HomeMy WebLinkAbout1990 Special Provisions Project 51010O~PY N0.
CITY OF BAKERSFTELD
CALI SRN IA
NOTICE TO OONTRACTnRS
SPECIAL P~JVISIONS
BID PROPOSAL AND OONTRACT
FOR
INSTALLATION OF HIY LIC~f~iTING SYSTEM C~1 STATE HWY. 178
§ § AT Ni0I~1ING DRIVE § §
~
BID OPF~IING: IaATE JULY 26, 1990
~ TIME 2:00 P.M.
PI~JJECT N0. 51010
CHESS! Q~ q
~0 ~ l ~ Q~
~w ~ti ~ ~ ~ ~
m DEPAI~TMF~~1T OF PUHLI C ARKS . 23~ ~
CITY OF ~~KERSFIELD
1501 TRUXTUN AVENUE XP. ' ~
BAi~~RSFIELD, CA 93301
Telephone: ~ 805) 326-3724 C 1111 ~
0~ CA~-1~
4
D21:51010
CITY OF ~~KERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
Ey SEALED PROPOSALS will be received by the City of Bakersfield at the Office of
the Purc'asing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California,
~~ntil 2:00 o'clock P.M. on JULY 26, 1990 to be publicly opened and read
immediately thereafter, for the following work:
INSTALLATION OF HI~Y LIGI:~TING SYS^CEM ON STATE HWY. 178 AT MORNING DRIVE.
Plans and specifications, and forms of proposal, bonds, and contract, may be
obtained at the office of the Purchasing Officer by posting a refundable deposit of
ZERO ~ ($0.00) for each complete set. Refund of deposit will be
made provided the plans and specifications are returned to the Purchasing Officer
within ten X10) days from date. of bid opening and the documents are in reasonable
good condition.
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
~.~nder Section 2, "Proposal Requirements and Conditions" of the Standard
Specifications. Each bid must be accompanied by a proposal guarantee in accordance
with the requirements of article 2-1,07 of the said Section 2 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 Government Code 4590.
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 agreen~nt for Security Deposits in Lieu of
Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or Class C-l0 Contractor's
License at the time this contract is awarded.
The work contemplated shall be done in accordance with the Standard .M Specifications of the Department of Transportation, Business and Transportation
Agency, dated January, 1988, 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.
D21:51010.1 -1- RR:wrn
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed
cover and shall be accompanied by a Proposal Guaranty made payable to the City of
Bakersfield, far an amount equal to at least ten percent (100) of the amount of
said bid, and no bid shall be considered unless Ouch Proposal Guaranty is
enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the
bidder proposes to subcontract portions of the work in the amount of 1/2 of one
percent of his total bid or $10,000, whichever is greater, in accordance with the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of
the Public Contract Code. The bidder's attention is invited to other provisions
of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized
substitutions.
A sheet for listing the Subcontractors, as required herein, is included
in the Proposal.
Bidders are cautioned that this listing requirement is in addition to
the requirement to provide a list of DBE Subcontractors after the opening of the
proposals for projects utilizing Federal funds.
2-1.08 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 t. 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.
2-1.09 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 request
for the withdrawal of the bid filed with the Purchasing ,Department. The request
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.
~~hether 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.
2-1.10 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-l.ll 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 5 days after the opening of the bids of the alleged mistake, specifying ~.n
the notice in detail how the mistake occurred.
D21:51010.5 -5-
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985
provides as follows:
Any state agency may suspend, for a period of up to three years from
the date of conviction, any person from bidding upon, or being awarded,
t, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that
person, or any partner, member, officer, director, responsible managing
officer, or responsible managing employee thereof, has been convicted
by a court of competent jurisdiction of any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or
federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the
purposes of this article, the Regents of the University of California
or the Trustees of the California State University. A state agency may
determine the eligibility of any person to enter into a contract under
this article by requiring the person to submit a statement under
penalty of perjury declaring that neither the person nor any
subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three
years.
A form for the statement required by Section 10285.1 is included in the
proposal.
2-1,12 DISQUALIFICATION OF BIDDERS. More than one proposal from an
individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.. Reasonable grounds for believing
that~any individual, firm, partnership, corporation or combination thereof is
interested in more than one proposal for the work contemplated may cause the
rejection of all proposals in which such individual, firm, partnership, corporation
or combination.. thereof is interested. If there is reason for believing that
collusion exists among the bidders any or all proposals may be rejected,
Proposals in which the prices obviously are unbalanced may be rejected.
D21:51010.6 -6-
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be
to the lowest responsible bidder. The language "responsible" refers to not only
_ the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 ACRD OF CONTRACT. The award of the contract, if it be
awarded, will be made within forty-five (45) days after the opening of the
proposals unless extension is approved by the lowest responsible bidder.
