HomeMy WebLinkAbout2000 Special Provisions Project T0K026r - ~
:CITY 0:F BAK'ERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS,
-SPECIAL PROMS-IONS, t
BID PROPOSAL AND CONTRACT
s4
_ FOR _
TRAFFIC SIGNAL AND LIGHTING SYSTEM
,:.INSTALLATION ON
CALIFORNIA. AVENUE AT OWENS STREET
i .:BID . PEA ING.
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TE . a 1 2000 DA 1~I 7 y
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E M. il'I TI 11 00` A.
PROJECT N0 TOKOl6
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2 FEDERAL PROJECT N0. CNIL5109(05
. CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
ANNEX BUILDING, FLOOR ~ ~
~ ~ l SO l TRUXTUN AVENUE
Bf1,KERSFIELD; CALIFORNIA X3301 rr+ c~► w
Project En±~~neer: Robert L. Tablet . ~2f~-'996 ~'~M~', .Telephone. (66 l) ~ ~
Fil~name:C: RLT Projects 9y-l)(l CALIF Ow~ EIS<C~1L O~VE~ SPEC?.w~a C
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CALtiE
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TABLE OF CONTENTS
NOTICE TO CONTRACTORS . . ~
SPECIAL PROVISIONS 4
SECTIONI-DEFINITIONS AND TERMS 4
1-1.01 General 4
1-1.02 Definitions and Terms 4
SECTION2-PROPOSAL REQUIREMENTS 5
2-1.01 General Information 5
2-1.02 Approximate Estimate . . . 5
2-1.03 Examination of Plans, Specifications, Special Provisions, and Site of Work 5
2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities 5 2-1.05 Proposal Form 5
2-1.06 Bidder's Guarantee . . . . 5
2-1.07 Required Listing of Proposed Subcontractors . . 5
2-1.08 Bid Submittal Items . . . . 6
2-1.09 Omissions in Specifications and Drawings . . . . . . . . . . . . . . . . . 6
2-1.10 Withdrawal of Proposals . 6
2-1.11 Public Opening of Proposals . 6 2-1.12 Relief of Bidders . . . . 6
2-1.13 Disqualification ofBidders . . . . . . . . . . . . . 7
2-1,14 Federal Lobbying Restrictions . . . . . . . 7
2-1.15 Disadvantaged Business g
2-1.16 DBE Goal for this Project 9
SECTIONS-AWARD AND EXECUTION OF CONTRACT 10 3-1.01 General 10
3-1.02 Award of Contract . . . . . 10
3-1.03 Contract Bonds 10
3-,1.04 Execution of Contract . . . . . . . 10
3-1.05 Return of Bidder's Guarantees 10
SECTION 3-2 SUBMISSION OF DBE INFORMATION,AWARD, , , , , , , , , , , , , , , , , , , , , , 11
AND EXECUTION OF CONTRACT
3-2.01 General 11
3-2.01 a DBE Information . , , 11
3-2.Olb Award of Contract . . 12
3-2.02 Performance of DBE Subcontractors and Suppliers . . . . . . . . 12
3-2.03 DBE Records 1~ 3-2.04 Subcontracting 13
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION & LIQUIDATED DAMAGES , 15
4-1.01 General l5
SECTION 5-GENERAL 16
1
SECTION 7-2 -TRAFFIC SIGNALS AND LIGHTING . . . 3 I
7-2.01 Foundations 31
7-2.02 Conduit 31
7-2.03 Pull Boxes 32
7-2.04 Conductors and Wiring . . . . . . 32
7-2.05 Service 32
7-2.06 Testing 33 7-2.07 Signal Faces and Signal Heads 33
7-2.07A Light Emitting Diode Signal Modules . . . . 34
7-2.08 Light Emitting Diode Pedestrian Signal "UPRAISED HAND" Modules 37
7-2.09 Luminaires 41
7-2.10 Photoelectric Controls . . 41
7-2.11 Controllers, Cabinets and Auxiliary Equipment . . . . . 41
7-2.12 Video Vehicle Detection System . . 41 7-2.13 Guarantee 42
7-2.14 Payment 42
PROPOSAL (Yellow Pages) . . PS-1 to PS-9
Proposal Form PS-1
Bidder's Bond PS-5
Certificate of Assurance with Regard to Participation by Disadvantaged Business in PS-8
Subcontracting
Non-collusion Affidavit . . PS-9
Local Agency Bidder-DBE Information . PS-10
Good Faith Effort Statement of DBE Participation . . . . . . PS-11
Equal Employment Opportunity Certification . PS-13
Nonlobbying Certification For Federal-Aid Contracts . . PS-14
Instructions for. Completion of SF-LLL, Disclosure of Lobbying Activities PS-15
Disclosure Of Lobbying Activities . . . . PS-17
SAMPLE CONTRACT . . . . . S-1 to 5-11
Independent Contractor's Agreement . . . S-1
Faithful Performance Bond . . . S-6
Material and Labor Bond S-7
Escrow Agreement for Security Deposits in Lieu of Retention . . . . . S-8
Guarantee -Material and Workmanship . . . 5-10
Guarantee -Equipment . . . 5-11
PUBLIC WORKS CONTRACT AWARD INFORMATION
DAS 140
111
CITI' OF BAKERSFIF.LD
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 1 l :00 o'clock A.M. on May 17, 2000, to be publicly opened and
read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION ON
CALIFORNIA AVENUE AT OWENS STREET
Plans and specifications, and forms of proposal, bonds, and contract. maybe obtained at the office of the Purchasing
Officer by posting a refundable deposit of Zero Dollars ($0.00) for each complete set. Refund of deposit will be made
provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21 }days from the date
of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt
of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline
stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears
herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions
set forth under Section 2, "Proposal Requirements and .Conditions," of the Standard Specifications. Each bid must be
accompanied by a proposal guarantee in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions," of the' Standard Specifications. Each bid must be accompanied h~~ prop~~al ~~uarantee
in accordance with the requirements of Section 2-1.07, "Proposal Guaranty," of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein.
Substitution of .securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and
requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts,
standby letters, of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow Agreement for Security
Deposits in Lieu of Retention," included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded.
The proposed work shall be done in accordance with the Standard Specifications of the State of California, Department
of Transportation, dated July; 1992, insofar as the same may apply,
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) The Contractor shall not pay less
than the prevailing rate of wages to workers on this project as determined by the Director of California Department of
Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of
Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. ,
A sample contract is included in this bid package. Please review it carefully. This is the contract the Contractol•
2
C'Tl' OF BAKF.RSFIELD, C'ALIFOR'1'IA
DEPARTM1IENT OF PUBLIC' FORKS
SPECIAL PROVISIONS
SECTION 1- DEFINITIONS A?~'D TER~IZS
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, .Iuly, l99?," as referenced herein, insofar
as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance
with the following special provisions.
Incase of conflict between the .,Standard Specifications and these special provisions, the special provisions shall take
precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All .definitions and terms in Sections 1, "Definitions and Terms," of he
Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning
shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within
the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work. involved in the contract.
Standard Specifications -Standard Specifications of the State of California, Department of Transpo~•tation, dated July,
199?
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this
contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the
intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. The terms bid and
proposal are used in the same way and can be freely interchanged herein.
4
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE
Subcontractors after the. opening of the proposals for projects utilizing Federal funds.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following,,completed forms:
• Proposal Form;
• Bidder's Bond Form;
• Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification;
• Certificate of Assurance with Regard to Participation by Disadvantaged Businesses in Subcontracting;
• Non-Collusion Affidavit Form;
• Local Agency Bidder -DBE Information
• Good Faith Effort Statement of DB/WBE Participation. (If .goal not met)
• Equal Employment Opportunity Certification
• Disclosure of Lobbying Activities
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 will not
be received after .that. time, .nor may any bid be withdrawn after. the time fixed in the public notice for the opening
of .bids.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and
place indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present.
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public .Contract Code. Sections .5100 to
5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims
a mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the
opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows:
Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any
person from bidding upon, or being awarded, a public works or services contract with the agency under
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2-1.15 DISADVANTAGED BUSINESS. This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation
Programs". The 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:
F,
a. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small
Business Act and relevant .regulations promulgated pursuant thereto;
b. A DBE bidder, not bidding as a joint venture with anon-DBE, will be required to meet the. DBE
goal through subcontracting or material purchases or make good faith effort to do so;
c. A DBE may participate as a subcontractor, joint venture partner with a prime or subcontractor,
or vendor of material or supplies;
d. A DBE joint venture partner must be responsible for a clearly defined portion of the work to be
performed in addition to satisfying requirements for ownership and control. The. DBE joint
venturer must submit either schedule B of the. Code of Federal Regulations or California
Department of Transportation Office of Civil Rights form. entitled
"Minority/Disadvantagedlwomen Business Enterprise Joint Venture";
e. A DBE must perform a commercially useful function, i.e., must be responsible for the execution
of a distinct element of the work and must carry out its responsibility by actually performing,
managing and supervising the work;
f. Credit for a DBE vendor of materials or supplies is limited to sixty percent (60%} of the amount
to be paid to the vendor for the material unless the vendor manufactures or substantially alters
the .goods;
g. Credit for trucking by DBE's will be as follows:
1) The amount to be paid when a DBE trucker will perform the trucking with
hislher own trucks, tractors and employees.
2) One hundred percent (100%) of trucking costs will be allowed for all trucking
A: acquired through certified DBE trucking brokers.
rt` h. A DBE must be a California Department of Transportation certified DBE on the date bids for
the project are opened before credit may be allowed toward the DBE goal, The Department's
DBE Directory identifies DBE's which have been certified. Others may also qualify for
certification but must be certified before bid opening. The DBE directory may be obtained from
the DEPARTMENT OF TRANSPORTATION. Material Operations Branch, Publication
Distribution Unit 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone (916)
445-3300;
8
DBE's «~ere interested.
c. The items of work for «~hich the bidder requested subbids or materials to be supplied by DBE's, the
information furnished interested DBE's in the way of plans, specifications and requirements t~~r the work, and any breakdo«~n of items of work into economically feasible units to facilitate DBE
participation. Where there are DBE's available for doing portions of the work nornally perforned
by the bidder with his own forces, the bidder will be expected tc~ make portions of such work
available for DBE's to bid on.
d. The names of DBE's who submitted bids for any of the work indicated in (c) above which were not
accepted,' a summary of the bidder's discussions and/or negotiations with them, the name of the
subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's
choice. If the reason foi• rejecting a DBE bid was price, give the price bid by the rejected DBE and
the price bid by the selected subcontractor or supplier. Since the utilization of available. DBE's is
expected, only significant price differences will be considered as cause for rejecting such DBE bids.
e. Assistance that the bidder has extended to DBE's identified in (d) above to remedy the deficiency in
their subbids.
f. Any additional data to support a demonstration of good faith effort, such as contacts with DBE
assistance agencies.
g. Submission of Exhibit 15-H, Good Faith Effort Statement of DBE Participation. The Exhibit shall be
Y~~ completed. by the Contractor and returned with the bid proposal. The local agency shall sign and file
the exhibit upon review and verification. of the stated information as submitted. Further DBE
_ il~fu~~nation shall be submitted by the apparent successful bidder, the second lo~~bidder an the third low bidder as outlined at the beginning of this section
3-2.O1B AWARD OF CONTRACT. The award of contract, if it be awarded, will be to the lowest responsible bidder
whose proposal complies with all .the requirements prescribed ,and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting .the goal for DBE participation
or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for
award of contract.
3-2.02 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS, The DBE's listed by the Contractor
in response to the requirements in the section of these special provisions entitled "Submission of DBE Information,
Award, and Execution of Contract", which are determined by the Department to be certified DBE's, shall perform the
work and supply the materials for which they are listed unless the Contractor has received prior written authorization
to perform the work with other farces or to obtain the materials from-other sources.
Authorization to utilize other forces or sources of materials may be requested for the following reasons:
a. The listed DBE, after having had a reasonable opportunity to do so, fails or .refuses to execute a
written contract, when such written contract, based upon the general terms, conditions, plans and
specifications for the project. or on the terms of such subcontractor's or supplier's written bid, is
presented by the Contractor.
b. The listed DBE becomes bankrupt or insolvent.
c. The listed DBE fair or refuses to perform his subcontractor furnish the listed materials.
12
required to make good faith. ettorts to replace the ori~.►ina1 DBE subcontractor ~~~ith another DBf
subcontractor.
The. requirement in Section ?-1.13(H "Disad~~antaged Business", of~ these special pro~~isions that DBE's must be certified on .the date bids are opened does not apple to DBE substitutions after award of the contract.
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SECT1O1 ~ - GE'~ERAL
4-1.01. STATE COiV'TRACT ACT NOT APPLICABLE. Section 1-1.40, "State Contract Art." and Section 9-1.10.
"Arbitration." of the Standard Specifications are deleted. This contract is not gwen~ed by the pro~~isions of the State Contract Act. The adoption and use of the Standard Specifications in the pei•foi•mance of the ~~oc•k called for in this
contract shall not be construed as an election by the City to proceed under Section 20390 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 anv
form (although they may do so upon written agreement).
5-1,02 ALTERATION IN QUANTITI' OF WORK. Increases or decreases in work exceeding an amount often-
thousanddollars ($10,000) or which, together with all other previously approved change orders foi• that contract exceeds
twenty-five percent (25%) of the original contract amount. must be authorized by the City Council.
x-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Woi•k," 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 oi• 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 b~~ adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in arder• to detect any
variation from a straight grade, and in case 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
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Onc~ ofthe abo~~e shall be submitted by the lo~~~ bidder to the Cite of•Bakersfield with the si~,ned contract dc~cum~nts.
