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HomeMy WebLinkAbout1990 Special Provisions Project 51014* COPY N0. Optional h CITY OF H~~KERSFIELD CALIFORNIA NOTICE TO CO~~CTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR REFLECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS - ~ BID OPENING: DATE J~JNE 14, 1990 4, n 'TIME 2:00 P.M. ~ r. § ~ ~ ~ P1~17ECT N0. 51014 ~ § § . ~ ~pFESS~O ~4 N ~,~N ~Q r~~ ~ . DEP OF PUBLIC WORKS ' ~ 9 2 o.323Q0 m CITY OF AFIELD ~ ~ 1501 TRU~~TUN AVENUE _ ~ EXP. 2 ~ l ~FIELD, CA 93301 Telephone: X805) 326-3724 ~ Q~` CA~~~ D23:51014 JL:wrn CITY OF B~~KERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Off ice of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M. on June 14, 1990 to be publicly opened and read immediately thereafter, for the following work: REFLECTORIZATION OF MAJOR STREETS AT VARIOUS IACATIONS 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 inmiediately follc~ving the SPECIAL PRpVISIONS 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 requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. 4 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 Cade 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 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-32 Contractor's License at the time this contract is awarded. The work contemplated shall be done in accordance with the Standard 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 y 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. D23:51014.1 -1- JL:wrn GENERAL DESCRIPTION OF WORK The work to be performed consists, in general, of furnishing and installing reflectorized pavement markers on various streets. CITY OF BAKERSFIELD EDGAR W. SCHULZ Public Works Director D23:51014.2 ~ -2- JL:wrn CITY OF ~RSFIELD, CALIFORNIA ,DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS ~ 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, ,7anuary 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms. in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall ~be as follows: .City - City of Bakersfield, California. Department of Transportation, CALTJ~ANS - The Engineering Department of the City of Bakersfield. A 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 Department of Transportation, Business and Transportation Agency, dated January, 1988. 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. D23:51014.3 -3- JL:wrn SECTION 2. PROPOSAL R~~QUIREMENTS 2-1.01 G]~1ERAZ INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M. on June 14, 1990 sealed - proposals for REFLECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS 2-1.02 APPRfJXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deen~d necessary or expedient by the Engineer. 2-1.03 ~INATION OF PLANS, SPECIFICATIONS, SPECIAL PR~JVISIONS, AND SITE OF 1~RK. The bidder is required to examine carefully the site of work, the proposal, plans-and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PRlJP~~SALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are .unbalanced may be rejected. The right is reserved to reject any and all proposals and waive any irregularity. 2-1.05 PRpP~aSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name, telephone number and post office address must be shaven. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer. D23:51014.4 -4- JL: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, for an amount equal to at least ten percent (107 of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. 2-1.07 .REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 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 DR~~WINGS. 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_.09 WITHDRAWAL OF PRpPOrSALS. 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. 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. 2-1.10 PUBLIC OPENING OF PROP~~SALS. 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. y 2-1.11 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 in the notice in detail how the mistake occurred. D23:51014.5 -5- JL:wrn 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, 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 contracts 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 believin g 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. D23:51014.6 -6- JL:wrn 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 AWARD 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 originally required, as is considered necessary, considering the extent of 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) days, not including Sundays, after the bidder has received notice that the contract has been awarded, No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as 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 a~varded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S GUAR~!