3-1.03 CONTRACT BOND6. The Contractor shall furnish two good and
sufficient bonds. one of the said bonds shall guarantee the faithful
performance of the said contract by the Contractor and shall be in an amount
equal to one hundred percent (100) of the contract price. The other of the
said bonds shall be in an amount of fifty percent (50~) of the contract price
and shall guarantee payment to laborers, mechanics and material workers employed
on the job under the contract and shall be in the amount and satisfy the
:requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds
required by law for the protection of the claims of laborers and material men,
become insufficient, or the City has cause to believe that such surety or
sureties have become insufficient, a demand in writing may be made of the
Contractor for such further bond or bonds or additional surety,, not exceeding
that on inall re fired, as is considered necessary, considering the extent of g ,y, ~ the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor until such further
bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the
successful bidder and returned, together with the contract bonds within ten {10)
da s not including Sundays, after the bidder has received notice that the y ~ idered bindin u n the contract has been awarded. No proposal shall be cons g po
Cit until the execution of the contract. All contracts shall be considered as y
being made and entered into in the City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided
herein within ten (10} days, not including Sundays, after the bidder has
received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the
award of the contract, the City of Bakersfield will return any monies or form
for deposit of money that are not to be considered in making the award. All
other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose
proposals they accompany.
D21:51010.7 -7- RR:wrn
SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section
8, Article 8-1..03, "Beginning of work," Article 8-1.06, "Time of Completion" and
Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of ~1ork," of the
Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days
after receiving written notice the contract has been approved by the City Council if necessary and to proceed. The
Contractor shall diligently prosecute the same to completion
before the expiration of 15 working days.
Contract working days will commence from the date the
Contractor begins work or the 15th calendar day from the date
of the written notice to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $ 200.00
per day for each and every calendar day's delay in finishing the work in excess
of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph
shall be considered as included in the prices paid far the various items of work
and no additional allowance will be made therefor.
The Contractor shall furnish the Engineer with a statement from
the vendor that the order for the electrical materials required for this
contract has been received and accepted by said vendor, and said statement
shall be furnished within fifteen (15) calendar days from the date of the
contract. Said statement shall show the date or dates the electrical
materials will be shipped,
No work. shall begin on the project without prior written approval
of the Engineer until all components necessary for operation of the signal
system are on ,hand. The. Contractor will be granted an extension of time and
will not be assessed with liquidated damages or the cost of engineering and
inspection for any portion of the delay in completion of the work caused by
manufacturing time should approval be given to begin prior to delivery of all signal .system components. The number of days extension shall be the.
working days between the date as determined according to Special Provisions,
Article 4-1.01, and the date of receipt of all components as determined by
the Engineer. Upon receipt of all components, the Contractor shall notify
the Engineer in writing and the Engineer will order start of work in
writing.
D21:51010.8 -8- RR:wrn
SECTION 5. GENERAL
5-1.01 STATE CON'CRACT ACT NOT APPLICABLE, Sections 1-1.40, "State
Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are
deleted. This contract is not governed by the provisions of the State Contract
Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the
City to proceed under Section 20396 of the Public Contract Code. In the event
that a dispute arises between the parties, they are not obligated to submit the
matter to arbitration in any form (although they may do so upon written
agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases in work totaling more than ten percent (10~) of the contract amount shall be processed as a change
order subject to approval by the City.
5-1.03 CO1~L OF WOORK. Control of work shall conform to the
rovisions in Section 5, "CONTROL OF WORK," of the Standard Specifications p
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard
Specifications is amended by adding the following paragraph after the fourth
paragraph
Working drawings or plans for any structure not included in the-plans
furnished by the Engineer shall be approved by the Engineer before any
work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
Section 5-1.0? "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph;
.Three consecutive points shown on the same rate of slope must be
used in common, in order to detect any variation from a straight grade,
and 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 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.
D21:51010.9 ~ -9- RR:wrn
5-1.04 PR~~VAILING WAGES. Pursuant to Chapter 1 of Part 7 of
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 day's work and forty hours' labor shall be a week's 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
~1 kept open at all reasonable hours for inspection pursuant to Section 1812 of the
Labor Code. The Contractor and all Subcontractors shall pay not less than the
general prevailing rate of per diem wages and the general prevailing rate far
holiday and overtime to all workers employed in the construction of this project.
The prevailing rate for each craft, classification or type of work is determined
by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the
Public Works Department. The schedule is incorporated herein by this reference.
The City shall have the right to inspect payroll records during normal working
hours and shall have the right to question workers at any time concerning the
wages being paid. Contractor shall not interfere in any way with the City's
right to investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each
calendar day or portion thereof:
a. TWENTY-FIVE DOLIC,ARS ($25) pursuant to Section 1775 of the Labor,
Code, per worker paid less than the amount to which he is entitled
under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLI~~RS ($25) pursuant to Section 1813 of the Labor
Code, per worker required to work more than eight (8) hours per
day or more-than forty (40) hours per week, except as provided in
Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORD6. The fourth paragraph in Section 7-1.OlA(3),
"Payroll Records," of the Standard Specifications is deleted and shall not apply
to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section
7-l.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these
special provisions.
Attention is also directed to the requirements of the California Fair
Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to
implement said Act, and to the nondiscrimination, affirmative action and equal
employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES, The Contractor's attention is directed to Article ,
7-1.OlA(5), "Apprentices," of the Standard Specifications. All Contractors and
Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
D21:51010.10 -10- RR:wrn
If the Contractor does not have a union contract which provides for
apprentices, the Contractor and all Subcontractors shall submit one of the
. _ following:
1, A copy of a "Request for an Application for a Certificate of Approval to Employ and Train Apprentices on Public Works," This
request shall be submitted to the local Department of Industrial
Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or Form PW 1,
enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the
local Department of Industrial Relations, Division of Apprenticeship Standards,
3. Proof of a Collective Bargaining Agreement with the Joint
Apprenticeship ComQnittee providing for apprentices.