-1.08 TREIVTCH SAFETI'. The Contractor shall compl~~ ~~~ith Section 6705 of the Labor Code ~~~hich prrn~ides that
the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TV~'E?~'T1'-Ft~'E THOUSAND
DOLLARS (525,000) for excavation of any trench or tenches five (5) feet or more in depth. the Contractor
or his Subcontractor shall not begin. any trench excavation unless a detailed plan. showing the design of shoring, bracing, sloping or other provisions to be made for ~~-orker protection during the exca~~ation of the
trench, has been submitted by the Contractor to the City En~~ineer 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 ol• 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-I.OII,
"Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from-the Contractor's operations,.between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed
eighty-six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility
for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to
trucks, transit mixers or transient equipment that -may or may not be owned by the Contractor. The use of loud sound
signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation fo~~ conforming to the requirements of this section shah be considered as included in the prices paid
for the various contract items of .work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The .Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the wol•k 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-l.l 1 WORKING HOURS. Contl•actot• shall limit his field woi•kin`,; lloui-s fi•on17:00 A.M, to 4:30 P.M. Mondav
throu ~hg_Frida~. Any de~~iations must be requested in writing and directed to the Engineer at the Pre-Job Conference.
Written approval from the Engineer is required for work beyond these limits.
Any time work proceeds which requires inspection services for more than a nine and one-half (9.5) hour work da~~
or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges
18
revie~~. Aboard or person designated by said Dire~•tc~r «~ill revie~ti~ such claims and make ~~~rittcn
recommendation thereon.
The City Engineer shall, after the completion of the contract. make a final estimate ot• 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 thirtti~ (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.
It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract
except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either
wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance
of any defective work or improper materials.
The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and
payment for any work done in accordance with any alterations of the same, shall release the City, the -City Council, and
the Engineer from any and all claims or liability on account of work performed under the contract oi• any alteration thereof.
5-1.Z2 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of
the Standard Specifications is replaced with the words "unit price":
y~.
Third paragraph of Section 18-1.05, ``PAYMENT".
Fourth paragraph of Section 24-1.11, "PAYMENT".
HY Eleventh paragraph of Section 39-8.02, "PAYMENT".
5-1.Z3 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's well-being and their education of handling hazardous materials when. hazardous materials are encountered during this
project.
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Local Assistance Procedures 1`ianual EXHIBIT 12-E
PS&E Checklist Instructions Attachment A
SECTION 14. FEDERAL REQUIRENiENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
GEYERAL.-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 joint venture firms are statutes, rules and regulations promulgated by the Federal Gov- minority owned.)
ernment and applicable to work financed in whole or in part
with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, 1. Name of joint venture
"Form FHWA 1273, are included in this Scction l4. Whenever in said required contract provisions references an made to
"SHA contracting officxr," "SHA resident engineer," or
"authorized representative of the SHA," such references shall be 2. Address of joint venture construed to mean "Engineer" as defined in Section 1- l .18 of the
Standard Specifications.
PERFORMANCE OF PRE~'lOUS CONTRACT.-In ad- 3. Phone number of joint venture _--_M_____-_
dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re-
quired contract provisions, the Contractor shall comply with the following: 4. Identify the firms which comprise the joint venture. (The
The bidder shall execute the CERTIFICATION WITH RE- MBE partner must complete Schedule A.) CARD TO THE. PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No request
for subletting or assigning any portion of the contract in ex- cess of $10,000 will be considered under the .provisions. of a. Describe .the role of the MBE firm in the joint venture.
Section VII of the required contract provisions unless such .request is accompanied by the CERTIFICATION referred to
above, executed by the proposed subcontractor.
ti0N•COLLUSION PRO~'1SION.-The provisions in this N - -
section are applicable to all contracts except contracts. for b. Describe very briefly the experience and business Federal Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a qualifications of each non-VIBE joint venturer: _
° condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file -
a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be
awarded, .certifying that such person, fum, association, or
corporation has not, either directly or indirectly, entered into 5. Nature of the joint venture's business 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-
collusion affidavit statement required by Section 112 as a 6. Provide a copy of the joint venture agreement.
certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 176, is .included in the 7. What is the claimed percentage of MBE ownership'?
proposal.
PARTICIPATION BY ~IL`'OR1TY BUSL'~'ESS E`'- - N
TERPRISES IN SUBCONTR~ICTING.-Part 23, Title ~9, 8.Ownership of joint venture:. (This need not be filled in if Code of Federal Regulations applies to this Federal-aid project.
Pertinent sections of said Code are incorporated in part or in its described in the. joint venture agreement,,.. provided by entirety within other sections of these special provisions.
question 6.}.
Schedule B-Information for Determining Joint Venture Eli- gibility .
Revise) ;-9i 08-07.4
FR-1
Page 12-b3
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Disputes within the meaning of this clause include disputes
page between the contractor (or any of its subcontractors) and the I. General 3 contracting agency, the DOL, or the contractor's employees or
II. Nondiscrimination , 3 their representatives.
III. Nonsegregated Facilities S 6. Selection of Labor: During the performance of this IV. Payment of Predetermined Viutunum Wage 6 contract, the contractor shall not:
V. Statements and Payrolls 8
VI. Record of Materials, Supplies, and Labor 9 a. discriminate against labor from any other State, posses- VII. Subletting or Assigning the Contract 9 sion, or territory of the United States {except for employment
VIII. Safety: Accident Prevention 10 preference for Appalachian contracts, when applicable, as
IX. False Statements Concerning Highway Project....... l0 specified in Attachment A), or X. Implementation of Clean Air Act and Federal Water
Pollution Control Act.. 10 b. employ convict labor for any purpose within the limits
of the project unless it is labor performed by convicts who are XI. Certification Regarding Debarment, Suspension, on parole, supen•ised release, or probation. Ineligibility, and Voluntary Exclusion 11
XII. Certification Regarding Use of Contract Funds for II. NONDISCRIMlNAT10N
Lobbying 12
ATTACHMENTS (Applicable to all Federal-aid construction contracts and to all related subcontracts of S 10,000 or more.)
A. Employment Preference for Appalachian Contracts 1. Equal Employment Opportunity: Equal employment
(included m Appalachian contracts only) opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under 1. GENERAL laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, and ~ 1 CFR 60) and` orders of the Secretary of 1. These contract provisions shall apply to -all work per- Labor as modified by the provisions prescribed herein, and im-
formed on the contract by the contractor's own organization ~ posed pursuant to 23 U.S.C. 140 shall constitute the EEO and
and with the assistance of workers under the contractor's im- specific affirmative action standards for the contractor's project mediate superintendence and to all work performed on the con- activities under this contract. The Equal Opportunity
tract by piecework, station work, or by subcontract. Construction Contract Specifications set forth under ~ 1 CFR 60-4.3 and the provisions of the American Disabilities
2. Except as otherwise provided for in each section, the con- Act of .1990 {42 U.S.C. 12101 et seq.) set forth under 28 CFR 35
tractor shall insert in .each subcontract. all of the stipulations and 29 CFR 1630 are incorporated by reference in this contract. contained in these Required Contract Provisions, and further In the execution of this contract, the contractor agrees to comply
require their inclusion in any lower tier. subcontract or ~i•ith the fo lowing minimum specific requirement activities of purchase order that may in turn be made. The Required Contract .EEO:
Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by anv a. The contractor will work with the State highway agency
subcontractor or lower tier subcontractor with hese Required (SHA) and the Federal Government in carrying out EEO
Contract Provisions... obligations and in their review of his/her activities under the contract.
3. A breach of any of the stipulations contained in these Re- quired .Contract Provisions shall be sufficient grounds .for b. The contractor will accept as his operating policy the
termination of the.contract. following statement:
4. A breach of the following clauses of the Required Contract "It is the polier of this Company tv assure that applicants
.Provisions may also be grounds for debarment as provided in are empJovecl, anti that emplr~vees are treated during emplal~- 29CFR 5.12: ment, without regard tv their race, religion, sex, calvr, na-
tional origin, age or clisahility. Srrrh action :shall inc•lucle:
Section I, paragraph 2; employment, rrpgracling, clemotivn, or transfer; recruitment or Section IV, paragraphs 1, 2, 3, 4, and 7: rerrrritment ach~erti.cing; layoff yr tc~rminatic~n; rates v/'pay yr
Section V, paragraphs 1 and 2a through 2g. other.fvrms of compensation; anti selection for training, in-
cl uclin~ apprenticeship, preapprenticechip, and/ur vn•the- jah S. Disputes arising out of the labor standards provisions of training."
Section IV (except paragraph 5) and Section of these Required Contract Provisions shall not be subject to the general 2. EEO Officer: The contractor will designate and make
disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer who will resolved in accordance with the procedures of the U.S. De- ha~•e the responsibility for and must be capable of effectively
partment of Labor {DOL) as set forth in ?9 CFR 5, 6, and 7.
Furm l?13 -Revise) 3.9i
OR-07.9 FR-3
Page 12-6~
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12•E
PS&E Checklist Instructions Attachment B
7. L~DioDS: If the contractor relies in whole or in part upon 9. Records and Reports: The contractor shall kee such
unions. as a source of employees, the contractor will use his/her records as necessary to document compliance with the EEO best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained fora eriod
opportuntttes for minority groups and women within the three years following completion of the contract work and shall unions, and to effect referrals by such unions of minority and be available at reasonable times and places for inspection by au-
female employees. Actions by the contractor either directly or thorized representatives of the SHA and the FHWA.
through a contractor's association acting as agent will include the procedures set forth below: a. The records kept by the contractor shall document the
following: a. The contractor will use best efforts to develop, in coop-
eration with the unions, joint training programs aimed (1) The number of minority and non-minority group
toward qualifying more minority group members and women members and women employed in each work classification for membership in the unions and increasing the skills of on the project;
minority group employees and women so that they may qualify for higher paying employment. { 2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment op-
b. The contractor will use best efforts to incorporate an portunities for minorities and women; EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants with- {3) The progress and efforts being made in locatin , hir- out regard to their race, color, religion, sex, national origin, ing, training, qualifying, and upgrading minority and fe-
age or disability. male ,employees; and
c. The contractor is to obtain information as to the referral {4) The progress and efforts being made in securn the
practices and policies of the labor union except that to the ex- services of DBE subcontractors or subcontractors with tent such information is within the exclusive possession of meaningful minority and female representation among their
the labor union and such labor union refuses to furnish such employees.
information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to b. The contractors will submit an annual report to the SHA
obtain such information. each July for the duration of the project, indicating the num-
. ber of minority, women, and non-minority group. employees d. In the event the union is unable to provide the contrac- currently engaged in each work classification required b the
for with a reasonable flow of minority and women referrals contract work. This information is to be reported on Form within the time limit set forth in the collective bargaining FHW'A-1391. If on-the-job training is being required by
agreement, .the contractor will, through independent recruit- special provision,. the contractor will be required to collect went .efforts, fill the employment vacancies without regard to and report training data.
_ race, color, religion, sex, national origin, age or disability:
making full efforts to obtain qualified and/or qualifiable mi- 111 ~'ONSEGREGATEli FAC1L1T1ES _ : ~ nority group persons and women. (The DOL has held that it
shall be no excuse that the union with which the contractor (Applicable. to all Federal-aid construction contracts and to has a collective bargaining agreement providing for exclusive all related subcontracts of S 10,000 or more.
. referral failed to refer mmonty employees..) In the event the ~
union. referral practice prevents the contractor from meeting a. By submission of this bid, the execution of this contract the obligations pursuant to Executive Order .11246, as or subcontract, or the consummation of this ma
amended,- and these special provisions, such. contractor shall tenal supply agreement or purchase order, as appropriate, the bidder, immediately .notify the SHA. Federal-aid construction contractor, subcontractor, material
8. Selection of Subcontractors, Procurement of Materials supplier, or vendor, as appropriate, certifies that the firm does
and Leasing of Equipment: The contractor .shall not not maintain or provide for its employees any segregated
discriminate on the grounds of race, color, religion, sex, facilities at any of its establishments, and that the firm does national ..origin, age or disability in the selection and retention not permit its employees to perform their services at .any
of subcontractors, ineludin rocurement of materials and leases location, under its control,. where segregated facilities are g p maintained. The f rm agrees that a breach of this certification ofequipment• is a violation of the EEO provisions of this contract. ~ The fir
m further certifies that no employee will be denied access to
a. The contractor shall notify all potential subcontractors adequate facilities on the basis of sex or disability. and suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined , bl~As used in this certifcation, the term"segregated facili-
ties means any waiting rooms, work areas, restrooms and in 49 CFR 23, shall have equal opportunity to compete for washrooms, restaurants and other eatin areas time clot
and perform subcontracts which the contractor enters into g ~ ks, pursuant to this contract. The contractor will use his best locker rooms, and other storage or dressing areas, parking
efforts to solicit bids from and to utilize DBE subcontractors lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees or subcontractors with meaningful minority group and female which are segregated by .explicit directive, or are, in fact, se -
representation among their employees. Contractors shall regaled on the basis of race, color, religion, national on in
obtain lists. of DBE construction firms from SHA personnel. age or disability, because of habit, local custom, or otherwise
The only exception will be for the disabled when the c. The contractor will use his best efforts to ensure subcon- demands for accessibility override (e.g. disabled parkin . tractor compliance with their EEO obligations. g)
Fnrm 127 ~ -Revised 3-9~
FR-5 oR-o7-9s
Page 12-67
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
as stated in the wage determination or shall pay another bona (4) In the e~•ent the Bureau of Apprenticeship and Train-
fide fringe benefit or an hourly case equivalent thereof. ing, or a State apprenticeship agency recognized b the Bureau, withdraws a royal of an a renticeshi y
PP pp p program, b. If the contractor or subcontractor, as appropriate, does the contractor or subcontractor will no longer be permitted not make payments to a trustee or other third person, he/she to utilize aaprcnticcs at less than the applicable prcdeter-
may consider as apart ofthe wages of any laborer or mechanic mined rate for the comparable work performed by regular
the amount of any costs reasonably anticipated in providing employees until an acceptable program is approved. bona fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written b. Trainees: request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may (1) Except as provided in 29 CFR 5. i 6, trainees will not
require the contractor to set aside in a separate account assets be permitted to work at less than the redeter for the meeting of obligations under the plan or program. P mined rate for
the work performed unless they are employed pursuant to 4. Apprentices and Trainees (Programs of the U.S. DOL) and individually registered in a program which has
and Helpers: received prior approval, evidenced by formal certification by the DOL. Employment and Training Administration.
