g
writing. CONTRACTOR understands and agrees that the CITY is an urban area and under round . . ~ g
obstructions ~ncludrng, without limitation, water Lines, electncal Imes, sewer Ines, 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
1.1.1 Letters of transmittal, if any
1.1.8 Ali provisions required by law 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.
E-1
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 forthe 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 forthe
federally funded portions of this project. CONTRACTOR acknowledges that failure to incor orate p
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 subcontractor 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.
2. COMPENSATION. Compensation for all work, services or roducts called for p
under this Agreement shall consist of a total payment of
Dollars )which shall be paid as follows:
The compensation. set forth in this section shall be the total compensation under this Agreement
including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only. the
compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise
required by~ State law, a ten percent (10%) retention shall be withheld from pa ments to Y
CONTRACTOR by CITY. The ten percent (10%}retention required by the Bakersfield Municipal
Code shall be released afterthe appropriate. statutes have expired and all liens and stop payment . notices have been cleared.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in
accordance with the Special Provisions applicable to this Project.
4. SCHEDULING. ,When required by CITY in contract bid documents, or upon
reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showin all
g information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have
. experience in and be knowledgeable in scheduling. CITY mayrequire CONTRACTORto supply
,the schedule on programs named by CITY (Microsoft Projectforexample), and ma re-wire said
Y q schedules to be undated or revised on a regular basis. CITY may require recovery schedules if
CONTRACTOR falls behind the Project. schedule. CITY's review or comment on the schedule
shall not constitute acceptance thereof.
5. NO 1NAIVER OF DEFAULT. The failure of any party to enforce against another
party any provision of this Agreement shall not constitute a waiver of that party's right to enforce
such a provision at a later time, and shall not serve to vary the terms of this Agreement.
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effector
obtain at all times during the term of this Agreement any licenses, permits and approvals which
are legally required for CONTRACTOR to practice its profession.
7. STANDARD OF PERFORMANCE. All work shall be performed inconformity
with all legal requirements and industry standards observed by a specialist of the profession in
California.
E-2
8. MERGER AND MODIFICATION. All prior agreements between the parties are
incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by
the parties as a final expression of their agreement with respect to such terms as are included
herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete and exclusive
statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or
arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing
approved by the Gity council and signed by all the parties.
9. EXHIBITS. 1n the event of a conflict between the terms, conditions or specifications
set forth in this. Agreement and those in exhibits attached hereto, the terms, conditions, or
specifications setforth in this Agreement shall prevail. All exhibits to which reference is made in
this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
_ 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole
cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force,
or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all
activities relating to or growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in force or which may
hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax
certificate (Bakersfield Municipal Code Chapter 5.02} where required.
11, INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the
services of CONTRACTOR as an independent contractor.. CONTRACTOR is not an agent or
employee of the CITY for any. purpose and is not entitled to any of the benefits provided by CITY
to its employees. This Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor. CONTRACTOR
retains the right to control the manner in which the services described herein are performed and
CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the
services set forth in this Agreement.
12. INSURANCE and BONDS. In addition to any other insurance or bond re wired q
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) peroccurrence;and the policy shall:
12.1,1 Provide coverage for owned, non-owned and hired autos.
12.2 Broad form commercial general liability insurance, unless otherwise
approved by the CITY's Risk Manager, 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 Workers' compensation insurance with statutory limits and employer's
E-3 .
liability insurance with limits of not less than One Million Dollars $1,000,000 er accident' and ( )p ,
the policy shall contain a waiver of subrogation 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 or self-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.
12.5 Except for workers' compensation, insurance is to be placed with insurers
with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A:V. 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:V, must be
declared prior to execution of this Agreement and approved by the CITY in writing.
12.6 Unless otherwise approved byCITY's Risk Manager, 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.
12.1 The insurance required hereunder shall be maintained until all work required
to be performed by this Agreement is satisfactorily completed as evidenced by wri#ten acceptance
by the CITY.
12.8 The CONTRACTOR shall furnish the City Risk Managerwith 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 maybe required by extensions of the policies of
insurance.
12.10 1t is further understood and agreed by the CONTRACTOR that its liability to
the CITY shall not in any way be limited to or affected by the amount of insurance obtained and
carried by the CONTRACTOR in connection with this Agreement. 4
12.11 Unless otherwise approved by the CITY, if any part of the work under this
Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided
by, or, on behalf of, all subcontractors even if the CITY has approved lesser insurance requiremen#s for CONTRACTOR.
12.12 CONTRACTOR shall provide performance, labor and material bonds in
amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project.