One of the above shall be submitted by the low bidder to the City of
Bakersfield Purchasing Division, within two (2~ working days following the bid opening.
5-1.08 TRENCH SAFETY. The Contractor shall comply ,with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as
follows:
.v If the contract price for the project includes an expenditure in
excess of TWENTY-FIVE THOUSAND DOLIGARS ($25,000) for excavation of any
trench or trenches five feet or more in depth, the Contractor or his
Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the City Engineer and
the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the
Construction Safety Orders of the Division of Industrial Safety, the plan shall be
prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring,
sloping, or protective system less effective than that required by the
Construction Safety Orders of the Division of Industrial Safety.
.Nothing in this section shall be construed to impose tort liability on
the awarding body or any of its employees.
The terms "Public Works" and "Awarding Body," as used in this section,
shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively,
5-1.09 SOUND C01V'TROL REQUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard
Specifications and these special provisions.
D21:51010.11 -11-
The noise level from the Contractor's operations, between the hours of
9:00 P.M. and 6:00 A.M_., shall not exceed 86 dbA at a distance of 50 feet. This
requirement in no way relieves the Contractor from responsibility for complying
with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or
related to the job, including but not limited to trucks, transit mixers or
transient equipment that may or may not be owned by the Contractor. The use of
loud sound signals shall be avoided in favor of light warnings except those
required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items
of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits
and licenses, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work from any and all
governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING Ham. Contractor shall limit his field working hours
from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and
directed to the Construction Engineer at the Pre-Job Conference. Written
approval from the Construction Engineer is required for work beyond these limits.
Any time work proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully
informed of all existing and future State and National laws and all municipal
ordinances and regulations of the City of Bakersfield which in any manner affect
those. engaged or employed in the work, or the materials used in the work, or
which in any way affect the. conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the
same.
5-1.13 CONTRACTOR'S INSU]~ANCE. The Contractor shall not commence work
under this contract until he has obtained all insurance required under this
section and the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work an his subcontract until said
certificates of insurance have been filed and approved by the City Risk Manager
and the Public Works Department. Contractor shall be responsible for any
deductibles under all required insurance policies.
5-1.13A HOLD H~~RMLESS. The Contractor shall save, hold harmless and
indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or
equity that may at any time arise from or related to any work performed
by the Contractor, his agents, employees or subcontractors under the
terms of this agreement and shall execute and return with the executed
contract documents and bonds the "Hold Harmless Agreement," a copy of
which is attached hereto.
D21:51010.12 -12-
5-1.13B INSURANCE. In addition to any other form of insurance or bond
required under the terms of this agreement and specifications, the
Contractor shall procure and maintain for the duration of this
agreement the following types and limits of insurance:
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 ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned,
non-owned and hired autos.
neral liabilit insurance, providing coverage on an occurrence basis Ge , y
for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than one million
($1,000,000) per occurrence,
The liability policies shall provide contractual liability coverage for
the terms of this agreement.
The liability policies shall contain an additional insured endorsement
in favor of the City, its mayor, council, officers, agents, employees
and volunteers;
wor ers' c nsation with statuto limits and a to er's liabilit
insurance with limits of not less than one million ($1,000,000) per accident.
The .workers' compensation policy shall contain a waiver of subrogation
endorsement in favor of the City, its mayor, council, officers, agents,
employees and volunteers.
All licies re fired of the Contractor hereunder shall be primary ~ ~
insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance~or self-insurance maintained
by the City, its mayor, council, officers, agents, employees and
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written
notice of cancellation or material change in policy language or
terms,
If any part of the work under this agreement is sublet., similar
insurance shall be provided by or on behalf of the subcontractors
to cover their operations.
The insurance required under this agreement shall be,maintained
until all work required to be performed under the terms of this
agreement is satisfactorily completed as evidenced by formal
. acceptance by the City.
D21:51010.13 -13- RR:wrn
All costs of insurance required under this agreement shall be
included in the Contractor's bid, and no additional allowance will
be made for additional costs which may be required by extension of
the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the
Contractor shall provide the City with the foreman's or superintendent's name who
will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL wAVE OR F~~RTHQUAKE. Section
7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and
included in these specifications that is located in the public streets in the City
of Bakersfield shall be done in accordance with City Ordinance regulating the use
of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of
Bakersfield and shall conduct his operations in compliance therewith.
A 5-1.17 RIGHT OF WAY. The right of way for the work to be constructed
will be provided by the City. The Contractor shall make his own arrangements,
and pay all expenses for additional area required by hirn outside of the limits of d right of way unless otherwise provided in the special provisions.