a. Apprentices: {2) The ratio of trainees to journeyman-level employees
on the job site shall not be greater than permitted under the
(1) Apprentices will be permitted to work at less than plan approved by the Employment and Training Adminis- the predetermined rate for the work they performed when tration. Any employee listed on the payroll at a trainee
they are employed pursuant to and individually registered rate who is not registered and participating in a training in a bona fide apprenticeship program registered with the plan approved by the Employment and Training Adminis-
DOL, Employment. and Training Administration, Bureau of tration shall be paid not less than the applicable wage rate
Apprenticeship and Training, or with a State apprentice- on the wage determination for the classification of work ac- shipagency recognized by the Bureau, or if a person is em- wally performed. In addition, any trainee performing work
ployed in his/her first 90 days of probationary employment on the job site in excess of the ratio permitted under the as an apprentice in such an apprenticeship program, -who is registered. program shall be paid not less #han the applica-
not individually registered in the program, but who has ble wage rate on the wage determination for the work actu-
been certified by the Bureau of Apprenticeship and ally performed. Training or a State apprenticeship agency (where appropri-
ate) to be eligible for probationary employment as an ap- {3) Every trainee must be paid at not less than the rate
Prentice. specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level
(2) The allowable ratio of apprentices to journeyman- hourly rate specified in the applicable wage determination. level employees on the job site in any craft classification Trainees shy:. oe paid fringe benefits in accordance with
shall not be greater than the ratio permitted to the contrac- the provisions of the trainee program. if the trainee for as to the entire work force under the registered program. program does not mention fringe benefits, trainees shall be
Any employee listed on a payroll at an apprentice wage paid the full amount of fringe benefits listed on the wage
rate, who is not registered or otherwise employed as stated determination unless the Administrator of the Wage and above;, shall be paid not less than the applicable wage rate Hour Division determines that there is an apprenticeship
...listed in the wage determination for the classification of program associated-with the corresponding journeyman- . work actuallyperformed. In addition, any apprentice per- level wage rate on the wage determination which provides
,.forming work on the job.site in excess of the ratio permitted for less than iua fringe benefits for apprentices, in which
under the registered program .shall be paid not less than the case such tr3nees shall receive the same fringe benefits as applicable wage rate on the wage determination for the apprentices.
work ..actually performed. ..Where a contractor or subcontractor is performing construction on a project in a (4) In the z~•ent the Employment and Training Adminis-
locality :other than that in which its program is registered tration withdraws approval of a training program, the con-
the ratios and wage rates .(expressed in percentages of the tractor or subcontractor will no longer be permitted to uti- journeyman-level hourly rate) specified in the contractor's line trainees at less than the applicable predetermined rate
or subcontractor's registered program shall be observed. for he work performed until an acceptable program is ap- proved.
(3) Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's Helpers: .level of .progress, expressed as a percentage of the jour-
~eyman-level hourly rate specified in the applicable wage Helpers w•::i be permitted to work on a project if the determination. Apprentices shall be paid fringebenefits in helper classitcation is specified and defined on the
accordance with the provisions of the apprenticeship pro- applicable wage determination or is approved pursuant to
.gram. If the apprenticeship program does not specify fringe 'the conformance procedure set forth in Section IV.2. An~• benefits, apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage rate, who is not
benefits listed on the wage determination for the applicable a helper under an approved definition, shall be paid not classification. If the Administrator for the Wage and Hour less than the applicable wage rate on the wage
Division determines that a different practice prevails for the determination for the .classification of work actually
applicable apprentice classification, fringes shall be paid performed. in accordance with that determination.
Form 1273 -Revised 3.9~
OR-07.9 FR-7
Page 12-b9
February 1,1998
Local Assistance Procedures Manual EXHIBIT I2-E
PS&E Checklist Instructions Attachment B
c. Each contractor and subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR S. l 2.
.week in which any contract work is performed, to the SHA
resident engineer a payroll of wages paid each of its employ- Vl. RECORD OF MATERIALS, SC PPLIES, AND ees (including apprentices, trainees, and helpers, described in LABOR
Section IV, paragraphs 4 and S, and watchmen and guards en- gaged on work during the preceding weekly payroll period). 1.On all federal-aid contracts on the yational Highway Svs-
The payroll submitted shall set out accurately and completely tem, except those which provide solely for the installation of
all of the information required to be maintained under para- protective devices at railroad grade crossings, those which are graph 2b of this Section V. This information may be submit- constructed on a force account or direct labor basis hi w
ted m any form desired. Optional Form WH-347 is available gh ay for this purpose and may be purchased from the Superinten- beautification contracts, and contracts for which the total final
dent of Documents (Federal stock number 029-005.0014-1), construction cost for roadway and bridge is less than
U.S. Government Printing Office, Washington, D.C. 20402. $1,000,000 (23 CFR b35) the contractor shall: The prime contractor is responsible for the submission of a. Become familiar with the list of specific materials and
copies of payrolls by all subcontractors. supplies contained in Form FHWA-47, "Statement of Materi-
d. Each payroll submitted shall be accompanied by a als and Labor Used by Contractor of Highway Construction
"Statement of Compliance," signed by the contractor or sub- Involving Federal Funds, prior to the commencement of work contractor or his/her agent who pays or supervises the pay- under this contract.
ment of the persons employed under the contract and shall b. Maintain a record of the total cost of all materials and certify the following: supplies purchased for and incorporated in the work, and
(1) that the payroll for the payroll period contains the also of the quantities of those specif c materials and supplies information required to be maintained under paragraph 2b listed on Form FHWA-47, and in the units shown on Form
of this Section V and that such information is correct and FHWA-47. complete; c. Furnish, upon the completion of the contract, to the SHA
(2) that such laborer or mechanic (including each helper, resident engineer on Form FHWA-47 together with the data apprentice, and trainee) employed on the contract during required in paragraph 1 b relative to materials and supplies, a
the payroll period has been paid the full weekly wages final labor summary of all contract work indicating the total- earned, without rebate, either directly or indirectly, and ,hours worked and the total amount earned.
that. no deductions have been made either. directly or 2. At the prime contractor's option, either a sin le re ort indirectly from the frill wages earned, other than g p
permissible deductions as set forth in the Regulations, 29 covering .all contract work or separate reports for the contractor
CFR 3: and for each subcontract shall be submitted.
(3) that each laborer or mechanic has been paid not less Vll. SUBLETT1vG OR ASS1G`L\G THE CON- that the applicable wage rats and fringe benefits or cash TRACT
equivalent for the classification of worked performed, as
specified in the applicable wage determination incorpo- 1. The contractor shall pexform with .its own organization rated into the contract. contract. work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract} of the e. The weekly submission of a properly executed certifica• total .original contract price., excluding any specialty :items des-
. tion set forth on the reverse side of Optional Form WH-347 ignated by the .State., Specialty items may be performed by su~-
shall .satisfy the requirement for submission of the "Statement contract and the amount of any such specialty items performed of Compliance" required by paragraph 2d of this Section V, may be deducted from the total origina contract price before
computing the amount of work required to be performed by the f. The falsification of any of the above certifications may contractor's ow•n organization (23 CFR 63S).
subject the contractor to civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C. 231. a. "Its own organization" shall be construed to include only workers .employed and paid directly by the prime con-
g. The contractor or subcontractor shall make the records tractor and equipment owned or rented by the prime contrac- required under paragraph 2b of this Section V available for tor, with or without operators. Such term does not include
inspection, copying, or transcription by authorized employees or equipment of a subcontractor, assignee, or agent
representatives of the SHA, the FHWA, or the DOL, and of the prune contractor. shall permit such representatives to interview employees
during working hours on the job. If the contractor or b. "Specialty Items" shall be construed to be limited to :subcontractor fails to submit the required records or to make work that requires highly specialized knowledge, abilities,
them available, the SHA, the FHWA, the DOL, or all may, or equipment not ordinarily availabe in the type of con-
• after written notice to the contractor, sponsor, applicant, or tracting organizations qualified and expected. to bid on the owner, take such actions as may be necessary to cause the contract as a whole and in general are to be limited to minor
suspension of any further payment, advance, or guarantee of components of the overall contract. funds. Furthermore, failure to submit the required records
upon request or to make such records available may be
Form 1213 -Revised 3•~
0~-07-9~
FR-9
Page 12-71
February 1,1998
Locat Assistance Procedures Manuat EXHIBIT 12•E
PS&E Checklist Instructions Attachment B
for the contract is under consideration to be listed on the EPA g. The prospective primary participant further agrees b~•
List of Violating Facilities. submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibi;-
4. That the firm agrees to include or cause to be included the ity and Voluntary Exclusion-Lower Tier Covered Transac- requirements of paragraph 1 through 4 of this Section X in every lion," provided by the department or agency entering into
nonexempt subcontract, and further agrees to take such action as this covered transaction, without modification, in all lower
the government may direct as a means of enforcing such re- tier covered transactions and in all solicitations for lower tier quirements. covered transactions. •
Xl. CERTIFICATION REGARDL~G DEBARMENT, h. A participant in a covered transaction may rely upon a
SUSPENS10N,1NEL1G1B1L1TYAND VOLU~'TARY certification of a prospective participant in a lower tier coy-
EXCLUSION eyed transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
i. lnstructlons for Certification -Primary Covered it knows that the certification is erroneous. A participant
Transactions: may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is
not required to, check the nonprocurement portion of the (Applicable to all Federal-aid contracts - 49 CFR 29) "Lists of .Parties Excluded Fmm Federal Procurement or
Nonprocurement Programs" (Nonprocurement List) which is . a. By signing and submitting this proposal, the prospec- compiled by the General Services Administration.
five primary participant is providing the certification set out below. i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
b. The inability of a person to provide the certification set in good faith the certification re wired b this clause. The out below will .not necessaril result in denial of artic- q y y p knowledge and information of participant is not required to
ipation in this covered transaction. The prospective par- exceed that which is normally possessed by a prudent person ticipant shall submit an explanation of why it ca~ot provide in the ordinary course of business dealings.
the certification set out below. The certification or
..explanation. will. be considered in connection. with the de- j. Except for transactions authorized under paragraph f of partment or agency's determination whether to enter into this these instructions, if a participant in a covered transaction
transaction. However, failure of the prospective primary knowingly enters: into a lower tier covered transaction with a participant to furnish a certification or an explanation shall person who is suspended, debarred, ineligible, or voluntarily
disqualify such a person from participation m this excluded from participation in this transaction, in addition to
transaction. other remedies available to the Federal Government, the de- partment oragency may terminate this transaction for cause or
c. The certification in this clause is a material represents- default. lion of fact upon which reliance was placed when the depart-
ment oragency determined to enter into this transaction. If it
is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to Certification Regarding Debarment,
other remedies available to the Federal Government, the de- Suspension, Ineligibility and Voluntary partment or agency may terminate this transaction for cause of Exclusion-Primar<~ Covered Transactions
- default.
1. The prospective primary participant certif es to the best d.-.The: prospective primary participant shall provide im- of its knowledge and belief, that it and its princi als:
mediate written notice to the department or agency to whom p this proposal is submitted if any time the prospective primary a. Are not presently debarred, suspended, proposed for
participant learns that its certification was erroneous when debarment, declared ineligible, or .voluntarily excluded
submitted or has become erroneous by reason of changed from covered transactions by any Federal department or circumstances. agency;.
e. The terms "covered transaction " "debarred " "sus ended "
p ~ b. Have not within a 3-year period preceding this Ineligible, .lower tier covered transaction, participant, proposal been convicted of or had a civil judgment ren-
"person," "primary covered transaction," "principal," dered against them. for commission of fraud or a criminal "proposal," and "voluntarily excluded," as used in this clause, offense in connection with obtaining, attempting to obtain,
have the meanings set out in the Definitions and Coverage or performing a public (Federal, State or local) transaction sections of rules implementing Executive Order 1249. You or contract under a public transaction: violation of Federa:
may contact the department or agency to which this proposal or State antitrust statutes or commission of embezzlement.
is submitted for assistance in obtaining a copy of those theft, .forgery, bribery, falsification or destruction of regulations. records, making false statements, or receiving stolen
property; f. The prospective primary participant agrees by submitting
this proposal that, should the proposed covered transaction c. Are not presently indicted for or otherwise criminally
be entered into, rt shall not knowingly enter into any lower or civilly charged by a governmental entity {Federal, State tier covered transaction with a person who is debarred, or local) with commission of any of the offenses enumerated
suspended, declared ineligible, or voluntarily excluded from in paragraph l b of this certification; and participation in this covered transaction, unless authorized
by the department or agency entering into this transaction.
Furm l21 ~ - Revi~eJ 3-9~
QR-01-9 FR-11
Page 12-73
Februarr• 1,1998
Local Assistance Procedures Manual EXHIBIT 11•E
PS&E Checklist Instructions Attachment B
grant, loan, or cooperative agreement, the~~ undersigned shall certification shall be subject to a civil penalty of not less than
complete and submit Standard Form-LLL, Disclosure Form to $10,000 and not more than S 100,000 for each such failure.
Report Lobbying," in accordance with its instructions. 3. The prospective participant also agrees by submitting his
2. This certification is a material representation of fact upon or her bid or proposal that he or she shall require. that the lan- whieh reliance was placed when this transaction was made or guage of this certification be included in all lower tier subcon-
entered into. Submission of this certification is a prerequisite tracts, which exceed $100,000 and that all such recipients shall
for making or entering into this transaction unposed by 31 certify and disclose accordingly. U.S.C. 1351. Any person who fails to file the required
FEDERAL-AID FEMALE AND MINORITY GOALS
In accordance with Section li, "Nondiscrimination," of 177 Sacramento, CA:
"Required Contract Provisions Federal-aid Construction
Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA 16.1
Goal for Women CA Placer; CA Sacramento; (applies nationwide) ..............(percent) 6.9
CA Yolo.
The following are goals for minority utilization: Non-SMSA Counties 14.3
CA Butte; CA Colusa:
CALlFORI`'lA ECONOMIC AREA CA E1 Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba.
Goal (Percent) 178 Stockton-Modesto, CA:
174 Redding, CA:
SMSA Counties: Non-SMSA Counties 6.8 5170 Modesto, CA........................................... 12.3
CA Lassen; CA Modoc; CA Stanislaus. CA Plumas; CA Shasta; S l 20 Stockton, CA X4.3
t~` CA Siskiyou; CA Tehama. CA San Joaquin.