~NTEES. 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. D23:51014.7 -7- JL:wrn SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUII~TED IaAMAGES 4-1.01 Gl~1ERAL. 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 apart of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice 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 30 working days. Contract working days will cosmience fromm 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 for 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. D23:51014.8 -8- JL:wrn SECTION 5. GENERAL 5-1.01 STATE CUN'.I'RACT 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 WC~RR. 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 CONTR(JL OF WORK. Control of work shall conform to the provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications and these special provisions. Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first .paragraph: Three consecutive points shown on the same rate of slope must be used in common, in order 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. D23:51014.9 -9- JL:wrn 5-1.04 PR~~VAILING AGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees fi 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 kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, 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[~ARS ($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-l.OlA(3), nPayroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.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 employn~nt of apprentices. D23:51014.10 -10-- JL: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 P'W 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 Committee 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 f of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of Tw~aTY-FIVE THOUSAND DOL]f~ARS ($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 ScJUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions. D23:51014.11 -11- JL:wrn 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. k 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 all~aed 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 organisation which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WARRING HO~TRS. 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-3ob 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. W 5-1.12 I~~WS 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 CONTRAChOR'S INSiJRANCE. 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 on 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 x~~ss. 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. D23:51014.12 -12- JL:wrr~ 5-1,138 INSU]~ANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the k 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. 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 ($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; Workers' 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 policies required 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 w~ 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. D23:51014.13 -13- JL:wrn l 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 GU~EE 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. 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 G 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 INCREASED OR DECREASED 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. D23:51014.14 -14- JL:wrn SECTION 6. CONTROL OF MATERIALS a 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these b 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 co~rnnonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORRdW, 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 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. e 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. D23:51014.15 -15- JL:wrn SECTION 7. CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 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 Hi hwa s," published by the State of California, Department of Transportation. g,Y , 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: 