5-1.1$ SUSPENSION OF CONTRACT. If at any time in the opinion of the
City Council, the Contractor has violated any terms of this contract, failed to
supply an adequate working force, or material of proper quality, or has failed in
any other respect to prosecute the work with the diligence and force specified
and intended in and by the terms of the contract, notice thereof in writing will
be served. upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within
the time specified in such notice, the City Council in any such case shall have
the power to suspend the operation of the contract. Upon receiving notice of
such suspension, the Contractor shall discontinue said work, or such parts of it
as the City Council may designate. Upon such suspension, the Contractor's
control shall. terminate, and thereupon the City Council, or its duly authorized
representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and
purchase the materials contracted for, in such manner as the Engineer may deem
proper; or the City Council may annul and cancel the contract and re-let the work
or any part thereof. Any excess of cost arising therefrom over and above the
contract price will be charged against the Contractor and his sureties, who will
be liable therefor. In the event of such suspension, all money due the
Contractor or retained under the terms of this contract shall be forfeited to the
D21:51010.14 ~ -14- ~:~'n
l
City; but such forefeiture will not release the contractor or his sureties from
liability or failure to fulfill the contract. The Contractor and his sureties
m will be credited with the amount of money so forfeited toward any excess of cost
over and above the contract price, arising from the suspension of the operations
of the contract and the completion of the work by the City as above provided, and
the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such
non-compliance with the contract as to warrant the suspension or annulment
thereof, the decision of the City Council shall be binding on all parties to the
contract.
5-1.19 TEMPORARY SUSPENSION OF W1~RK. The Engineer shall have the
authority to suspend the work wholly or in part, for such period as he may deem
necessary, due to unsuitable weather, or to such other conditions as are
considered unfavorable for the suitable prosecution of the work, or for such time
as he may deem necessary, due to the failure on the part of the Contractor to
carry out orders given,~or to perform any provisions of the work. The Contractor
shall immediately obey such order of the Engineer and shall not resume the work
until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial
Payments, " and 9-1.07, "Payment After Acceptance, " of the Standard Specifications
and these special provisions.
No partial payment will be made for any materials on hand which are
furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and
requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard
Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered
facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to
causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing
of claims;
c. Failure of Contractor to make payment due for materials and/or
labor;
d. Information causing reasonable doubt that the contract can be
completed for any unpaid balance;
e, Damages to another Contractor; and
f. Breach of any terms of this contract.
when any and all such causes are removed, certificates shall be issued
for amount withheld.
D21:51010.15 -15- RR:wrn
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of
.the Standard Specifications is amended to read:
_ The Director will make the final determination of any claims which
remain in dispute after completion of claim review. Aboard or person
designated by said Director will review such claims and make written
recommendation thereon,
The City Engineer shall, after the completion of the contract, make a
final estimate of the amount of work done thereunder, and the value of such work,
and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be
retained under the provisions of the contract. All prior partial estimates and
payments shall be subject to correction in the final estimate and payment. The
final payment shall not be due and payable until the expiration of thirty (30}
days from the date the "NOTICE OF COMPLETION" is recorded at the~County
Recorder's Office and after execution and return by the Contractor of the
attached GUAIRANTEE 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
y 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 a defective work or improper materials.
And 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 or any alteration thereof.
5-1.22 INCRi~ASED OR DEC]~ASED QUANTITIES. The word "compensation" in
the following paragraphs of the Standard Specifications is replaced with the
words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.08, "PAYMENT".
Second paragraph of Section 36-1.07, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held
responsible for his workers and subcontractor's well-being and their education of
handling hazardous materials when hazardous materials are encountered during this
project.
D21:51010.16 -16- RR:wrn
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL, Control of materials shall conform to the provisions
in Section 6, "Control of Materials," of the Standard Specifications and these
special provisions.
At the option of the Engineer, the source of supply of each of the
materials shall be approved by the Engineer before delivery is started and
before such material is used in the work. Representative preliminary samples of
the character and quality prescribed shall be submitted by the contractor or
producer of all materials to be used in the work, for testing or examination as
desired by the Engineer.
All tests of materials furnished by the contractor shall be made in
accordance with comanonly recognized standards of national organizations, and
such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any
borrow or disposal sites. used by the Contractor to produce or dispose of 'material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution,
and sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be ,3 graded and treated so that, at the time of final inspection of the contract.,
they will drain, will blend with surrounding terrain, and will have a potential
as a source of blowing dust or other pollution which is no greater than when in
their original condition.
If the Contractor obtains necessary permits for borrow, disposal or
material sites from the authority having jurisdiction or from the appropriate
pollution control boards and such permits contain requirements which conflict
with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of
this section provided the permit requirements have been approved by the
Engineer.
Full compensation for complying with the requirements for borrow,
disposal and material sites in this section shall be considered as included in
the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the
Engineer may permit the use of certain materials or assemblies, prior to
sampling and testing, if accompanied by a Certificate of Compliance.
D21:51010.17 -17- RR:wrn
SECTION 7. CONSTRUCTION DETAILS
~ SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these
special provisions.
7-1.02 RELATIONS WITH THE STATE OF CALIFORNIA. The City has been
issued a permit for work within the State Highway right of way. However, prior
to beginning work, the Contractor shall obtain a permit in the Contractor's
name. Any subcontractors which will do work within State Highway right-of-way
must be listed on the contractor's permit or they will be required to obtain their own permit. The Contractor shall comply with all the provisions of said
permit.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for the various items, of work
and no additional compensation will be allowed therefor.