Non-SMSA Counties 19.8 175 Eureka, CA: CA Alpine; CA Amador:
CA Calaveras; CA 1~iariposa; Non-SMSA Counties 6.6 C A Merced; CA Tuolumne.
CA Del Norte; CA Humboldt:
CA Trinity. i 79 Fresno-Bakersfield, C A:
176 San Francisco-Oakland-San Jose, CA: S'~~SA Counties:
0680 Bakersfield, CA.. t 9.1 SMSA Counties:
7120 Salinas-Seaside- CA Kern. 280 Fresno, CA.. 26.1 z onterey, CA 28.9 C A Fresno.
CA Monterey. Non-SMSA Counties.... ~
7360 San Francisco•Oakland, CA 25.6 _3.6 CA Alameda; CA Contra Costa; CA Kings; CA Madera:
CA Marin; CA San Francisco; CA Tulare. CA San Mateo. 180 Los Angeles, CA:
7400 San Jose, CA 19.6
CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA 14.9 0360 Anaheim-Santa :~na-Garden
CA Santa Cruz. Grove, CA 11.9
7500 Santa Rosa, CA 9.1 CA Orange. CA Sonoma. 4480 Los Angeles-Long
8720 Vallejo-Fairfield-Napa, CA 17.1 Beach, CA........................................................ 28.3 CA Napa; CA Solano CA Los Angeles.
6000 OXnard-Simi Vallev-
Non-SMSA Counties 23.2 Ventura, CA................................................... ? 1.5 CA Lake; CA Mendocino; CA Ventura.
CA San Benito.
Form 127 ± -Revised 3.9~ 08.07.4
FR-13
Page 12-75
FebruarF~ 1, .1998
GENERAL DECISION CA990032 02/11/00 CA32
General Decision Number CA000032
Superseded General Decision No. CA990032
State: California
Construction Type:
BUILDING
DREDGING
HEAVY
HIGHWAY
County(ies):
KERN
.BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTSECTS {does not include hopper
dredge work); HEAVY CONSTRUCTION PROJECTS (does not include oil well drilling
or water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/11/2000
ATTACHMENT C
multi-media, multiplex, nurse call systems, radio page, school
intercom and sound, burglar alarms, fire alarm (see last
paragraph belowy and low voltage master clock systems in
commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above listed
systems; inclusion or exclusion of terminations and testings of
conductors determined by their function; excluding all other data
systems or multiple systems which include control function or
power supply; excluding installation of raceway systems, conduit
systems, line voltage work, and energy management systems..
Installation or maintenance of all sound and communications
work performed- at China Lake Naval Ordnance Test Station, Edwards
Air Force Base, Elk Hills Naval Petroleum Reserve, or at new or
existing federal or state prisons shall be performed at the
Fire alarm work shall be performed at the inside wireman wage
rate and fringe benefit amount .
ELEC0428A 06/01/1998
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ELECTRICIANS:
China Lake Naval Weapons Center and
Edwards Air Force Base:
Work on structures (defined as
areas to which the public has
access) that do not exceed
6,000 sq. ft. and that do
not exceed 3 stories 14.75 4~ + 2.75
Tunnel work:
Electrician 34..175 5.37 +6.30
Cable splicer; Heliarc welding -37.00 5.37 +6.30
All other work:
Electrician 27.34 5.37.$ +6.30
ATTACHMENT C
Remainder of County 17.65 3.40
BRCA0018K 10/01/1999
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TERRAZZO WORKER 25.78 5.05
TERRAZZO FINISHER 18.83 5.05
CARP0002B 07/01/1999
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DIVERS:
Diver, wet 454.08 per day 6.33
Diver, stand-by 227.04 per day 6.33
Diver tender 219.04 per day 6.33
CARP0002Q 07/01/1999
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.DRYWALL .INSTALLERS:
Work on wood-~rarned..apartment
buildings under 4 stories 19.00 6.33
All other work 25.75 6.33
DRYWALL STOCKER/SCRAPPER 10.00 5.32
CARP0002Z 07/01/1996
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CARPENTERS:
Carpenter, cabinet installer,
insulation installer, floor
worker and acoustical installer 24.18 6.28.-
Shinqler 24.31 b.28
.Roof loader of shingles 17.02 6.28
Saw filer 24.26 6.28
Table power saw operator 24.28 6.28
Pneumatic nailer or power stapler 24.43 6.28
Fence builder 22.30 6.28
ATTACHMENT C
and substations, and outside work in electrical utility
distribution systems oraned, maintained and operated by electrical
utility companies, municipalities, or governmental agencies.
ELEV0008C 08/01/1999
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ELEVATOR MECHANIC 40.955 6.935
FOOTNOTE:
Vacation Pay: 8~ with 5 or more years of service, 6~ for 6
months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Friday after, and Christmas Day.
ENGI0012C 07/0:1/1999
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POWER EQUIPMENT OPERATORS:
GROUP 1 25.80 10.35
GROUP 2 26.58 10.35
GROUP 3 26.87 10.35
GROUP 4 27.51 10.35
GROUP 5 28.61 10.35
GROUP 6 27.73 10.35
GY .GROUP 7 27.84 10.35
GROUP 8 28.94 10.35
GROUP 9 27.96 10.35
GROUP 10 29.06 10.35
GROUP 11 28.13 10.35
-GROUP 12 28.23 10.35.
• GROUP 13 28.26 10.35
GROUP 14 28.34 10.35
GROUP 15 28.46 10.35
GROUP 16 28.63 10.35
GROUP 17 28.73 10.35
GROUP 18 28.84 10.35
GROUP 19 28.96 10..35
GROUP 20 29.13 10.35
ATTACHMENT C
plant operator, pump operator, signal, switch
GROUP 2: Asphalt-rubber plant operator (nurse tank operator),
concrete mixer operator - skip type, conveyor operator, fire
person, hydrostatic pump operator, oiler crusher (asphalt or
concrete plant), skiploader (wheel type up to 3/4 yd. without
attachment), tar pot fire person, temporary heating plant
operator, trenching machine oiler
GROUP 3: Asphalt-rubber blend operator, equipment greaser (rack),
Ford Ferguson. (with dragtype attachments), helicopter radio
(ground), stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fire person, backhoe operator (mini-max
or similar type}, boring machine operator,. box or mixer (asphalt
or concrete), chip spreading machine operator, concrete cleaning
decontamination machine operator, concrete pump operator (small
portable), drilling machine operator, small auger types (Texoma
super economatic or similar types- Hughes 100 or 200 or similar
types - drilling depth of 30' maximum}, equipment greaser (grease
truck), guard rail post driver operator, highline cableway
signal, hydra-hammer-aero stomper, power concrete curing machine
operator, power concrete saw operator, power-driven jumbo form
setter operator, power sweeper operator, roller operator
(94Y(compacting}, screed operator (asphalt or concrete), trenching
machine operator (up to 6 ft.)
GROUP 5: Equipment .greaser. (grease truck/multi-shift)
GROUP 6: Asphalt plant engineer, batch plant operator, bit
sharpener, concrete joint machine operator (canal and similar
type), concrete planer operator, deck engine operator, derrick.
(oilfield type), drilling machine operator, bucket or auger types
{Calweld 100 bucket or similar types.- Watspn 1000 auger or
similar types - Texoma 330, 500 or 600 auger or similar types -
drilling depth of 45' maximum), drilling machine operator
(including water wells. incidental. to building,. heavy or highway
construction), hydrographic seeder machine operator (straw, pump
or seed}, Jackson track maintainer, or similar type, Kalamazoo
ATTACHMENT C
propelled curb and gutter machine operator, skiploader operator
(crawler and wheel type over 1-1/2 yds. up to and including 6-1/2
yds.}, soil remediation plant operator, surface heaters and
planer operator, tractor compressor drill combination operator,
tractor operator (any type larger than D-5 - 100 flywheel h.p h.p.
and over, or similar - bulldozer, tamper, scraper and push
tractor single engine), tractor operator (boom attachments},
traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator (over 6 ft. depth
capacity, manufacturer's rating), ultra high pressure waterjet
cutting tool system mechanic
GROUP 8: Heavy-duty repair person (multi-shift)
GROUP 9: Drilling machine operator, bucket or auger types
(Calweld 200 S bucket or similar types - Watson 3000 or 5000.
auger or similar types.- Texoma 900 auger or similar types -
drilling depth of .105' maximum), dual drum mixer, dynamic
.compactor LDC350 (or similar types), heavy-duty repair-welder
combination, monorail locomotive operator (diesel, gas or
electric), motor patrol - blade operator (single engine),
multiple engine tractor operator {Euclid and similar type -
except Quad 9 cat.), rubber-tired earth-moving equipment operator
(single engine, over 50 yds. struck), rubber-tired earth-moving
equipment operator (multiple engine, .Euclid, caterpillar and
similar over 25 yds. and up to 50 yds. struck), tower crane
repair person, tractor loader operator (crawler and wheel type
over 6-1/2 yds.), Woods mixer operator (and similar Pugmill
equipment)
GROUP 10: Heavy-duty repair-welder combination (multi-shift}
GROUP 11: Auto grader operator, automatic slip form operator,
drilling machine operator, bucket or auger types (Calweld, auger
200 CA or similar types - Watson, auger 6000 or similar types -
Hughes Super Duty, auger ,200 or similar types - drilling depth of
175' maximum), hoe ram or similar with compressor, mass excavator
operator, mechanical finishing machine operator, mobile form
traveler operator, motor patrol operator (multi-engine},.pipe
mobile machine operator, rubber-tired earth-moving equipment
operator (multmultiple engine, Euclid, Caterpillar and similar type,
ATTACHMENT C
rubber-tired earth-moving equipment operator, operating in tandem
(scrapers, belly dumps and similar types in any combination,
excluding compaction units - single engine, Caterpillar, Euclid,
Athey Wagon and similar types-with any and all attachments over
25 yds.and up to and including 50 cu. yds. struck), rubber-tired
earth-moving .equipment operator, operating in tandem (scrapers,
belly dumps and similar types in any combination, excluding
compaction units - multiple engine, up to and including 25 yds.
struck)
GROUP 19: Rubber-tired earth-moving equipment operator,.
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single engine, over
50 yds. struck}, rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps, and similar types in
any combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds.
struck}
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combina~~on, excluding compaction units -multiple engine,
Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ~.u;^,
N
GROUP 21: Rubber-tieredearth-moving-..equipment operator,
operating equipment with the tandem.push-pull system (si (single
engine, up to and .including 25 yds. .struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single
engine, Caterpillar, Euclid, Athey Wagon and similar types with
any and all attachments over 25 yds. and up to and including 50
yds. struck}, rubber-tired earth-moving equipment operator,
operating with the tandem push-pull system•(multiple engine, up
to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem .push-pull system .(single
engine, over 50 yds. struck}, rubber-tired earth-moving equipment
operator, operating equipment with the tandem push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25-yds.
ATTACHMENT C
50 tons mrc); Derrick barge operator (over 25 tons up to and
including 50 tons mrc}; Highline cableway operator; Hoist
operator, stiff legs, Guy derrick or similar type (over 25 tons
up to and including 50 tons mrc); K-crane ..operator; Polar-crane
operator
GROUP 10: Crane .operator (over 50 tons and up to and including
100 tons mrc); Derrick barge operator (over 50 tons up to and
including 100 tons mrc); Hoist operator, stiff legs, Guy derrick
or similar type (over 50 tons up to and including 100. tons mrc),
Mobile tower crane .operator -(over 50 tons, up to and including
100 tons M.R.C.); Tower crane .operator and tower gantry
GROUP 11: Crane operator (over l00 tons and up to and including
200 tons mrc); Derrick barge. operator (over l00 tons up to and
including 200 tons mrc); Hoist operator, stiff legs, Guy derrick
or similar type (over ler 100 tons up to and including 200 tons mrc);
Mobile tower crane operator (over 100 tons up to and including
200 tons mrc}
GROUP 12: Crane operator (over 200 tons. up to and including 300
tons mrc); Derrick barge operator (over 200 tons up to and
including 300 tons mrc}; Hoist operator, stiff legs, Guy derrick
or similar type (over 200 tons, up to and including 300 tons
mrc); Mobile tower crane operator (over 200 tons, up to and
including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons}:;.Helicopter pilot; Hoist operator, stiff
legs., Guy derrick or similar type {over 300 tons); Mobile tower
crane operator {over. 300 tons}
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson {up to and including
10 tons)
ATTACHMENT C
structural 24.18 13.83
FOOTNOTE:
Work at China Lake Naval Test Station and Edwards Air Force
Base: $3.00 per hour .additional.