E-4
13. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely
notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to
recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
14. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its
officers, agents and employees against any and all liability, claims, actions, causes of action or
demands whatsoever against them, or any of them, before administrative or judicial tribunals of
any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR,
CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in
the performance of, or in any way arising from, the terms and provisions of this Agreement
whether or not caused in part by a party indemnified hereunder, except for CITY's sole active
negligence or willful misconduct.
15. TERMINATION. This Agreement may be terminated as set forth in the Special
Provisions for this Project. If no termination clauses are included in the Special provision this
Agreement may be terminated for CONTRACTOR default. The following circumstances shall be
deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR
fails to cure said breach within ten X10) days of notice from CITY. If said breach cannot
reasonably be cured within ten X10} days CONTRACTOR must have taken significant steps to
cure said breach including, without limitation, providing a written plan acceptable to CITY to cure
the default and immediately commencing to cure the default; 2} violation of any law, statute,
regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR
applicable to the Project and where CONTRACTOR does not cure said violation within ten X10)
days of the date of the notice of violation or notice from CITY demanding a cure, whichever is
earlier; 3}CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay
debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4)
CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate
assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within
ten (10} days in writing with all necessary information to assure CITY that CONTRACTOR has the
financial and other necessary resources to perform the contract without breach. All. information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this
Agreement.
15.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages, delays by follow on
contractors, materials and equipment provided, designs commenced through the date of
termination, and consequential damages. CONTRACTOR will immediately deliver to CITY
possession of the work including all designs, engineering, project records, cost data, drawing
- specifications and contracts, and construction supplies and aids dedicated solely to performing
the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may acceptor
reject said subcontracts at its sole discretion.
15.2 CITY and CONTRACTOR agree that should CITY's termination for cause be
determined by a court of law to be wrongful or without cause, such termination will be treated as a
termination for convenience entitling CONTRACTOR to an equitable settlement for claims and
liabilities outstanding at the date of termination and reasonable compensation for work actually
performed to the date of termination. No other compensation shall be due CONTRACTOR for
termination for convenience.
16. REMEDIES. The remedies provided in this Agreement are cumulative and are in
addition to any other remedies in law or equity which may be available to CITY. The election of
E-5
one or more remedies shall not bar the use of other remedies unless the circumstances make the
remedies incompatible.
17. SITE INSPECTION. CITY shall be allowed to inspect the construction site at an . Y
time and CONTRACTOR shall make all areas of the construction site available to inspection
including, without limitation, any construction trailers or offices at the site and all plans, drawings,
documents, schedules, photographs and other documentation relating to the Project.
18. STOP NOTICES 0R LIENS. CONTRACTOR shall not allow an sto notices or Y p
I~ens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation
attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or le al action . g
relating thereto. CONTRACTOR agrees CITY may withhold from any 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 filin of an sto notice lien or Ie al action g Y p ~ g
relating thereto.
19. 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 1654
of the California Civil Code shall not apply to the interpretation of this Agreement.
20. 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 u on actual ersonal p p
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 1NORKS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
(661) 326-3724
CONTRACTOR:
21. GOVERNING .LAW. The laws of the State of California will govern the validity of #his Agreement, its interpretation and performance. Any litigation arising in any way from this
Agreement shall be brought in Kern County, California.
22. 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.
23. BINDING EFFECT. The rights and obligations of thisAgreementshall inure to the
benefit of, and be binding upon, the parties to the contract and their heirs, administrators,
executors, personal representatives, successors and assigns, and whenever the context so
E-6
requires, the masculine gender includes the feminine and neuter, and the singular number
includes the plural. This Agreement may be executed in any number of counterparts, each of
which shall be considered as an original and be effective as such.
24. 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.
25. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accountin . g
records and other written documentation pertaining to all costs incurred in performance of #his
Agreement. Such records and documentation shall be kept at CONTRACTORSs office during the
term of this Agreement, and for a period of three (3~ years from the date of the final payment
hereunder, and said records shall be made available to CITY representatives upon requestatany
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 of those
.documents to ensure compliance with the federal contract provisions.
26. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of
entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the
entities and to bind the entities fully to each and all of the obligations setforth in this Agreement.