7-1.03 OBSTRUCTIONS. Attention is directed to Section 8-1.10,
"Utility and Non-Highway Facilities," of the Standard Specifications, the plans,
.and the- special provisions.
The Contractor will be required to work around public utility facilities
and other improvements that are to remain in place within-the construction area
or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1.11, "Preservation of Property,"
and ?-1.12, "Responsibility far Damage," of the Standard Specifications, the
Contractor will be liable to owners of such facilities and improvements for any
damage or interference with service resulting from conducting his operations..
The exact location of underground facilities and improvements within the
construction area shall be ascertained by the Contractor before using equipment
that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such
forces and conduct his operations in such a manner as to avoid any unnecessary
delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the
utility is shown or correctly located on the plans will not be compensated for
as idle time. However, additional contract time conunensurate with such delays may be allowed,
At locations where irrigation systems exist, the Engineer will direct
the Contractor as to what steps will be required to protect the irrigation
system and the area it serves. The Contractor shall replace the irrigation
system as directed by the Engineer.
Existing land subdivision monuments and stakes shall be fully protected
from damage or displacement and they shall not be disturbed unless directed by
the Engineer.
n~1~~1n~n.1~ -18- RR:wrn
rr+. ~ v+~.~+~
Attention is directed to the fact that nuisance water may be present at
all times along the project. It will be the responsibility of the Contractor to
provide for handling of said water and any expense involved shall be considered
as included in the prices paid for the various items of work and no additional
allowance will be made therefor.
Except in the case of extra work, full compensation for conforming to
the requirements of this article shall be considered as included in the prices
paid for the various items of work and no additional compensation will be made
therefor.
7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and 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. J
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as
follows:
Construction operations shall be actively in progress only between the
hours of 8:30 AM to 4:00 PM, Monday through Friday. where construction
operations are actively in progress, a minimum of one traffic lane,
not less than twelve feet in width, shall be open for use by public traffic. where construction operations are not actively in progress,
not less than two such lanes shall be open for use by public traffic,
Public traffic may be permitted to use the shoulders and, if
half-width construction methods are used, may also be permitted to use
the side of the roadbed opposite to the one under construction. No
additional compensation will be allowed for any shaping of shoulders
necessary for the acco~m~nodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around
the work and where ordered by the Engineer, the Contractor shall, at
his own expense, furnish, install and maintain construction. area
signs, lights, flares, temporary railing Type K~, barricades, and
other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall
furnish competent flagmen whose sole duties shall consist of directing
the movement of public traffic through or around the work. when
deemed necessary by the City, the signs "Road Construction Ahead,"
No. C-18, and "End Construction," No. C-13, shall be furnished,
D21:51010.19 ~ -19-
installed and maintained by the Contractor at locations as directed by
the Engineer at least 48 hours in advance of any construction.
F;
The Contractor shall report all accidents to the Engineer.
PAYMENT, Full compensation for conforming to the requirements of
this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor.
7-1.05 EXISTING HIC~Y FACILITIES. The work performed in
connection with various existing facilities shall conform to the provisions in
Section 15, "Existing Highway Facilities," of the Standard Specifications and
these special provisions.
Existing City highway signs and street markers shall remain the
property of the City. Such signs and street markers shall be relocated and
maintained during construction so as to convey the same intent that existed
prior to construction.
Existing City highway signs and street markers shall be placed in
their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the
City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the
two preceeding paragraphs shall be considered as included in the prices paid for
the various items of work and no additional allowance will be made therefor.
SECTION 7 CONSTRUCTION I~TAILS
SECTION 7-2 HIGHWAY, LIGHTING, SIGNING,
AND STRIPING
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "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 furnish the appropriate nuts and washers for
existing. foundations to be reused.
Portland cement concrete shall conform to Section 90-10, "Minor
Concrete," of the Standard Specifications and shall contain not less than 470
pounds of cement per cubic yard, except for pile foundations shall contain not
less than 564 pounds of cement per cubic yard.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section
86-2.05, "Conduit," of the Standard Specifications and these special provisions.
Insulated bonding bushings will be required on metal conduit. Conduit
shall be bored under existing street pavement unless open trenching is allowed by
the Engineer due to poor soil conditions or other circumstances.
D21:51010.20 -20- RR:wrn
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in
Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special
provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to
the provisions in Section 86-2.08, "Conductors," and Section 86-2.09,,"Wiring,"
of the Standard Specifications and these special provisions.
Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, "Splicing," of the Standard Specifications are deleted.
Conductors shall be spliced by the use of "C" shaped compression
connectors as shown on Standard Plan ES 13.
Splices shall be insulated by "Method B."
7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "service," of the Standard Specifications and these special provisions.
The Engineer will arrange with the serving utility to complete service
connections to service points shown on the plans and will pay all required costs d and fees required by the utility.
7-2.06 TESTING, Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions.
FUNCTIONAL TESTING. All functional testing shall conform to the
provisions is Section 86-2.14C "Functional Testing," of the Standard
Specifications and the following paragraph:
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 COMPLETION AND LIQUIDATED DAMAGES" of these special provisions,
Slip-fitters and terminal compartments shall be cast
bronze or hot-dip galvanized ductile iron.