LAB00001B 07/01/1999
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BRICK TENDER 18.43 9.44
LAB00002H 07/01/1999
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LABORERS:
GROUP 1 16.18 9.49
GROUP 2 18.58 9.49
GROUP 3 18.78 9.49
GROUP 4 19.83 9.49
GROUP 5 20.03... 9.49
TUNNEL LA80RERS:
GROUP i 2i.09 9.49
GROUP 2 21.21 9.49
GROUP 3 21.37 9,49
GROUP 4 21.65 9.49
GUNITE LABORERS:
GROUP 1 20.89... 11.43
GROUP 2 19.94 11.43
GROUP 3 1b.40 11.43
HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A
CONSTRUCTRUCTION CONTRACT}:
Housemover 15.50 8,38
Yard maintenance person 15.25 8.38
FOOTNOTE:
GUNITE PREMIUM PAY:
Workers working from a Bosn'n's Chair or suspended from a
rope or cable shall receive 40 cents. per hour above the
ATTACHMENT C
and sidewalks; Concrete curer, impervious membrane and form
oiler; Cutting torch .operator (demolition); Fine grader, highways
and street paving, airport, runways. and similar type heavy
construction; Gas, oil and/or water pipeline wrapper - pot tender
and form person; Guinea ,chaser; Headerboard person - asphalt;
Laborer, packing rod steel and pans,: Membrane vapor barrier
installer; Power broom sweeper (small); Riprap stonepaver,
placing stone or wet sacked concrete; Roto scraper and tiller;
Sandblaster (pot tender); Septic tank digger and installer
(lead); Tank scaler and ,cleaner; Tree climber, faller, .chain saw
operator, Pittsburgh chipper: and similar type brush shredder;
Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and out; High
scaler (including drilling of same); Hydro seeder and similar
type; Impact wrench multi-plate; Kettle person, pot person and
workers applying. asphalt, lay-kold, creosote, lime caustic and
similar type materials ("applying" means applying, dipping,
brushing or handling of such materials for pipe wrapping
and waterproofing); .Operator of pneumatic, gas,. electric tools,
vibrating machine, pavement breaker,.. air blasting, come-alongs,
and similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of joints,
sealing, caulcaulking, diapering and including rubber gasket joints,
pointing and any and all other services.; .Rock clinger; Rotary
scarifier or multiple .head concrete chipping scarifier; Steel
headerboard and guideline setter; Tamper,. Barko, Wacker and
similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker,. lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete core
cutter (walls, floors or ceilings)., grinder or sander; Concrete
saw person, cutting walls or flat work, scoring old or new
concrete; Cribber, shorer, lagging, sheeting and trench bracing,
hand-guided lagging hammer; Head rock clinger; Laborer, asphalt-
rubber distributor boot person; Laser beam. in connection with
ATTACHMENT C
and/or grouting machines; Powder person (primer house; Primer
person; Sandblaster;. Shotcrete person; Steel form raiser and
setter; Timber person, retimber person, wood or steel; Tunnel
Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Nozzle person and rod person
GROUP 2: Gun person
GROUP 3: Rebound person
LAB00220F .01/01/1999
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PLASTERER TENDER:
Edwards Air Force Base; Elk Hlk Hills.
Naval Reserve; and Naval Air
. Weapons Station, China Lake 18.64. 7.91
Remainder of County 14.96 7.91
LAB00882B 09/0.1/199.8
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ASBESTOS REMOVAL LABORER 10.37 3.76
SCOPE OF WORK: Includes site mobilization, initial site cleanup,
site preparation, removal of asbestos-containing material and
toxic waste, encapsulation, enclosure and disposal of asbestos-
containing materials and .toxic waste by hand or with equipment
or machinery; scaffolding, fabrication of temporary wooden
barriers and assembly of decontamination stations.
LAB01184A 07/01/1999
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LABORERS - STRIPING:
GROUP 1 18.61 7.90
ATTACHMENT C
and car washes; Small new
commercial work (defined
as construction up to and
including 3 stories in
height, such as small
shopping centers, small
stores, small office
buildings and small food
establishments); Small
new industrial work.
(defined as light metal
buildings, small warehouses,
small storage facilities and J
tilt-up buildings}; Repaint
work (defined as repaint of
any structure with the
exception of work involving
the aerospace industry,
breweries, commercial
recreational facilities,
hotels which operate
commercial establishments '
as part of hotel service,
and sports facilities) ;
Tenant improvement work
(defined as tenant
,improvement work not
included in conjunction with
the construction of the
building, and all repainting
of tenant improvement
projects 17.20 5.91
All other work 19.30 5.91
PAIN003bJ 10/01/1999
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DRYWALL FINISHER:
ATTACHMENT C
urethanes and exotic
coatings, Dex-O-Tex) 18.97 8.83
Cement masonason, floating and
troweling machine operator 19.10 8.83
All other work:
Cement mason; curb and gutter
_ machine operator; Clary and
similar type of screed
operator (cement only);
grinding machine (all types);
Jackson vibratory, Texas
screed and similar type
screed operator; scoring
machine operator 20.81 10.83
Cement mason (magnesite,
magnesite - terrazzo and
mastic composition, epoxy,
urethanes and exotic
coatings, Dex-O-Tex) 20.93 10.83
Cement Mason -floating and
troweling machine operator 21.06 10.83
FOOTNOTE:
Work on a swinging stage, bosun chair, or suspended scaffold,
whether swinging or rigid, above or below ground:-$0.25 per hour
additional.
PLUM0355C 07/01/1999
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LANDSCAPE FITTER; UNDERGROUND
UTILITY WORKER 22.00 4.90
PLUM04608 01/01/1999
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PLUMBER; STEAMFITTER; REFRIGERATION:
Encompasses all the central valley:
ATTACHMENT C
Work on all commercial HVAC for
creature comfort and computers
clean rooms, architectural metals,
metal roofing and lagging, over
insulation 27.51 9.00
SHEE0102E 01/01/1999
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EAST OF HWY. #395 FROM RED MOUNTAIN TO THE INYO COUNTY LINE:
INDUSTRIAL SPECIALTIES SHEET METAL WORKER:
Work on all air. pollution control
systems, noise abatement panels,
blow pipe, air-veyor systems,
dust collecting, baghouses,
heating, air conditioning, and
ventilating (other than creature
comfort] and all other industrial
work, including metal insulated
ceilings 25.21 12.82
SHEE0108A 10/01/1998
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WEST OF HWY.-#395 FROM RED MOUNTAIN TO THE INYO COUNTY LINE:
SHEET METAL WORKER: -
Light commercial work
(10,000 sq. ft. or less) 1b.43 2.25
All other work 22.90 8.b2
TEAMOOIID 07/01/1999
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TRUCK DRIVERS:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake:
GROUP 1 22.19. 11.89
GROUP 2 22.34 11.8.9
ATTACHMENT C
limited to pipeline and utility work;- Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or lmore; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16
yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump ump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds.-or more water level; Water pull
- single engine with attachment
GROUP 11: Water pull - twin engine; Water pull --twin engine
with attachments; Winch truck driver -.$1.25 additional when
operating winch or similar special attachments
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only.
as provided in the labor standards contract clauses (29 CFR?5.5(a
• WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the .matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
ATTACHMENT C
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END END OF GENERAL DECISION
ATTACHMENT C
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractrn• shall
be responsible for repairing. and reconnecting severed or damaged lines and~or ~ti~irin;.; and replacement of damaged
plant material at his own cast. In the event of interruption of in•igation operation` due to dama~~e by the Contractor.
the Contractor shall be responsible for maintaining the health of plant material in the area foir the duration of
irrigation interruption.
Attention is directed to the fact that nuisance water may be present at all times alan~.; 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.
PAYMEIV'T. 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 ~~~ill
be allowed therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and
other warning and safety devices when performing work which interferes with or endangers the safe movement of
traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in
the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work
Upon Highways", published by the State of California, Department of Transportation. Application and use of
devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and
progress of the work and shall .notify them immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience". of the Standard Specifications,
shall be amended to read as follows:
Lane closures shall be allowed only between the hours indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
California Avenue Both 8:30 am - 4:30pm
Owens Street Both 8:30 am - 4:30pm
Whel•e construction operations ai•e actively in progress, a minimum of one traffic lane for each direction of
travel shall be open foi• use by public traffic. Such lanes shall not be less than twelve (l2) feet in width.
Where. construction operations are. not actively in progress al lanes shall be open for use by public traffic.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area, signs,
Tights. flames, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic: Also, where directed by the Engineer, the Contractor shall furnish competent
flagmen whose sole duties shall consist of directing the movement of public traffic through or around the
work. When deemed necessaYy by the City, the signs "Road Construction Ahead". No. C-18, and "End
25
Blast cleaning for removal of traffic stripes shall be feathered out to i~Te~..►ular and ~~arving widths. Pa~~ement
markings shall be removed by blast cleaning a rectangular area. rather than just lettering or markin~.;s, so the old
message cannot be identified.
After removal of traffic stripes and pavement markings. a fog seal coat shall be applied in conformance with the provisions in Section 37. "Bituminous Seals", of the Standard Specifications and the follo«~ing:
In traffic stripe-removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to irregular
and varying widths with an average width of two feet o~~ each side of the blast cleaned traffic stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
Full compensation for furnishing and applying fog seal coat as specified he1•ein shall be considered as included in
the contract price paid per square foot for Remove Traffic. Stripes and Pavement Marking and no additional
compensation will be allowed therefor.
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section
7-1..09,.."Public. Safety", of the Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripes removed will be determined by the width of the
stripe plus 0.67 foot multiplied by the length of the stripe. The space between double traffic stripes will be measured
as painted traffic stripe. Quantities of pavement markings removed will be determined by the actual size of the
rectangle measured in square feet. . ;k,,, , c..:.
,i/.viYr.a'..
Removing of traffic stripes will be paid for at the .contract unit price per square foot for the actual area of authorized
stripe removal..
The contract unit .price per .square .foot for Remove Traffic Stripes .and Pavement Marking shall. include full
compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary .for
removing existing striping as shown on plan and as .directed by the Engineer.
7-1.07 REMOVE ROADSIDE SIGNS. Existing roadside signs, at locations shown on the plans to be removed,
shall be removed and disposed of. Sign panels, as shown on the plans, shall be salvaged and delivered to the City
corpot•ation yard at 4101 Truxtun Avenue.
MEASUREMENT AND PAYMEIV'T. Full compensation fol• salvaging sign panels and removing posts shall be
considered as included in the contract unit price paid for Remove Roadside Sign and no separate payment will be
made therefor.
7-1.08 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the .provisions in Section 16, "Clearing and Grubbing", of the Standard Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the
Engineer.
27
M1~1EASl.'RE1IENT AND PAYMENT. Quantities of Minor Concrete (Sideu~al);) shall be paid f~~r at the contract
price per square foot of sidewalk.
Quantities of Minor Concrete used in wheelchair ramp construction shall be considered as minor concrete (sidewalk) and paid for at the contract price per square foot of Minor Concrete (Side~~~alk).
Quantities of.Minor Concrete (Curb and Gutter) shall be paid for at the contract price per linear foot, measurement
of which. shall be the actual lengths in the field, including breakdowns for wheelchair ramps, drive approaches and
driveways.
This pay item shall include sawcutting existing pavement pet• City Standard S-1 and providing new asphalt concrete
tie-in at all affected areas.
The above prices and payments shall include full compensation for furnishing all labo~~, materials (including asphalt
concrete and adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment
and incidentals, and for doing all the work involved in constructing curb, gutter depressions, sidewalks, wheelchair
ramps, cross drains, drive approaches, driveways, and median curbs .complete in place, including but not limited to, sawcutting, excavation, compaction, concrete removal, pavement removal and driveway tie-in, as shown on the
plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
7-.1.12 TRAFFIC STRIPES AND PAVEMENT .MARKINGS. Traffic stripes and pavement markings shall
conform to Section 84, "Traffic Stripes and Pavement Markings", of the Standard Specifications, and these special provisions.
The first sentence of Section 84-2.02, "Materials" shall be revised to read:
The thermoplastic material shall conform to State Specification 8010-21 C-19.
.MEASUREMENT. Traffic stripes will be measured by the lineal foot of striping Detail specified. Striping Details
are referenced in the bid items,. the plans and the Standard Plans.
PAYMENT. The estimated quantity of Traffic Stripes and Pavement Markings shall be a final pay quantity in conformance with Section 9-1.015, "FINAL PAY QUANTITIES", of the Standard Specifications.
7-1.13 PAVEMENT MARKERS. Pavement Ma1•kers shall conform to Section 85, "Pavement Markers", of the
Standard Specifications and these special provisions.
New markers shall be placed in accordance with the State Traffic Manual "Markings" Section per the following
details as they apply to the project plans:
Detail 22
Detail 38
Two-Way `Type D' (blue) Fire Hydrant Location Pavement Markers shall be placed at all fire hydrant locations within the project limits in accordance with the State Traffic Manual "Markings" Section.
29
SECTION 7-2 TRAFFIC' SIGNALS AND LIG~ITI?1C
7-2.01 FOU?V'DATIONS. Foundations shall conform to the provisions in Section Rfi-2,03. "Foundations", of the
Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new' foundations and shall fur<~ish the
appropriate nuts and washers for existing foundations to be reused.
When foundations are to be abandoned as shown on the plans the last paragraph of Section Rfi-2.03. "Foundations",
shall be amended to read:
When a foundation is to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed
to a .depth of not less than three (3) feet below surface of sidewalk or unimproved ground. The resulting
hole shall be backfilled with material equivalent to the surrounding material.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 8f~-2.05. "Conduit", of the Standard
Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods: Installation using jacking or drilling shall conform to Section 86-2.OSC, "Installation", of the Standard Specifications. Open trench installation in
pavement shall conform to the following specifications:
a. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing: pavement in a
trench not to exceed six (6) inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of
conduit. The top of the installed conduit shall be a .minimum of twelve (I S) inches below finished
grade.
b. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a
two (2) sackslurry .cement backfill. Slurry cement, backfill shall be placed to within 0.20 feet of
the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete. produced from
commercial quality paving asphalt and aggregates.
c. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat. and Paint Binder", of the Standard Specifications. Spreading and compacting of
asphalt concrete shall be performed by .any method which will produce an asphalt concrete surface
of uniform smoothness, texture, and density.
d. All excavated areas in the pavement shall be backfilled except for the top 0.20. foot, by the end of
each work day. The top 0.20 foot shall be placed within three (3) working days after. trenching.
Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet
until such a time as the permanent asphalt surface is placed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of .construction, the
Engineer may specify which of the above methods may be used.
31
Increase main breaker as required for actual load.
The Engineer will arrange with the sen-ing utility to complete service connections to service points shown on the
plans and will pay all required costs and fees required by the utility.
7-2.06 TESTING. Testing shall conform to the provisions in Section Rh-2114. "Testing", of the Standard
Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered. prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section ~b 2.14C "Functional
Testing", of the Standard Specifications and the following paragraphs:
Functional test period is included in the number of working days to complete the .project as described in
SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETIOI~T AND LIQUIDATED
DAMAGES" of these special provisions.
The fourth paragraph of Section 86-2.14C "Functional Testing" of the Standard Specifications shall be amended to
read as follows:
Turn on of new or modified traffic signals shall be made only after all traffic signal circuits, including
signal interconnect circuits, have been thoroughly tested as specified above.
7-2.07 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown
on the plans, and the installation whereof, shall conform. o he provisions in Section 86-4.01, "Vehicle Signal Faces",
Section Sb-4.02, "Directional Louvers", Section 8f -4.03. "Backplates", and Section 86-4.Of~, "Signal Mounting
Assemblies", of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and Backplates shall not be structural plastic.