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 accon~nodation of public traffic thereon during paving operations., 7-1.02 EXISTING HIC~iWAY 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. D23:51014.16 -16- JL:wrn 7-1.03 PAVEMENT MARKERS. Pavement markers shall conform to Section 85, "Pavement Markers," of the Standard Specifications and these special provisions, _ Pavement markers shall be placed in accordance with the State Traffic Manual "Markings" Section per the following details as the apply to existing striping: Detail 9 Detail 12 Detail 22 Detail 25 Detail 2b Detail 32 Detail 34 Detail 38 Pavement markers shall be 3M Centerlite Durable Raised Pavement Markers Series 240 or equal. The following street segments shall be included in this contract: 1. Stockdale Hwy. -Allen Road to Oak Street 2. Brundage Lane - Oak Street to Chester Avenue 3. Ming Avenue - Old River Road to New Stine Road 4. Oswell Street - Bernard Street to Columbus Street 5. Fairfax Road - State Fwy. 178 to Royal Coach Drive 6. White Lane - Ashe Road to Akers Road 7. Fruitvale Avenue- Hageman Road to Olive Drive 8. Hageman Road -Coffee Road to Fruitvale Avenue 9. Gosford Road - White Lane to Stockdale Hwy. 10. Coffee Road - Stockdale Hwy. to Truxtun Avenue 11. Panorama Drive - Mt. Vernon Avenue to Juniper Ridge D23:51014.17 -17- JL:wrn fi-16 MARKINGS ual Figure 6 L~I►~IE~.~NE~ - MI~LT~La . ~ ~ DE~i4lL 8 ~ I T' 11' , T' 1 T' I T' f s C~ ~ M~oa on local streets 'and highways). DETAIL 9 a { T' 1T' T' ( s Laneline pattern with pavement markers for 0 0 0 ~ use on multilane streets and highways. DE~AlL 10 ~ e' a' I ~6' i a' a' I 0 ~ o 0 0 0 Aitemate to Detail 9. ~4'~ DETAIL ~1 Lanoline attern for use on muitilane~ streets ~a' p and highways (normally used on local streets and highways). DETAIL 12 ~e' 1s' ~e' ! Lanoline pattern with pavement markers for ~ ~ use on multilane conventional streets and ~ ~ hi ~ hwa s. 9 Y DETAIL 13 ~a' ( I ~a' Lanoline pattern with pavement markers for v o 0 0 0 0 use on state freeways and expressways (see ~ 4' ~ Detail 14). DETAIL 14 iM' ~ z , ~ ! ~ Lanoline .pattern with red/clear pavement ~ o o ®o 0 0 0 ®o 0 0 0 ® markers for use On fre@Ways approaching NED.CLEAR MARKER PATTERN exit ramps. Used with Deta i 113, i n a patte m ~ ~ of four red/clear pavement markers, at inter` ~ • ~ ~ vals as shown. _ ~ 1144' ~-112 M. 114' t l2 ML-+1114'--300'* ~DETA~ 13 ~ LEGEND 4" White ~ one-way Clear Reflective Marker Direction of Travel ® Red-Clear Reflective Marker . o Non-Reflective White Marker G-18 MARKINGS Traffic Man►~al ~-,sai Figure 6, NO PASSING ZO~VE~ - ~ DETAIL 21 ~ 14 ~ ~nl~ ~ ~ ~ T i y DETAIL 22 ~ I I u~ ❑ ❑ ❑ Two direction napassing pattern with pave - ment markers for use on two-lane streets and 9_~ highways (see Note 1). ❑ ❑ ❑ ~ DETAIL 23 2~~ u~ 'I 'I ~ O~O~O O O O D O O O O O D. Alternate to Detail 22. For use with either ❑OO~OO❑OO~OO❑~" Detail4orDetait7. NOTE: 1. Pavement markers in Detail 22 may be placed on the line. r LEGEND 4" Yellow ❑ Two-Way Yellow Reflective Marker ~ Directions of Travel QNon-Reflective Yellow Marker Traffic Manual MARKINGS ~~g 7-1981 Figure fi-5 R. LEST EDGE~.~NES tDivided Highways) DETAIL 24 P~LlCY _ Left edgeline pattern for use on streets and Z„ highways {normally used on local streets .and - highways). Edge a~ trawled w.y DETAIL 25 Left edgeline. for use on State Highways, 2;; including freeway ramps and connectors (see ~ ~ Edge o~ trawled ~y ~ Note 1). 1 •r DETAIL 2fi r~"d Alternate to Details 24 and 25 when there is 2_~ ~ ~ adequate contrast between travelled way ~ 48 ~ and shoulder. DETAIL 2l Alternate- to Detail 25. A double solid yellow 3.' line may be used for more emphasis when Z,. motorists tend to use the shoulder for a Fdq. d ~ z., through lane, or where encroachments onto ~ a~~ ~ the shoulder occasionally occur. ~ ~ LEGEND NOTE: 1. Pavement markers should be spaced 24' „ apart on freeway ramps and connectors. 