27. TAX NUMBERS.
CONTRACTORSs Federal Tax ID Number
CONTRACTOR is a corporation? Yes_ N:o
(Please check one.}
28. CONTRACTOR'S LICENSE INFORMATION.
License Number
Expiration Date
License Classification
29. NON-INTEREST. No officeroremployee ofthe CITYshallhold any interest in this
Agreement (California Government Code section 1090}.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
the day and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By: gy;
HARVEY L. HALL
Mayor Title:
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APPROVED AS TO FORM:
BART J. TH I LTG E N
City Attorney
By'
Insurance:
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By'
RAUL ROJAS
Public UVorks Director
COUNTERSIGNED:
By:
GREGORY KLIMKO
Finance Director
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STATE OFCALIFORNIA -DEPARTMENT OF TRANSPORTATION Page 1 of 2
SUBCONTRACTING REQUEST (Exhibit 1fi-B, Local Assistance Procedures Manual) DC-CEM-1201(REV. 4/94)(OLD HC-45)CT#7541-3514-7 See Instructions On Page 2
REQUEST NUMBER
CONTRACTOR NAME COUNTY ROUTE
BUSINESS ADDRESS CONTRACT NO.
CITYISTATE ZIP CODE FEDERAL AID PROJECT N0. (From Special
Provisions)
CHECK IF: SUBCONTRACTOR BID ITEM %OF BID ITEM DESCRIBE WORK WHEN LESS $ AMOUNT BASED
(Name, Business Address, Phonel NUMBER(S) SUBBED (See Categories Below) THAN 100% OF WORK IS SUBBED ON BID $ AMOUNT
(1) (2) (31
Categories: 1)Specialty 2)Listed Under Fair Practices Act 3)Certified DBEIMBEIWBEIDVBE
I Certify That: (9) The Standard Provisions for labor set forth in the contrac# apply to the subcontracted work.
(10} 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 i#ems
2. Specialty items (previously requested) $
3. Specialty items (this reques#)
4. Total (lines 2+3)
5. Contractor must perform with own forces (line 1 minus line 4) x ~/o $
6. Bid items previously subcontracted
7. Bid items subcontracted (this request)
8. Total (lines 6+7)
9. Balance of work Contractor to perform (line 1 minus line 8) $
RESIDENT ENGINEER'S SIGNATURE DATE
CEM-1201 (HC-46 REV. 4194) COPY DISTRIBUTION: 1.Or7ginal -Contractor 2. Copy -local agency Resident Engineer
3. Copy -local agency Labor Compliance Officer 4. Contractor's Information Capy
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STATE OF CALIFORNIA -DEPARTMENT OF TRANSPORTATION Page 2 of 2 SUBCONTRACTING REQUEST (Exhibit 16-B, Local Assistance Procedures Manual)
INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM
All First-tier subcontractors must be included on a subconfracting request.
Submit in accordance with Section 8-1.01 of the Standard Specifications. Type or print requested information.
Information copy is to be retained by the contractor. Submit other copies to projec#'s Resident Engineer. After
approval, the original will be returned to the contractor.
When an entire item is subcontracted, the value to be shown is the contractor's bid price.
When a portion of an item is subcontracted, describe the portion, and show the %of bid item and value.
THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS.
Prior #o submit#al of a DC-CEM-1201 involving a replacement Subcontractor, submit a separate written request for
approval #o substitute a listed subcon#rac#or. Section 4107 of the Government Code covers the conditions for
substitution.
Submit a separate written reques# for approval of any DBE/MBEIWBEIDVBE substitution. Include appropriate backup information and state what efforts were made to accomplish the same dollar value of work by other certified
DBE/MBElWBEIDVBEs.
NOTE: For contractors who will be performing work on railroad property, it is necessary for the contractor to
complete and submit the Certificate of Insurance State Form DH-OS-A1 OA) naming the subcontractor as insured. No work shall be allowed which involves encroachment on railroad property until the s ecified
p insurance has been approved.
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FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, Countyof 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 Project
Name ;and
WHEREAS, said Principal is required under the terms of said contract; and
NOVA, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meetinq_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,
adminis#rators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully
perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents
as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and
virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable
attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount
shall. hold good for a period of one (1 }year after the completion and acceptance of the said work, during which time if
the above mentioned Principal, his or its heirs, executors, administrators., successors, or assigns shall fail to make full,
complete, and satisfactory repair and replacements or to#ally 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 i# does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contractor#o 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 VVITNESS WHEREOF, the above mentioned pa-roes have executed this instrument under their seals this
day of , 20 ,the name and corporate sea! 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)
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MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter
designated the "Owner," has, on Date of Council Meeting , 20 ,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 Project Name ;and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcon#ractors, shall fail to pay for any materials, provisions, or other supplies used in,
upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any
kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held
and firmly bound unto the Owner the pens! sum of One hundred percent X100%) of the total amount payable by the
terms of the contract Dollars ),lawful money of the United States, fior the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due
under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any
amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of~
California with respect to such work or labor, as required by the provisions of Chapter lll, Division V, Title i of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the
provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons,
companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in,
. upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs
work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount
hereinabove set forth, and also will pay in case suit brought upon #his bond, such reasonable attorney's fees to the
Owner as shall be fixed by the court.