All lamps for traffic, signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12" (300 mm) sections ar~d red "LED" type indications.
Tunnel viso~~s shall be installed on all signal heads.
The fourth. sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies", of the Standard Specifications. shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip ,galvanized ductile iron.
33
The indi~~idual LEDs shall be «~ired such that a catasti•ophir tailurc~ of rnie LED ~~~il) result i» th~~ loss cif' n~~t mrn•~~
than 5 percent of the signal module light output.
The failure of an individual LED in a string shall only result in the loss of~ that LED. not the entire sung ur
indication.
The LED signal modules tested or submitted for testing shall be representati~~e of typical a~~erage production units.
Circular modules shall be tested according to California Test No. 604. All optical testing shall be performed ~~rith the module mounted in a standard traffic signal section but «~ithout a visor or hood attached to the signal section.
Maximum initial power requirements for LED signal modules shall be ?5 watts for 12" (300 mm) red, l5 watts for
R" (200 mm) red and 15 watts for 12" (300 mm) red arrow at 25 °C.
LED signal.. modules shall be rated for a minimum useful life of 48 months and shall maintain not less than RS
percent of the standard Light output values found in the ITE publication ST-OOSB, "Vehicle Traffic Control Signal
Heads" (VTCSH ST-017), after 4~ months of continuous use in a traffic signal operation over the temperature range of -40°C to +74°C.
In addition to the requirements for circular LED signal modules, arrow modules shall conform to the following:
The LED red arrow indication shall meet existing specifications stated in the VTCSH Section 9.01 for arrow Tenses.
The LEDs shall be spread evenly across the illuminated portion of the arrow area. Each LED signal section
indication shall provide a minimum average luminous intensity of 5,500 candelaim2, as measured bv_ the VTCSH.
All measurements shall be performed at rated operating voltage of 120 VAC.
7-2.07A.3 PHYSICAL AND MECHANICAL REQUIREMENTS. LED traffic signal modules shall be designed
as retrofit replacements for existing optical units of signal lamps and shall not require special tools for installation.
LED signal modules shall fit into existing traffic signal section housings built to the VTCSH without modification
to .the housing.
Installation of a LED signal module shall only require the removal of the optical .unit components, i.e., lens, lamp
module, gaskets, and reflector; shall be weather tight and fit securely in the housing; and shall connect directly to
electrical wiring.
LED SIGNAL MODULE LENS. The LED signal module shall be capable of replacing the optical unit. The lens
may be tinted or may use transparent film or materials with similar characteristics to enhance ON/OFF contrasts.
The use of tinting or other materials to enhance ON/OFF contrasts shall not affect chromaticity and shall be uniform
across the face of the lens.
If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to provide front surface
abrasion resistance.
ENVIRONMENTAL REQUIREMENTS. The LED signal module shall be rated for ,use in the operating
temperature range of -40 °C (-40 ° F) to +74 °C 165 °F}.
35
All «~irin~; and terminal blocks shall meet the requirements of Section 13.0_' of the ~'TC'SI1 standard. T~~~o secured.
color coded. 914 mm (36 in) long 600 V, 20 AWG .minimum. jacketed ~~~ires, rontrnmulg to the National f:lectric
Code. rated for ser~•ice at ~ 105 °C'. are to be prrn•ided for electrical connection for each T~~pe l I.EI) si~Tnal module.
The signal module on-board circuitry shall include ~~oltage surge protection to withstand high-repetition noise transients as stated in Section 2.1.6 of NEMA Standard TS-?, 1992.
LED signal modules shall be operationally compatible with cuiTently used controller assemblies (solid state load
sv~~itches, flashers, and conflict monitors).
LED signal modules and associated on-board circuitry must meet Federal Communications Conunission (FCC)
Title 47, SubPai-t B. Section 15 regulations concealing the emission of electronic noise.
The LED signal module shall provide a powet• factor of 0.90 or greater.
Total harmonic distortion (current and voltage) induced into an AC power line by a LED signal module shall not
exceed 20 percent.
7-2.07A.6 CERTIFICATE OF COMPLIANCE. The Contractor shall provide the Engineer a Certificate of Compliance from the manufacturer in accordance with the provisions of Section 6-1.07, "Certificates of
Compliance," of the .Standard Specifications. The certificate shall certify that the LED signal modules. comply with
the requirements of these specifications. Said certificate shall also certify the LED .Signal modules confoi•~n to the
pre-qualified and testing approval of CalTran~ and was manufactured in accordance with the CalTrans quality
control program. The certificate shall also inc~~l~lc a copy of all applicable test reports on the LED signal modules. A.
7-2.07A.7 MAINTENANCE PERIOD AND REPLACEMEI~'T MODULES. Five extra modules of each size
and type that are furnished for this project shall be delivered to the Engineer for use as replacements for modules
that may fail during the one year maintenance period.. When the .maintenance period has expired, the LED signal
modules being held for use as replacements will be released. to .the Contractor. at the address noted below. Tluee
spcn~e mnrlules of each size and type used for this project shall then be furnished by the Contractor.
7-2.07A.8 GUARANTEE, LED signal modules shall be guaranteed by the Contractor for a period of one year
starting on the day after. the. project is accepted by the Engineer.. Modules that- failduring this period shall be
replaced at no cost to the City, except that City forces will change out the modules in the field. The replacement
modules shall be delivered to the Engineer, or to the City Corporation Yard located at 4101 Truxtun Avenue, within five working days after notification. The failed modules will be made available to the- Contractor at the above
address at the same time as thereplacement is delivered.
7-2.07A.9 WARRANTY. The manufacturer shall provide a written waa•anty against defects in materials and workmanship for the LED signal modules for a period of 36 months after installation of themodules. Replacement
modules shall be provided promptly after receipt of modules that have failed~at no cost to the- City except cost of
shipping of thefailed modules. All waiTanty documentation shall be given to the Engineer prior to installation.
7-2.08 LIGHT EMITTING DIODE PEDESTRIAN SICN'AL FACE "IPRAISED HAND" MODULE Pedestrian .signals shall confoan to the provisions in Section l~h-4.05, "Pedestrian Signal Faces". of the Standard
Specifications and these special provisions.
Unless otherwise noted on the plans, pedestrian signals shall be Type A conforming to the follo~~ing:
37
LED pedestrian signal face "Upraised Hand "module shall be rated for a minimum useful life of 4R months and shall maintain not less than percent of 3750 cd m= after 4R months of ~~ontinuous ust~ in a traffi~~ signal operation
over the temperature range of -40°C to +74°C.
7-2.08A.3 Ph~~sical and 11~echanical Requirements
LED pedestrian signal face "Upraised Hand" modules shall be designed as retrofit requirements for existing optical
units of signal lamps and shall not require special tools for installation. LED pedestrian signal face "Upraised Hand
module .shall tit into existing pedestrian signal face housings built according to "Vehicle Traffic Control Signal
Heads (VTCSH)" without modification to the housing.
Installation of a LED pedestrian signal face "Upraised Hand" module shall only require the removal of the lamp.
Environmental Requirements. The LED pedestrian signal face "Upraised Hand "module shall be rated for use in
the operating temperature range of -40°C to +74°C,
Construction.--The LED pedestrian signal face "Upraised Hand "module shall be a single, self contained device
not requiring on-site assembly for installation into an existing Type A Housing. The power supply for the LED
pedestrian signal face "Upraised Hand" module shall. be integral to the units. The power supply for the LED
pedestrian signal face "Upraised Hand" module shall be integral to the unit..
The assembly and manufacturing process for the LED pedestrian signal face
"Upraised Hand" module assembly shall be designed to assure internal components as adequately supported to withstand mechanical shock and vibration from high winds and other sources.
Materials.-- Materials used for the pedestrian signal face "Upraised Hand" module constl-uction shall conform to
ASTM specifications materials where applicable. v
Enclosures containing either the power supply or electric components of the pedestrian signal face "Upraised
Hand" module shall be made UL94V0 flame .retardant materials.
Module Identification.--Each LED pedestrian signal face"Upraised Hand" module shall have the manufacturer's
name, trademark, and other necessary identification permanently marked on the back of the module. Each
individual LED pedestrian signal face "Upraised Hand" module shall be identified for warranty purposes.
The following operating characteristics shall be identified: rated voltage, power consumption, and volt-ampere
(VA)•
7-2.08A.4 Photometric Requirements
An LED pedestrian signal face "Upraised Hand" module shall meet at least 85 percent of the minimum 3750 cdim
while operating throughout the operating temperature range of -40°C to +74" C.
39
The manufacturer shall pro~~ide a «~ritten «~arrant~~ against detects in materials and ~~~arkmanship t~~r .the I.FD
pedestrian signal face "Upraised Hand "modules for a period of 36 months after installation of the modules.
Replacement modules shall be provided promptly after receipt of modules that ha~~e failed at na cost to the -City
except cost of shipping of the failed modules. All «~ananty documentation shall be given to the Enginc~er prior to
installation.
7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 8(~-6.01. "High Pressure Sodium ~t
Luminaires", of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts «~ith lamp wattages as sha~~~n on
the plans.
An in-line fuse shall be located in the pull box.
7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section
86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectric control.
7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller
and cabinet assembly for the location complete with all necessary prom modules, conflict monitor, flasher units and
relays, isolation module, switch packs, detector cards, keys and locks. The central pad on the Foundation Detail in
State Standard Plan ES-4B shall be increased from a height of three and one-half (3.5) inches to a height of twelve
(12) inches.
7-2.12 VIDEO VEHICLE DETECTION SYSTEM.. City furnished vehicle detection equipment will be as
follows:
Econolite's AUTOSCOPE-2004, Video Vehicle Detection System (Video Controller)
Econolite Image Sensors Model Number AS-CAM-FXX.0-C60-m 11 (Video Camera)
Focal length as shown on the plans or as specified by the Engineer.
City-furnished video cameras shall be installed by the contractor. Video Cont1•ollers will be installed by City forces.
Contractor shall contact City Traffic Department (Traffic Signal Technician 661-326-3994) at least 48 hours in
advance for coordination and equipment delivery of City provided equipment.
Camera video cable (Belden #8281) shall be furnished by the contractor and shall 1-un continuous from camera pigtail
connection to signal controller cabinet. Camera video and power cords shall enter luminaire arm using engineer
approved crimp-type BNC connectors such as Ampheno131-71032 and shall utilize a drip loop. Connectors should be
installed using Amphenol CTL-2 Crimping Tool. Weatherproof connections shall not be at bottom of drip loop.
Connections at cameras shall be appropriately wrapped and weatherproofed.
When allowed by the Engineer, splicing camera video coaxial cable and power wiring shall be spliced in the hand hale
of each respective signal standard where video cameras are mounted. Splicing will not be allowed in pull boxes at the
base of signal standards. All splices shall be appropriately wrapped and weatherproofed.
41
PROPOSAL
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION ON
CALIFORNIA AVENUE AT OWENS STREET
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein;
that this proposal is made without collusion with any other person, firm or corporation; that he has carefi~lly examined the location of
the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this
proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide
all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in
accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as
specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of
insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and
the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another e
bidder.
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION PRICE
N0. QUANTITY MEASURE (in figures} figures)
1. 200 SQFT Remove Traffic Stripes and Pavement
Markings
2. 8 EA Remove Roadside Sign
3. 4 EA Install Roadside Sign (GSP Post)
4. 745 SQFT Minor Concrete (Sidewalk)
5. 140 LF Minor Concrete (Type B Curb & Gutter)
6. 50 LF Thermoplastic Traffic Stripe, Detail 22
Page 1 of 4
PS-1
PROPOSAL FOR: ~ ~ C SIGNAL AND LIGHTING SYSTEM INSTALLATION ON
CALIFORNIA AVENUE AT OWENS STREET
ITEM ESTIMATED UNTf OF ITEM UNIT PRICE EXTENSION PRICE
N0. QUANZTTY N[EASURE (in figures) figures)
7. 50 LF Thermoplastic Tratlic Stripe, Detail 38
9. 330 SQFT Thermoplastic Pavement Marking
10. 1 LS Traffic Signal and Lighting System
Signed Total:
Bidder
BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA:
CLEARLY LIST ANY AND ALL ADDENDA NUMBERS RECEIVED ON THIS PROJECT, ABOVE AND ON THE
LOWER LEFT HAND CORNER OF THE SEALED BID RETURN ENVELOPE.
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER THE PENALTY OF PERJURY
Signed
Bidder Company
Address
P.O. Box
City, State Zip Code
Area Code Telephone No.
License No.lExpiration Date
Page 2 of ~
PS-2 '
PROPOSAL FOR:
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION ON
CALIFORNIA AVENUE AT OWENS STREET
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the
Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid
submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth
as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to
determine the correct Unit Price in accordance with the following:
• As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
• As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the
location of the mill, shop or office of each subcontractor ~vho will perform work or labor or render service to the Contractor in or
about the construction of the work or improvement in excess of one-half of one percent (0.5%) of prime Contractor's total bid, or
TEN THOUSAND DOLLARS 10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted a7th said bid proposal.
Subcontractor's Name/ Description of portion
Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
Page 3 of ~
PS-3
PROPOSAL FOR: TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION ON
CALIFORNIA AVENUE AT OWENS STREET
Accompanwing this proposal is
[NOTICE: 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 of corporation, also names of the
president,. secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual
copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in accordance pith an act providing for the registration of
Contractor's License No.
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer
or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the-true name of the firm shall be -set
forth above together with the signature of the partner or partners authorized to sign contracts onbehalf of the copartnership; and if
bidder is an individual, his signature shall be placed abo~~e. If signature is by an agent, other than. an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or
submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Date
Page 4 of 4
PS-4
BIDDER'S BOND
(To Accompany Proposal)
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety,
are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of
dollars to be paid to said City, for which payments, well and truly
to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents..
THE CONDITION OF THIS OBLIGATION IS .SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
CONTRACTORS.attachedbereto, 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 t<vo bonds required by law, tivithin ten days (not including Sunday} from the date of a notice to the
above bounden principal, tlu~t said contract is ready for execution, then this obligation shall become null and void, otherwise it shall
be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,19
(Seal)
(S~)
(Seal)
Page 1 of 2
PS-~
STATE OF CALIFORNIA )
ss.