4 Yellow l ~ Direction of Travel 1. One•Way Yellow Reflective Marker ~I Traffic Manual MAR K1 NGS 6-21 7.1981 , Figure 6-7 TWA-NAY LEST TARN LANE r ~ ~ ~ DE~'A L 3 a o 12' 36' 12' i . _ V ~~yv PO Two-way left turn lane pattern. (normally used on local streets ann nignways). DETAIL 3Z 9s' ♦ 24' 24' 1 24' I 24' 24' I 24' ❑ ❑ ❑ ❑ ❑ ~ ~ 2., 3" ❑ 18' D O ❑ ~ D I 12' 36' 12' 12' f 10'•12+± z„ ❑ ❑ ❑ ❑ ❑ ❑ PQLlCY Two•Way left turn lane pattern with pavement markers for use on streets and highways (see Note 1 j. DETAIL 33 96' « 24' I 24' ' 24' ~ 24' 24' I 24' ❑ooooo❑ooooo❑ooooo❑ooooo❑ooooo❑ooooo❑~ ❑ ~4'~ o000 o000 ❑ o000 = ( ~ 4' ~ 18' 12' 18' ~ 18' 12' 18' 110'•12' f ~ 1 I I 36 0000 ❑ o000 0000 ❑3_- ❑ooooo❑ooooo❑ooooo❑ooooo❑ooooo❑ooooo❑- PO L! CY Alternate to Detail 32. for use when adjacent centerline is Detail 4 or Detail 7. LEGEND 4" Yellow NQTE: ~ Directions of Travel 1. Pavement markers in Detail 32 may be placed on the line. ❑ Two•Way Yellow Reflective Marker ~ Non-Reflective Yellow Marker 6-22 MARKINGS Traffic Manual ~•~ss~ m c ~ a INI o- ~ a ~ o pp ~ w '1r ~ N 0 C N 3 ~ ~ Z C ~ ~ ~ -a o- ~ ~ m me .gip E E E~E~ w 3 C N Cr~~ ~ c m O m "m°~mm $ L r Wmmm 0- - p r m a~ a~ ~ ~ ~ 0 , N Z r N ao 0 m c ~ .o ~ ~ ~ ~ ~ ~ w ' ~ ~ ~ ~ ~ C c ~ W a ~ C`Np ~ Q e-- _ ~ p m ~ ~ ~ ~ ~ .c ~ w ~ ~ m ~ V ~ 'yw m ~ o o W t~ !r ~ (A c *r p ,br l N N p ~ m Z~ C ~ ~t Q~ C ~ ~ c~ a r g~ c Ll~ o 0 A m~~c~.~~ Z w ~ O~O~Hw.N~ l C N ~ ~ wQ V ~ ~ r ~ ~ ~ e- o > ~ o~ LL o 3 w ~ 1~ ~ ~ _ _o N ~ N O m m M M ~ ~ ~ o ~ ~ ~ ~ 33 C] ~ ~ m b ~ w ~ ~ ~ C W ~ t W ~ ~ Q j ~ t W e Traffic Manual MARKINGS 6-23 ~•~ss~ Figure S-9 MIS~~~.LANEOIlS MARKINGS DETAIL 36 (Exit Ramp Treatment) Ed9s d lravsisd way (mainline) POLICY ~ 24' I ~ 24' ~ 2~-1' v o o ~ Exit ramp pattern (neutral area) for use on .L freeways. See also Figure 6-17. ~ 2„ v e^ wnn. u~. ' 24~ o 24' a Edg~ of trwelsd waY (►amPl ~ Z" DETAIL 3T (Lane Drop Markings at Exit Ramps) ~ I 30' I I 24' 2„ I I 24' I 24' 3' 6' 6' 3' 12' 3' 6' 6' 3' 6' v L v ~ v ❑ a ❑ Q 8 ❑ C- -T~ a a v 24' 2" I v I * 300' I 24~ I 24. O ~ S~ ~ See Detail 36 Lane drop pattern for use at freeway exit ramps. See also Figure 6-1 O. * Reflective maskers may be placed on line. ~ DETAIL 38 (ChanneHzleg Une) ~8" White Line 2„ v o v Typical channelizing Ilne for use on Left~tum or Right-turn lanes on streets and highways I 24~ ~ 24~ I (see Section &02.2(3)). Though Traffic ~ LEGEND _ Direction of Travel 0 One-Way Ciear Reflective Marice~ PROPOSAL FOR REFLECTORIZATION OF` MAJOR STREETS AT VARIOUS LOCATIONS 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, firm 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- cifications 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: 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 signature, 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: .R 1 ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures PRICE (in fi res) 1 ?600 EA~ Furnish and install white reflectorized vernent marker SIGNED Bidder Ccxnpany Address City State Zlp Code . ~ Area Code Telephone Number . License No. and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MADE U~~1DER PENALTY OF PERJURY. D23:51014.18 Page 1 of 2 a ITEM ESTIMATED UNIT OF ITF~I ~ UNIT PRICE E~I'ENSION ND. ~JANTITY MIEASURE (in f figures ~ PRICE (in f i res) 2. 3500 EA. Furnish and install yellow one-way reflectorized pay- , meet marker 3. 1900 EA. Furnish and Install yellow two-way reflectorized pave- ment marker 'DOTAL SIGNED Bidder D23:51014.19 Page 2 of 2 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 SUBCON'.CRACTORS 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 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 TH©USAND DOLI[~ARS ($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 shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. SP.LOSC : REFLECTORIZATION OF MAJOR STREETS AT V~~RIOUS LOCATIONS NONCOLLUSION AFFIDAVIT TO BE EXEC~JTED 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 Ccx~ganY the party making the foregoing bid that the bid is not made in the interest af, or on behalf of, any undisclosed person, .partnership, company, association, organization, or~corporation; that the bid is .genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not ,directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of n any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all staten~nts 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 D23:51014.20 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 percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License No. T •••••.•••••••••••e•••••••e•••••••••••••• SIC~1 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 suba~itted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. 1 • Business Address Telephone No . Place of Residence Dated 19..... SP.BIDNOTC BIDDER'S BOND TO ACCAMPANY PRaPOSAL (Not necessary if cash or certified check is with bid) KNOY~1 ALL MEN BY THESE PRESENTS: That we t. 