This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their
respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code
Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the
same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby
waives the provisions of Sec#ions 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals #his
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)
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ESCROW AGREEMENT
FOR SECURITY DEPOSITS 1N LIEU OF RETENTION
(To be comple#ed by the Contractor, if he elec#s to substitute securities in lieu of retention
THIS ESCROVII 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 A ent a ree as follows: g 9
1. Pursuant to Section 22300 of the Public Contract Code of the State of California Contr
deposit securities with Escrow A ent as a s ~ actor has the option to g ubstitute for retention earnings required to be withheld by Owner pursuant
to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated
(hereinafter referred to as the "Contract"): When Contractor .deposits the securities as a substi earnings, the Escrow A ent shall noti the tute for Contract
9 fy Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then re uired to be withheld
retention .under the terms of the Contract between the Owner an q as d 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 Contrac#or for such f • unds which otherwise would be withheld from progress payments pursuant to the Con#ract 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 A ent in the amount of r
the Owner until such time as the escrow ~ . g eten#ion for the benefit of created hereunder ~s terminated.
~ 4. Contractor shall be responsible for paying all fees for the ex enses incurre
p d by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow A ent.
9
5. The interest earned on the securities or the mone market accounts hel
.interest shall be for y d in escrow and all interest earned on that the sole account of Contractor and shall be subject to withdrawal by Contractor at an time and from time to time without notice to the Owner. y
6. Contrac#or shall have the right to withdraw all or any part of the princi al in the Escrow Account o
notice to Escrow A ent accom anied b writt ~ p my by written 9 p y en authorization from Owner to the Escrow Agent that Owner consents to
the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the even# of default b the Contractor. U
days written notice to the Escrow A ent from the Owner y pon seven (7j g of the default, the Escrow Agent shall immediately convert the
securities to cash and shall distribute the cash as instructed by the Owner.
E-13
This form should be sent to the Apprenticeship Committee of the craft or trade in the area of the site of the public work. If
you have any questions as to the address of the appropriate
Apprenticeship Committee, contact the nearest office of the Division of Apprenticeship Standards (DAS}. Consult your PUBLIC WORKS
telephone ~ directory under California, State of, Industrial C~JNTRACT AWARD INF0RMAT!{~N
Relations, for the DAS office in your area. Do not send this farm to the Division of Apprenticeship Standords.
NAME OF CONTRACtOR ~ CONTRACTOR'S STATE LICENSE N0. i
CONTRACTOR'S MAKING ADDRESS NUMBER ~ STREET, CITY, I1P CODE AREA CODE ~ TELEPHONE N0.
NAME & LOCATION OF PUBLIC WORKS PROJECT OATS OF CONTRACT AWARD
PATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME B ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF l0URN1:YMEN NOURS
APPRENTICES OCCUPATION OF JIPPRENTIC$ NUM9ER TO 8E EMPLOYED APPROXIMATE GATES TO 8E EMPLOYED
. Check One Of T'he Boxes Below
Please Note: Your election of options below is ,not to be deemed a request for the immediate dispatch of
apprentices. Contractors must make a separate request for actual dispatch.
Box .1 ~ We will request dispatch of apprentices} far this job in accordance ~ with Section 230,1 ~A}, California Code
of .Regulations. We voluntarily choose to comply with the applicable Apprenticeship Committee Standards
for the duration of this job only, with regard to training apprentices and to the payment of training
contributions.
Box 2 ~ We will request dis atch of a rentice(s) for this 'ob in accordance with Section 230.1 A), California Cade P PP 1 ~
of Regulations, but do not agree to be bound by the applicable Apprenticeship Committee Standards in
training the apprentices; instead, we agree to employ and train apprentice(s) in accordance with the
California Apprenticeship Council regulations, .including Section 230.1 of the California Code of Regulations,
governing employment of apprentices on public work projects.
Box 3 ~ ylfe are already approved to train apprentices by the applicable Apprenticeship Committee and we will
employ and train under the Standards. INe will request dispatch of apprentices for this job in accordance
with Section 230.1 (A), California Code of Regulations.
box 4 We will not request the dis atch of a rentice s since a rentices are not re aired an this 'ob under the
P pP ~ ~ PP q 1 i ~ provisions of Califomia Labor Code Section X777.5, because:
-
Signature .
Typed Name
TilJe Date
State of California Department of indu:triAt Relations
oAS Sao REV. 21~a> DIV1Sf0N 4f= APPRENTICESHIP STANDARDS
/ ~
F~'
1' 1