COUNTY OF ~ )
On before me, .
Date
personally app~rared
Personally known to me
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument
WITNESS my hand and official seal.
Signature of Notary
~~______~.~-------------------OPTIONAL=- ---N--- ---~~-M-----NN---- ---NNM---~~--~~ MM~~-~~M-M-----N---N--
Thoughthe data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
re-attachment of this form.
CAPACTI'Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Title or Type of Document
.Title(s)
❑ PARTNERS ❑ L O IlViITED
❑ GENERAL
Number of Pages
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES)
Signer(s) Other than Named above
PS-6
Page 2 of 2
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The Bidder, .under penalty of perjury, certified that, except as noted below, he/she or any person associated therewith in the
.capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the
past three (3) years;
Does not have a proposed debarment pending; and
Has not been indicated, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in
any matter involving fraud or official misconduct within the past three (3) years.
If there are any exceptions to the Certifications, insert the exceptions in the following space:
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above Certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this Certifications.
Signature of Contractor
Page 1 of 1
PS-7
CERTIFICATE OF ASSURANCE WITH REGARD TO PARTICIPATION BY
DISADVANTAGED BUSINESSES IN SUBCONTRACTING
(Complete and submit with Proposal)
Contract No.
PS?~~L~Y. It is the poL'cy of the City of Bakersfield that disadvantaged businesses (as defined in 49 CFR Part 23) shall have
the maximum opportunity to participate in the performance of projects financed in whole or in part with Federal funds. The
disadvantaged businesses requirements of 49 CFR Part 23 apply to this agreement and the work to be rformed ursuant to pe P
this agreement.
OBLIGATION. Contractor agrees to ensure that disadvantaged businesses (as defined in 49 CFR Part 23) shall have the
maximum opportunity to participate in the performance of subcontracts for work financed in whole or in part with the
Federal funds provided pursuant to this agreement. In this regard, Contractor shall take all nec e`►sary and reasonable steps
~n accordance with 49 CFR Part 23 to ensure that disadvantaged businesses have the maxunum opportunity to .compete for
and perform subcontract work. Additionally, Contractor agrees. not to 'urinate on the base of race, color, national origin, or sex in the award and performance of subcontracts for work finances, in whole or in part, with the Federal funds
provided pursuant to~ this agreement.
CERTIFICATION. Contractor certifies that:
In accordance with the above described policy and obligation. and the provisions of Section 2-1.14, "DBE Goals for This
Project", and Section 6-2, submission of DBE .information, award, and execution of contract of the special provisions of this
contract, affirmative action .has been taken to seek out and consider disadvantaged .businesses for the portions of the work which are .intended to be subcontracted and that such affirmative actions are fully documented in my/our records and are
available upon request. In addition, Ilwe will take such affirmative action on any future subcontracting relating to this
contract.
Dated
Contractor
Page 1 of 1
PS-8
NONCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal)
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION ON .
CALIFORNIA AVENUE AT OWENS STREET
STATE OF CALIFORNIA )
ss.
COUNTY OF )
being first duly sworn, deposes and says that he or
Name
she is of
Title Company
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder .has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
..connived, or agreed with any bidder. or anyone else to put in a sham bid, or that anyone shall refrain. from bidding; that the. bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid. price of the
bidder or any other bidder or to fix any overhead, profit, or cosh element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements
..contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any'
breakdown thereof , or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, .company, association, organization, bid depository, or to .any member or agent thereof to effectuate a
collusive or sham bid. Under penalty of .perjury, the bidder declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been con~~icted of any offense referred to in the California Public Contract Code.
Business Address
Telephone No.
Place of Residence
Subscribed and sworn to before me
this day of ,19
Page 1 of 1
PS-9
.Local Assistance Procedures Manual EXHIBIT 1Z-E PS&E Checklist instructions Attachment L
LOCAL AGENCY BIDDEk-DBE L'~FQR:MATION .
This information may be submitted with your bid proposal. If it is not, and you are the a arent low bidder or the second or third low bidder, it must be submitted and r ' ' pp
eceived by the administenng agency no later than the times ecified in the s ecial rovisions.
CO./RTE.IP.M.; BIDDER'S NAME:
CONTRACT NO.: ADDRESS:
81D AMOUNT:
B1D OPENING DATE: DBE GOAL FROM CONTRACT
ITEM OF WORK AND , NAME OF DBE DOLLAR PERCENT
CONTRACT DESCRIPTION OF WORK OR (Name of DBEs, Certification Number, AMOUNT * * * ITEM N0. SERVICES TO BE and Telephone Number) * * * DBE
SUBCONTRACTED OR ~~iATERIALS DBE
TO BE PROVIDED
Total Claimed ~ ~ Participation
* If 100% of item is not to be performed or furnished'oy DBE, describe exact portion, including planned location of work to
be rformed, of item to be rformed or furnished b .DBE DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state-funded only
cannot be used to meet goats on federally funded contracts.
* Credit for a DBE supplier, who is not a manufacturer is limited to 60% of the .amount paid to the supplier. (See Section "Disadvantaged Business" (DBE) of the special provisions)
I17PORTANT; Names of DBE subcontractors and their respective items} of work listed above .
should be consistent with the name and items of work in the "List of Subcontractors"
submitted with our bid ursuant to-the Subcontractors Listing Law.
Signature of Bidder Date (Area Code} tel. No.
Person to Contact (Please type or print)
Distribution for NHS Projects: (1) Original-Caltrans DL.~E for NHS; Projects, (2) Copy-Local Abency project file
Distribution for non-tiHS Projects: (1) Original Local Ace^cy project file
DEPT. OF TRANSPOR?ATiOIV' (FED DBE) tiiODIFIED DC•0E-19 (REV 09.18-95)
Page 12-99 February 1,1998
PS-10
Local Assistance Procedures Manual EXHIBIT 15-H
Good Faith Effort Statement of DBE Participation
GOOD FAITH EFFORT STATE MENT OF DBE PARTICIPATION
Federal-aid Project No. Bid 0 enin D t
p g ae
Type of Work
The _ local agency) established a Disadvanta ed Bu ' '
for this ro'ect. The Contract r g siness Enterprise (DBE} goal of P ~ o has committed to a goal of necessitatin a ood faith
effort statement in accordance with 49 CFR 23.45. Our pro'ect files show th t g g
The following is a summa of that documentati ~ a a good faith effort was made. ry on.
1) Attendance at - or request for any pre-solicitation or pre-bid meetin s;
g
2) Advertising in appropriate publications subcontractin o ortuniti
publications) g PP es. (Name and date of
NAME DATE
/ /
/ /
3} Providing written notice to a reasonable number of DBEs seekin
O g their interest. in subcontracting opportunities being made available by the Contractor: Sam le letter attac
C P hed}
4) Following up of initial solicitations of interest: (Names, type, result.
5} Selecting portions of the work to be erformed by DBE s
p (Include S value}
M~~- ~
~M~~~
6) Providing interested DBE(s) with adequate information:
Page 15-3~
February 1,1998
PS-lI
a
Y
EXHIBIT 15-H Local Assistance Procedures Manual Good Falth Effort Statement of D$E Participation
1) Negotiating good faith with interested DBE(s): value of DBE Bids and one taken
8) Making efforts to assist interested DBE(s) in obtaining bonding, lines of credit or insurance
and
9) Effectively using the services of available minorit communit or ani '
Y y g nations, minority contractors' groups, local, State and Federal Minority lsusiness Assistance in the recruitment
and placement of DBE(s): (Name, date of contact, information provided)
Signature, local agency DBE Liaison Officer
Dis~ibution for NHS projects: (1) Onbinal-Caltrans DLAE, (2) Copy -Local Abcncy Project Filc
Disaibution for non-N'HS projxts: (1) Oribinal - Local Abency Project File
Page l~-3b ,
February 1,1998
PS-12
Local Assistance Procedures Nianual
PS&E Checklist Instructions EXHIBIT 11•E
Attachment C
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORT
PROPOSAL SHALL ALSO CONSTIT ION OF THIS UTE AN ENDORSEMENT AND EXECUTION OF
THOSE CERTIFIC,4TIONS WHICHARE A PART OF THIS P ROPOSAL)
EQUAL EMPLOYMENT OPPORTUN iTY CERTIFICATION
The bidder
,proposed subcontractor
hereby certifies that he
has has not,, participated in a previous contract or sub ' contract subject to the equal opportunity
clauses, as required by Executive Orders ! 0925,11114, or 1124b a nd that, where .required, he has filed with
the Joint Reporting Committee, the Director of the Office of Fe
deral Contract Compliance, a Federal Government contracting or administering agency, or the former
_ . President s Committee on Equal Employment Opportunity, all reports due under the a licable fill' '
PP ing requirements.
Note: The above certification is required by the E ual Fm to Secretary of Labor 41 CFR 60- q P yment Opportunity Regulations of the
( 1.7(b} t 1 and must be submitted by bidders and ro osed subcontractors only in .connection vvtth contracts and subcontrac .p P
opportunity clause. Contracts ands is which are subject to the equal ubcontracts which are exempt from the equal opportunit clause
are set forth in 41 CFR 60-l.~. (Generally only contracts or subcontra y
exempt.} cts of ~ 10,000 or under are
Currently, Standard Form 100 (EEO.1) is the only re ort re wired
implementing regulations. P q by the Executive Orders or their
Proposed prime contractors and subcontractors who have artici ate ' subcontract subject to the Executive Or P P d in a previous contract or
ders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontra
submits a report covering the Jelin went eri cts unless such contractor
Administration q P od or such other period specified by the. Federal Hi hwa or by the Director, Office of Federal Contract Com fiance L.S. D g y
Labor. P ~ epartment of
12-~-R9
Page 12-17
February 1,1998 PS-13
Local Assistance Procedures Manual EXHIBIT 11- PS&E Checklist Instructions E
Attachment F
NONLOBBYING CERTIFICAT I4N
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or ro osal to the best '
knowledge and belief, that: P P ~ of hls or her
(1) No Federal appropriated funds have been paid or will be paid, b or on behalf of the u ' any person for influencin or attem tint Y ndersigned, to
g p g o influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an em to ee of a Member of
Congress in connection with the awardin of an Feder P Y
the makin g Y al contract, the making of any Federal .grant, ,g of any Federal loan, the entering into of any cooperative agreement, and the extension
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2} If any funds other than Federal appropriated funds have been paid or will be aid to an er
influencing or attemptin to influence an officer P Y P son for g _ or employee of any Federal agency, a Member of
Congress, an officer or .employee of Congress, or an employee of a Member of Con ess in connection with this Federal contract, grant, loan or coo erativ ~
~ p e agreement, the undersigned shall. complete and submit Standard Form LLL, Disclosure of Lobbying Activities, in accordance with
instructions. its
This certification is a material representation of fact upon which reliance was laced w ' was made or entered into. Submission of ~ P hen this transaction
• this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 3 1, U.S. Code. Any person who fails to file the re wired
certification shall be subject to a civil penalty of not less than S10 000 and n t q
each such failure.. ~ o more than S 100,000 for
The prospective participant also agrees by submitting his ~~r her bid or proposal that he or she shall re wire
that the language of this certification be included in all io~wer tier subcontracts w ' q
that all such subreci Tents sh ~ ~ hick exceed ~ 100,000 and p all certify and disclose accordingly.
12.4-R9
Page 12-83
February 1,1998
PS-14
EXHIBIT 12•E Local Assistance Procedures Manual
Attachment G ~ PS&E Checklist instructions
INSTRUCTIONS FOR CO1~iPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material than a to revious Jilin
pursuant to title 3 l U.S.C. Section 1352. The Ellin of a form is r 8 p g g equired for such payment or agreement to
make payment to lobbying eutity for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress an officer or em Io ee of Con ess or an em to y P Y gr p yee 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 al! items that apply for both the initial filing and material char e
re ort. Refer to the im lementin g P p g guidance published by the Office of Management and Budget for
additional lnformatioa.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action. ~ ,
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a
matenal change to the information previously reported, enter. the year and quarter in which the
change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional
District if known. Check the appropriate classification of the reporting entity that designates if it is
or expects to be a pnme or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "subawardee" then enter the full name, address,
city, State and zip code of the prime Federal recipient. include Congressional District, if known.
b. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) .number for grants, cooperative
agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, ant
announcement number, the contract grant. or loan award number, the applicationlproposal control
number assigned by the Federal agency}. Include prefixe 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 awardiloan comritments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbyin enti en aged b the
. g tY g b Y reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individuals}performing services and include full address if different
from 10 (a}, Enter Last Name, First Iv'ame and Middle Initial (Ml}.
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity
(item 4) to the lobbying entity (item 10}. Indicate whether the payment has been made (actual) or
will be made (planned). Check all boxes that apply. If this is a material change report, enter the
cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check ail 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, specify nature.
Page 12.86
February 1,1998
PS-15
Local Assistance Procedures Manual EXHIBIT 1Z- PS&E Checklist Instructions E
Attachment G
14. Provide a specific and detailed description of the services that the lobb ist has erfor'med or wi
expected to perform and the dates of an serv' y P 11 be y ices rendered. Include all preparatory and related
acts ity not Just time spent in actual contact with Federal officals. Identify the Federal officers or
employee(s) contacted or the officer s) em to ee 's r ~ ~ ( p y o Member(s) of Congress that were contacted. 15. Check whether or not a coatinuation sheet(s) is attached.
16. The certifying ofFcial shall sign and date the form, print his/her name title and tele hone num
P ber.