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 surn 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 d in the City of Bakersfield as,referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by~the Council of said City and if the above bounden principal, heirs, executors, ac~ninistrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of 19 (Seal} (Seal) (Seal) STATE OF CALIFORNIA ) ss. C0IJNTY OF On this day of 19......, before me, 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 o~vn 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. • . A . • • • • , • • • . • • • . • • . • • . • • . • • , • . • • • • • • • • . • • Notary Public in and for said County and State a BID,BONDl Page 2 of 2 GUARANTEE MATERIAL AND ~I~OR~~N'1ANSHIP CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: REFLECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS , awarded on , between the City of Bakersfield (hereinafter referred to as "City"), 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: When 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 awn 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 J either of them, of any defects in said work or materials, we agree to c~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. DATED Contractor's Name Authorized Signature D23:51014.21 HOLD H~~RMLESS AGREEMENT CITY OF BAKERSFIELD IT I5 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. IaATED Contractor's Name Authorized Signature HHA CONTRACT N0. THIS AGREEMENT, made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, herinafter called "City," and , hereinafter called "Contractor"; WITNESSETH: WHEREAS, City has duly advertised for sealed proposals for REFLECTORIZATION OF MAAJOR STREETS AT VARIOUS IACATIONS , 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 Contractor agrees to furnish supplies, equipment, labor and materials for , within the City of Bakersfield. a 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 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 PW1 (if required by Specifications) D23:51014.22 -1- ~ JL:wrn P 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 (NAME OF CONTRACTOR) By Contractor APPROVED AS T~ FORM: By City Attorney COIJNTERSIC~IED: By Finance Director -2-, CON'CRACT2 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCR0~1 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 in the amount of dated (hereinafter referred to as the "Contract"). then 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 payr~nts 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 administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 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 immediately 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 -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 C~~ntractor _ _ Title Title Name Name Signature Signature -3- FAITHFUL PERFOR~~ANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHERI~AS, the CITY OF ~~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 ~100~ 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 ~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 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. BOND1 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 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 By• {Seal) Signature for Principal Title Surety By• (Seale Signature for Surety Title (Attach notarization form for each required signature.) Page 2 of 2 4 ~ PW. R~NI~?. ' MATERIAL - LABOR BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF ~~KERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on (I1~TE OF COUNCIL MEETING} , awarded to (N~~ME OF CONTRACTOR} hereinafter designated as the "Principal," a contract for the construction of REF~ECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS 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 kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and (LEAVE BI~~NK 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, 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 suit brought upon this, bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. D23:51014.23 1 JL:wrn 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 and these presents duly signed by its undersigned representative, pursuant to ,authority of its governing body. Principal (Seal) Signature for Principal Title Surety (Seal) Signature for Surety Title CA-PW MATERIAL.2 2 09/89 ,4 ~ M a V ~ ~ - F' _ - .r ~ ~ i - . I i ~ (rt _ ~