7-2.07 LUMINAIRES. Luminaires shall conform to the provisions in
Section 86-6.01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions,
Luminaires shall be furnished with 200-watt high pressure sodium lamps
and integral ballasts.
An in-line fuse shall be located in the pull box.
mi . ~i n~ n ~i _ RR ~carn
L..IdG -L * ~J JL V -L V 0 4a -L 40.JL
7-2.08 PHOfI'OELECTRIC CONTRpLS. 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 photoelectrical
control,
7-2.09 GUARANTEE. The Contractor shall furnish a written guarantee to
the City on the form attached, guaranteeing all systems, except traffic signal
lamps, installed under this contract for a period of one ~1) year from the date of
acceptance of the work. The guarantee, properly executed, shall be filed with the
City before notice of completion and final acceptance is made by the City of the
work described on the plans and these special provisions.
7-2.10 PAYMENT. Payment for lighting shall conform to the provi-
sions in Section 86-8, "Payment", of the Standard Specifications and these spe-
cial provisions.
Full compensation for cast-in-drilled hole concrete pile foundations
shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor.
4
f
:l
4
D21:51010.22 -22- RR:wrn
PROPOSAL
FOR
INSTALLATIC~1 OF HIC~f~Y LIC~f~TING SYS'.['F~+i AN STATE HWY. 178 AT M0~1ING DRIVE.
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 pro- . posal is made without collusion with any other person, fine or corporation; that
he has carefully examined the location of the proposed work, the annexed pro-
. posed 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 spe- cif ications for the above, filed in the off ice of the Finance Director of the
City of Bakersfield and as specified in the contract, in the manner and turn
therein prescribed, and according to the requirements of the Engineer as therein
set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing
.the required contract, with necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for si ature,
the proceeds of the check or bid bond accompanying his bid shall become the pro-
perty of the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
.ITEM ESTIMATED UNIT OF ITEM UNIT PRIDE E;~1SIQ~1
N0. QUANTITY M1EAS'URE (in f figures) PRICE
(in fi res)
1 1 LS Installation of Hi h- g
way Lighting System
SIC~IED
Bidder Company
Address
City State Zip Code
(
Area Code Telephone Number
License No, and Expiration Date
THE ~ REPRESENTATIC~IS MADE HEREIN ARE MADE UNDER PIl~IAZTY OF
PER]t~Y.
r^~ _ r~ n1 n nw►
lizi:Dlulu.Zs Page 1 of 1 RR:wrn
INSTALLATION OF HIGHWPiY LIGHTING SYSTEM ON STATE HWY. 178 AT N~RING DRIVE
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:
(1) As to lump sum items, the amount set forth in the Extension Price
column shall be the Unit Price.
(2) 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 4
or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or
improvement in excess of one-half of one (1~) percent of prime Contractor's
total bid, or TEN THOUSAND DOLI~~RS ($10,000), whichever is greater, and the
portion of the work which will be done by each subcontractor, This list is to
be completed and submitted with said bid proposal.
Subcontractor's Name Description of .portion and Street Address City, State, Zip) of work subcontracted
(attach additional sheets if needed)
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 eight (8) days, not including
Saturdays, Sundays and legal holidays, 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 shal 1 be forfeited and shall beca~mme the property of the City. City shall then~be free to accept the bid of another bidder.
D21:51010.24
INSTALLATION OF HI~Y LIGHTING SYSTEM ON STATE. HWY. 178 AT MORNING DRCVE
NONCOLLUSION AFFILIAVIT 'In 8E EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California ~
ss:
County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title Gxnpany
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, comomunication, or
conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and,_further, that the bidder has not, directly
or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and
will not pay, any fee to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of , 19
D21:51010.25
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified
check," or "bidder's bond," as the case may be}, in amount equal to at least ten v 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.
••••••••••••.•,•••••••••.••••.•••••••.••••s••.•••••••e.••••••••••••.•.•••.••••••
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation
shall be set forth above together with the signature of the officer or
officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, -the true name of the firm shall be set
forth above together with the signature of the partner or partners
authorized to sign contracts in behalf of the copartnership; and if
bidder is an individual, his signature shall be placed above. If
.signature is by an agent, other than an officer of a corporation or a
member of a partnership, a Power of Attorney must be on file with
the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address
Telephone No .
Place of Residence
Dated 19.....
DZ1:51UIU.Zb SP.BIDNQTC
BIDDER'S BOND TO ACOOMPANY PR(JP~~6AL
(Not necessary if cash or certified check is with bid)
KNO~1 ALL MEN BY THESE PRESENTS s
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
CON'CRACTORS attached hereto, is accepted by the Council of said City and if the
above bounden principal, heirs, executors, administrators, successors and
assigns, shall duly enter into and execute a contract, to construct said
in~rovements aforementioned, and shall execute and deliver the two bonds
required by law, within ten days (not including Sunday} from the date of a notice
to the above bounden principal, that said contract is ready for execution, then
this obligation shall become null and void, otherwise it shall be and remain in
full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 19
(Seal}
(Seal.)
(Seal}
ne) 1.rl 1 nln 1 ^ 0 ann 1 of 7
STATE OF CALIFORNIA }
ss.