Public reporting burden for this collection of information is estimated to avers a 30 minutes er re including time for reviewing instruction, searchin existin d t g P spouse,
g g a a sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments re ardin the ~ -
estimate or any other as ect of this collection of inform t' g g burden P a ion, including suggestioas for reducing this burden,
to the Office of Management and Budget, Paperwork Reduction Pro ect 0348-0046 VII '
20503. J ( ashington, D.C. SF LLL iastructiony Rev. 06-0~-90aENDtFn
Page 1Z-87
Februar~• 1,1998
PS-16
Local Assistance Procedures Manual EXHIBIT 11•E
PS&E Checklist Instructions Attachment G
DISCLOSURE OF LOBBYING ACTIVITIES
Com late this form to disclose lobb in activities ursuant to 31 U.S.C.135Z
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. b~loftertappUca~on a. initial b. ~ b. initial award b. material d>I
d. ~ agreement c. post•award ~
For Material Change Only; f. toarr iraur~ance year quarter
date of last report
4. Name and Adress of Reporting Entity: 5. if Reporting Entity in No. 4 is Subawardee. Enter
❑ Prime ❑Subawardee Name and Address of Prime: Tier ,ifknown
Congressional District~kr~vn: Congressional Districtf krawn.•
6. Federal DepartmentlAgency: 7. Federa! Program NamelDescription:
CFDA Number, inapplicable
8. Federal Action Numbedknown: 9. Award Amount~kn~tm:
10. a. Name and Address of lobbying Entity b. Individuals Performing Servic~cludingaddressif ~f individual, last name, first name, MI).' different /rom No. 10a)
(last name, first name, MI):
(attach Continua~on Sheet(s) if necessa )
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply)
❑ actual ❑ planned
a. retainer 12. Form of Payment (check all that apply): b. one-time fee
a. cash c. comm,sslon
b. in-kind; specify: nature d. contingent fee
value e. deferred f. other, specify:
14. Brief Description of Services Performed or to be performed and Date(s) of Service, includin officer(s),
employee(s), or member(s) contacted, for Payment indicated in Item 11: g
(attach Continuation Sheet(s) ifnecessary) 15. Continuation Sheet(s) attached: (des ❑ No
16. Infatuation requested ttuough this form ~ au~orized by rye 31 U.S.C. section Signature:
1352. Thy discbwre of lobbying activities a a material representation offact
upon which re~ance was placed by the her above when this transaaan was Print Name: made a entaed into. Thy disclosure ~ required pursuant to 31 U.S.C. 1352.
Tha irfamatan w~ be reported to the Congress semi•annualy and w~ be Title: ava~abie far pubk ir~pecoon. Any person who fad m fie ~e requ~ed dis~dosure ~
shah be subject to a avi penalty of not less dran 510,000 and na mae than Tele hone No.: Date: 5100,000 for each such faik,re. p
Federal Use On : Authorized for local Reproduaion Standard Form • 111
Standard Fam 111 Rev. 01.03.95
Page ! Z-85
February 1,1998
PS-17
AGREEMENT N0.
CONSTRUCTION PROJECTS AGREEMENT
THIS AGREEMENT is made and entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, ("CITY" herein) and
(a Calif nmia Cnrpnratinn, Hawaii Cnrpnratinn, Delaware Cnrpnratinn, Individual, efc.) ("CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and
WHEREAS, CITY desires to employ CONTRACTOR to
("Project" herein), asset forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as
follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in general,
of ("Project" herein) .
The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not.
The following shall be deemed to be part of this Agreement as if fully set forth herein:
A. Notice to Contractors
B. Special Provisions
C. Bid Proposal
D. Bidder's Bond
E. Performance Bond
F. Material -and Labor Bond
G. Letters of transmittal, if any
H. All provisions required by law to be .inserted in this contract whether actually inserted or not.
Current State of California DAS 140 Form (if required by Specifications)
2. COMPENSATION. Compensation for all work, services or products called for under,this Agreement shall consist of a total payment of Dollars which shall be 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 a ments to pY
CONTRACTOR by CITY. The ten percent (10%) retention required by the Bakersfield Municipal Code shall be released
after the appropriate statutes have expired and all liens and stop payment notices have been cleared.
S-1
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project.
4. NO WAIVER OF DEFAULT. The failure of any party to enforce against 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.
5. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to
practice its profession.
6. STANDARD OF PERFORMANCE. All work shall be performed inconformity with all legal requirements
and industry standards observed by a competent practitioner of the profession in California.
7. MERGER AND MODIFICATION. 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 City council and signed by all the parties.
8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall
prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or
-not actually attached.
9. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all
of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out. of this Agreement all
Municipal ordinances and State and Federal statutes, rules or regulations, 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.
10. 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.
11. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, ,the
CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein:
11.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than
One Million Dollars ($1,000,000) per occurrence; and the policy shall:
11.1.1 Provide coverage for owned, non-owned and hired autos.
11.1.2 Provide contractual liability coverage for the terms of this Agreement.
S-2
11.Z Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits
of not less than One Million Dollars ($1,000,000} per occurrence; and the policy shall:
11.2.1 Provide contractual liability coverage for the terms of this Agreement.
11.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers.
11.3 Workers' compensation insurance with statutory limits and employer's liability insurance with
limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees and
volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents,
employees, or volunteers and any insurance orself-insurance maintained by the CITY, its mayor, council, officers,
agents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
Insurance is to be placed with insurers with a .Bests' rating of no less than A:VII. 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:VI I, must be declared prior to execution of this Agreement and approved by the CITY in writing.
All policies shall contain an endorsement providing the CITY with thirty (30}days written notice of cancellation or material
change in .policy language or terms. All policies shall provide that there shall be continuing liability thereon,
notwithstanding any recovery on any policy.
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is
satisfactorily completed as evidenced by written acceptance by the CITY.
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements
evidencing the insurance 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.
Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein
shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the
polices of insurance.
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.
Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic
insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has
approved lesser insurance requirements for CONTRACTOR.
CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY.
. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project.
12. INDEMNITY. CONTRACTOR shall. indemnify, defend, and hold harmless 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 as limited by California Civil Code section 2782 or CITY's sole active negligence or
willful misconduct.
S-3
13. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the
project herein, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY
because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project herein amounts sufficient to cover costs and fees, including
without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating
thereto.
14. 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.
15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served
or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersffeld, California 93301
(661 j 326-3724
CONTRACTOR:
16. FO1'UM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract
shall be instituted it Kern County, California.
17. ASSIGNMENT. Neitherthis 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.
18. BINDING .EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be
binding .upon, the .parties to the contract and their heirs, administrators, executors, personal representatives, successors
and assigns, and whenever the context so 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.
19. 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.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written
documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall
be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of
the final payment hereunder, and said records shall be made available to CITY representatives upon request at anytime
during regular business hours.
S-4
21. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and
warrant that the are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each Y and all of the obligations set forth in this Agreement.
2Z. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation? Yes,_._. No_
(Please check one.)
23. NON-INTEREST. No officer or employee of the CITY shall hold 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~
By'
BOB PRICE
Mayor Title:
.APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
~~By:
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By:
GREGORY KLIMKO '
Finance Director
S-5
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the
"Owner," has on Hate of Award , 19_, awarded to .Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter
desi ated as the "Principal," a contract for Project Name ;and
W HEREAS, said Principal is required under the terms of said contract; and
NOW THEREFORE, WE, the Principal, and Leave Blank for Bondinga Company,_._, as Surety, are held and firmly bound
unto the Owner in the sum of _ 100% of Amount Awarded at Council Meeting nollars ,lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and, severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors,
administrators, .successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants,
conditions, and agreements in the said contract and any alterations made as therein provided, on lis 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.
Asa .condition recedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a
P .period of one. (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its
heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally
protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and
.resulting from or caused by defective materials andlor faulty workmanship u1 the prosecution of the work done, the above obligation in the
~~nid amount shall remain in full force and effect. However, anything u1 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, ul any way, affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to
the work or o the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Asa art of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable p
expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of
,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative, pursuant to authority of its governing body.
(Seal}
Principal
Signature for Principal, Title
(Seal}
Surety
Surety Address & Telephone No.
Signature for Surety, Title(Attach notarization form for each required signature)
S-6
MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter
designated the "Owner," has, on Date of Council Meeting_„_,19 , awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter
designated as the "Principal," a contract for Proiect Name ;and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any
of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the
performance of the work contracted to be done, or for any work or labor done thereon of any king, the Surety of this bond will pay the
same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bondin~_ Compan~_, as Surety, are held and firmly
bound unto the Owner the penal sum of One hundred percent (100%) of the total amount payable by the terms of the contract when
the total amount payable does not equal or exceed five million dollars ($5,000,000); Fifty percent (50%} of the total amount payable
by the terms of the contract when the total amount payable is not less than five million dollars and does not exceed ten million dollars
($10,000,000); Twenty-five percent (25%) of the total amount payable by the terms of the contract when the total amount payable
exceeds ten million dollars ($10,000,000), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the- Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to
Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the
provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor ,
for which. a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power
use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or
labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil
:Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case
°suitbrought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court.
This bond. shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns
.:entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 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 Sections 2819 and 2845 of the Civil Code
of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of
19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its .governing body.
(Seal)
Principal
Signature for Principal, Title
(Seal)
Surety
Surety Address & Telephone. No.
Signature for Surety, Title
(Attach notarization form for each required signature)
S-7
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(To be completed by the Contractor, if he elects to substitute securities in lieu of retention)
THIS ESCROW AGREEMENT is made and entered into by and between:
whose address is
hereinafter called "Owner,"
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant'to Section 22200 of the Public Contract Code of the State of California, Contractor has the option to deposit securities
with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract
entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner
within ten (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 required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall
be held in the name. of ,and. shall designate the Contractor as the beneficial owner.
.The Owner shall make progress payments to .the Contractor for such funds which otherwise would be withheld from progress
payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specifted above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner
until such time as the escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be
for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to ~je Owner.
6. Contractor shall have the right to withdraw all or any part of .the principal in the Escrow Account only by written notice to
Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written
notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has
complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of
all moneys and securities on deposit and payments of fees and charges.
S-8
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6}, inclusive,
of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of
the .securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in
connection with the foregoing, and exemplars of their respective signatures, are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
Title
Name
;S~gnature
..Address
At the time -the Escrow Accol~nt is opened, the Omer and Contractor shall deliver to the Escrow .Agent a fully executed counterpart of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor:
Title Title
Name Name
Signature Signature
S-9
GUARANTEE
MATERIAL AND WORI~SHIP
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the. terms of the Contract for:
awarded on ~ ,between the City of Bakersfield (hereinafter referred to
as "City"), and the undersigned, which contract provides for ,and
other facilities and under which contract the undersigned has installed- such facilities, the following guarantee of the said facilities is
hereby made:
V~hen the project is completed and accepted, we guarantee the same to be free .from imperfect workmanship and/or materials,
and we agree to repairand/or replace at our own cost and expense, any and all such work, and/or materials which may prove
defective in workmanship or materials within a period of one (1) year from the date of acceptance of the above named
construction project, ordinary wear and tear or neglect excepted. VVe also agree to repairand/or replace, at our own cost and
expense, any work and/or materials that we may disturb or displace in making good such defects.
Within twenty-four (24) hours after being notified in writing by the. City or the City's representative, or the agent of either of
them, of any defects in said work or materials, we agree to .commence and prosecute with due diligence, all. work necessary to
fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the .event of our failure to so comply, we collectively and expressly do hereby authorize the Cityand/or the City's representative, or the agent of either
of them, to proceed to have such work done at our .expense and we will honor and pay the cost and charges therefor. upon
demand.
This guarantee is made expressly -for and tuns to the benefit of both the City of the above mentioned construction project and the City's
representative, and shall be enforceable by either of them.
Dated
Contractor's Name
Authorized Signature
S-10
GUARANTEE EQUIPMENT
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned,
which contract provides for ,and under which contract the
undersigned has furnished and installed such system, the following guarantee of the said system is hereby made:
Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to
faulty workTnanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as
planned, due to any of the above causes, all within one (1) year after date on which said contract is accepted by the City, the
undersigned agrees to reimburse the City, upon .demand, for its expenses incurred in restoring sii;said systems to the conditio
contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any
such equipment and repair said systems completely without cost to the City, so that they will .operate successfully as originally .contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the
undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned. agrees
that the. repairs shall commence to be made and such materials as .are necessary shall commence to be .furnished and installed within
twenty-four (24) .hours of the date specified in the City's written notiftcation. Contractor shall prosecute with due diligence to
complete the work within a reasonable period of time, as specified in the City's written notification. Contractor shall prosecute with
due diligence to complete the work within a reasonable period of time, as specifted in the City's written notiftcation.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally. intended
by the manufacturers thereof and in accordance with the plans and specifications included in said contract.
Dated
Contractor's Name
Authorized Signature
S-11
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:eonone airec:crv unaer Caufarn~a, State ct, ;naustrza~ ~eianons, for ,ne ~aS orfica in your area.
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Ch~~1~ One Cf TRe axes Eelo4v:
Eox t 'Ne request dis~aicn of aDOrentice~.s~ .or this boo. '~Ve voiuntaniy c^eose to comcty witn ►he acccicaofe ~c~nt
~oorent~cesnio Corrtrnittee Scanaares ;or ►he~ ouratton ct this ico cn~y, in training the acorenacels). ','Je
assume no other ccircaUOns to cr►e cc^^m~ttee or unrcns under State or Feaerai laws.
?ox 2 _ 'Ne recuest dispatch of aoorenticets) for .this joo. We do not wisp to follow ~ the aco~icaoie ~o~nt
~oorenticesnio Commrttee Scanaares in training ttte aoorentcces: insteac, we agree to emcioy ana ,racn accrenacec.s) in acccraance wim the Califomla Aoprentlcesrtio C ;until re4uiations governrna amcioyment ci
aOOrentlCeS On OuDiiC wont proiecs. We assume no other ooligations to the committee cr uncons uncer
State or Fedetai laws.
Sox 3 ' We are already aeoroved to ttarn aCOrentices oy the aooticaDie point Aoorentrcesnio Com ~,ct;ze and we will
employ and gain unaer the Stanoaras.
Sax 4 f - 'ale oo not request the ~isoatc7 of acorenticels) since aoorentices are not recurred on this ;co under tre provisions of Caiifom~a Laoor C~ce Section 11 ~7.~, Because: .
S;onature r
i viceo Name
i itle mare
State of California Oeoartment of Inoustr~ai AelBuans
~~S ;so ~,tiow ~,40~ DIVISION C~ aPPgEyT1CEShIP S i ~NOaROS
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