CO[~~TY OF
On this day of 19...,.., before me,
_y;
a notary public in and for the County of State of
California, personally appeared
/ / personally known to me % /proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as
the Attorney in Fact of
and acknowledged to me that he subscribed the name of
..........................................thereto as surety, and his own
name as Attorney in Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
Notary Public in and for said County and State
D21:51010.28 Page 2 of 2
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
INSTALLATION OF HIGHWAY LIGHTING SYSTEM ON STATE HWY. 178 AT MORNING DRIVE. ,
awarded on , between the City of Bakersfield (hereinafter
referred to as the City), and the undersigned, which contract provides for the installation of lighting and/or traffic signal system , 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,
except lighting elements, prove defective or should the system as a whole prove
defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part thereof fail to operate properly, as
planned, due to any of the above causes, all within (1) year after date on which
said contract is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said systems to the
.condition contemplated in said contract, including the cost of any equipment or
materials replaced, or, upon demand by the City, to replace any such equipment
and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replace-
ments 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 cor~nence to be made and such materials as are nec- essary shall commence to be furnished and installed within Twenty-Four (24)
hours of the date specified in the City's written notification. Contractor
shall prosecute with due diligence to complete the work within a reasonable
period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guar-
antee in the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included
in said contract.
Date Contractor's Signature
Firm
Address
D21:51010.29
GUARANTEE
MATERIAL AND WnRF~MANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301
In accordance with the terms of the Contract for:
INSTALLATION OF HIC~Y LIGHTING SYSTEM ON STATE HWY. 178 AT MORNING DRIVE ,
awarded on , between the City of Bakersfield (hereinafter
referred to as aCity"), and the undersigned, which contract provides for the
installation of - , and other facilities and under which contract the undersigned has installed such
facilities, the following guarantee of the said facilities is hereby made:
then the project is completed and accepted, we guarantee the
same to be free from imperfect workmanship and/or materials, and we
agree to repair and/or replace at our awn cost and expense, any and
all such work, and/or materials which may prove defective in workmanship or materials within a period of one ~1) year from the date
of acceptance of the above named construction project, ordinary wear
and tear or neglect excepted. We also agree to repair and/or replace.,
at our own cost and expense, any work and/or materials that we may
disturb or displace in making good such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of
either of them,~of any defects in said work or materials, we agree to
co~nence and prosecute with due diligence, all work necessary to
fulfill the terms of this guarantee and to complete the work within a
reasonable period of time, and in the event of our failure to so
comply, we collectively and expressly do hereby. authorize the City
and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and
pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs 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.
LIATED
Contractor s Name
Authorized Signature
A
D21:51010.30
HOLD H~~RMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that , agrees to
indemnify and hold harmless the City of Bakersfield, its agents, employees or any
other persons against loss or expense including attorneys fees, by reason of the
liability imposed by law upon the City, except in cases of the City's sole
negligence, for damage because of bodily injury, including death at any time
resulting therefrom, sustained by any person or persons, or on account of damage
to property arising out of or in consequence of
agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the
option of the City), defend the City of Bakersfield with appropriate. counsel and
shall further bear all costs and expenses, including the expense of counsel,~in
the defense of-any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
uu~
LALica
CONTRACT N0.
THIS AGREEMENT, made and entered into on , by
and between the CITY OF ~RSFIELD, a municipal corporation, herinafter called
"City," and , hereinafter called "Contractor";
WITNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On , the contract was
awarded to Contractor upon his properly executed bid; and
WHEREAS, one of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties hereto
as follows:
ARTICLE I
r° Contractor agrees to furnish supplies, equipment, labor and materials
for ,
within the City of Bakersfield.
ARTICLE II
The following shall be deemed to be part of this contract as if fully
set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond 5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this
contract whether actually inserted or not.
9. Hold Harmless Agreement
10 Current Pwl (if required by Specifications
120589
PWSPEC -1- CONTRACTl
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
CITY OF B~~KERSFIELD
BY
Mayor
(N~~ME OF CON:I'RACTOR ~
By
Contractor
a
APPROVED AS TO FORM:
By
City Attorney
COUNTERSIGNED:
By Finance Director
- ('(~TTRA("T~
w vvr ~ ~ av r w
ESCROW AGREEMENT
FOR i
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between CITY OF
BAKERSFIELD, a municipal corporation, hereinafter called "Owner,"
whose address is
and hereinafter called "Contractor",
whose address is ,
and hereinafter called "Escrow Agent",
whose address is .
For the consideration hereinafter set forth, the Owner, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of
the Government 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 ~w~
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,
2. The Owner shall make progress payments to the Contractor for such
funds which otherwise would be withheld from progress payments pursuant to the
Contract provisions, provided that the Escrow Agent hold securities in the form
and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent
in the amount of retention for the benefit of the .Owner until such time as the escrow created hereunder is terminated.
_1_
4. Contractor shall be responsible for paying all fees for the
expenses incurred by Escrow Agent in ac~ninistering the escrow account. These
expenses and payment terms shall be determined by the Contractor and Escrow Agent, .
5, The interest earned on the securities or the money market accounts
held in escrow and all interest earned on that interest shall be for the sole
account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to the Owner.
6, Contractor shall have the right to withdraw all or any part of the
principal in the Escrow Account only by written notice to Escrow Agent
accompanied by written authorization from Owner to the Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor.
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 and 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 imomediately upon
disbursement of all moneys and securities on deposit and payments of fees and
charges.
9. Escrow Agent shall rely on the written notifications from the
Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from
Escrow Agent's release and disbursement of the securities and interest as set
forth above ,
10. The names of the. persons who are authorized to give written notice
or to receive 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
a
_2_
On behalf of Escrow Agent: -
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor
shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
proper officers on the date first set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
_3_
FAITHFUL PERFOR~~ANCE BOND
x KNOW ALL MEN BY THESE PRESENTS, THAT,
WHER~~AS, the CITY OF B~~KERSFIELD, California, a municipal corporation,
hereinafter designated the "Owner," has, on , 19 ,
awarded to ~ a corporation organized and doing business under and by virtue of the laws of the
State of California, hereinafter designated as the "Principal," a contract
for the and
WHEREAS, said Principal is required under the terms of said contract
to furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, WE, the Principal, and
as Surety, are held and firmly bound unto the Owner in
the sum of (1000 OF AMOUNT AWARDED AT COUNCIL MEETING
lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned
- Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to and abide by, and well and truly keep and
faithfully perform the covenants, conditions, and agreements in the said.
contract and any alterations made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then
this obligation shall become null and void; otherwise it shall be and remain in
full force and virtue and Principal and Surety, in the .event suit is brought on
this bond, will pay to the Owner such reasonable attorney's fees as shall be
fixed by the court.
As a condition precedent to the satisfactory. completion of ,the said contract, the above obligation in the said amount shall hold good for a period
of one (17 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 year from the date of
acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above
obligation in the said amount shall remain in full force and effect. However,
anything in this paragraph to the contrary notwithstanding, the obligation of
the Surety hereunder shall continue so long as any obligation of the Principal
remains.
Page 1 of 2 Pw. BONDl
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,. alteration, or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration,
or addition to the terms of the contract or to the wor'~ or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil
Code of the State of California.
As a part of the obligation secured hereby and in addition to the
amount specified therefor, there shall be included costs and reasonable expenses
and fees, including reasonable attorney's fees, incurred by the Owner in
successfully enforcing such obligation, all to be taxed as costs and included in
any judgement rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this
instrument under their seals this day of 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.
Principal
.t
By•
V (Seal) Signature for Principal Title
,Surety
By•
(Seal) Signature far Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
4:PW.BOND2
MATERIAL - LABOR BOND
KNOW ALL MEN BY THESE PRESE~J'TS, THAT, WHER~~AS, the CITY OF
B~~KERSFIELD, County of Kern, State of California, hereinafter designated the
"Owner," has, on (L1~TE OF COUNCIL MEETING) , awarded to
OF CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of
(DESCRIPTION OF PROJECT - USE~DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS).
WHERi~AS, 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 wail to pay for any materials, provisions,~or other
supplies used in, upon, for, or about the performance of the work contracted to
be .done, or for any work or labor done thereon of any kind, the Surety of this
bond will pay the same to the extent hereinafter set forth;
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANY} , as Surety, are held and firmly bound unto the
Owner the penal sum of (50~ OF AMOUNT AWARDED AT COUNCIL MEETING) dollars
) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors,
admin~.strators, and successors, jointly and severally, firmly by these. presents..
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his
or its heirs, executors, administrators, successors, or assigns, shall fail to
pay for any Materials, provisions, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or
labor thereon of any kind or for any amount due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and
Taxation Code of the State of California with respect to such work or labor, as
required by the provisions of. Chapter III, Division V, Title I of the Government
Code of the State of California, or with respect to any work or labor for which
a bond is required by the provisions of Sections 3247 through 3252 of the Civil
Code of the State of California, and provided that the persons, companies, or
corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor
upon same, or any person who supplies both work and materials, thereto, shall
have complied with the provisions of said Civil Code, then said Surety will pay
the same in or to an amount not exceeding the amount hereinabove set forth, and
also will pay in case suit brought upon this bond, such reasonable attorney's
fees to the Owner as shall be fixed by the court.
CA-Pw
MATERIAL.1 1 Rev91289
This bond shall inure 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 to 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 bounded parties have executed this
instrument under their seals this day of , 19 , the name and corporate seal of each corporate party being hereto affixed a d
these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
(Seal)
Signature far Principal Title
Surety
Seal)
Signature for Surety. Title
c~-Pw
MATERIAL.2 2 09/89
Date:
To:
RE: REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF
APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON
PUBLIC WORKS
Firm:
(Name)
Address
(Number and Street)
(City) (State) (Zip Code)
Telephone No.:
Location of Public Works Job Site:
Project/Contract No.: Total Contract/Project Amount:
Project Start Date: Project Completion Date:
Awarding Body:
Apprenticeable Occupation:
The official whose signature follows applies on behalf of the above
named firm for a Certificate of Approval to employ and train
apprentices in the designated occupation in accordance with the provisions of Labor Code Section 1777.5.
By•
(Signature)
Date: (Title)
112989
PWSPEC FonnPWl