HomeMy WebLinkAbout1990 Special Provisions Project 51016DOPY NQ.
CITY OF B~KERSFIELD
CALI FO~1 IA
NOTICE TO C~TRACTORS
SPECIAL PROVISIS
BID PROPOSAL AND CONTRACT
FOR
§ § BFI C SI COAL MODIFICATION ON STOCIKUALE HI C~i~IAY § § AT RIO BRAVO DRIVE
_
BID OP~JING: IaATE Sul 5, 1990 -
~ TIME 2:00 P.M.
PROJECT NO. 51016
P~~~SSl~
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Q~ ~ ~ ~
~ DEP T OF PUBLIC RAGS ~
CITY OF AFIELD .323~D ~
1501 TR~J~rUN VENUE EXP.
Br~~~RSF'IELD, CA 9330: Telephone: (305) 326-372 ~ ~
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d~ CI~~-~~ .
D21:51016 JL:lh
CITY OF ~AKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PRQP'OSALS will be received by the Cit of Bakersf iel the Purchasin Officer Cit y d at the Office of
9 ► y Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M. on Jul 5, 1990 to '
Y be publicly opened and read irr~ediately thereafter, for the following work:
TRAFFIC SI C~~1AL MODIFICATION ON S'InCK]aALE HI GHHIAY
AT RIO BRAVO DRIVE
Plans and specifications, and forms of proposal, bonds an
obtained at the office of the Porch ► d contract, may be asing Officer by posting a refundable deposit cf
ZERO -0- }for each complete set. Refund of de '
made provided the plans ands cifications ar posit will be ~ e returned to the Purchasing Officer
within ten (10~ days from date of bid openln and the doc ' good condition. g uments are in reasonable
No bid will be considered unless it is made on a ro sal f '
the Purchasing Officer, which a ars p ~ orm furnished by ppe herein immediately following the SPECIAL
PROVISIONS of the project, and is made in accordance with the rov'
under Section 2, "Proposal R,e irements an p islons set forth S ~ d Conditions of the Standard
peclfications. Each bid must be accompanied by a ro sal ar with the requirements of article - p po, ~ antee in accordance
2 1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the ri h •
.g t to reject any or all bids. Bids are required on the entire work described herein.
Substitution of securities for move s retaine Y d to ensure performance shall be permitted pursuant to the provisions and re irements of
Eligible securities includ ~ Government Code 4590. e interest bearing demand deposit accounts, standb Lett
of credit, or any other security agreed to b the Contra ~ Y ers
Bakersfield. The re est f Y ctor and the City cf qu or substitution of securities tc be deposited shall be
submitted on the form entitled "Escrow agreement for Secur'~
Retention" included in the back 1tY Deposits in Lieu cf cf these special provisions.
The Contractor must possess a valid Class
A or a combinatlcn of Class C-8, Class C-10, and C-12, Contractor's License at the time '
awarded. this contract is
The work contemplated shall be done in accordance w' ith the Standard Specifications of the Department of Trans rtation Bu '
~ slness and Transportation Agency, dated January, 1988, insofar as the same ma a 1
Y pA Y•
Pursuant to Part 7 of Division 2 of th '
et se . e California Labor Code (Section 1720 q ) the Contractor shall not pay less than the reval
workers on this ro 'ect p ling rate of wages to p ~ as determined by the Director of California De artment of Industrial Relations. The Director's schedule of r p •
p evading rates is on -file and open for inspection at the City of Bakersfield De ar '
Truxtun Avenue, Bakersfie ' p tment of Public Works, 1501 ld, California.
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JL:lh
J
CITY OF HAKERSFIELD, CALIFORNIA
- DEPARTMENT OF PUBLIC WORKS
- ,SPECIAL PRaVISIONS
- SECTION 1 - DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall '
with the Standard S cificati ~ done en accordance ~ ons entitled "State of California, Department of
Transportation, Standard Specifications, Janua 1988 " as re •
insofar as the same ma a l ~ ~ ~ ferenced herein, y pp y, which specifications are hereinafter referred to
as the Standard Specifications, and in accordance with the ' provisions. following special
In case of conflict between the Standard Specifications an
speci~alprovisions, the special rovisions d these
en lieu of su ~ p shall take precedence over and be used ch conf lecteng porteons.
1-1.02 DEFINITIONS AND
TEERMS. All deflnetions and terms Defeneteons and Terms," of the Standard 5 cifi In Secteon 1,
whenever the follawin to pe cations shall apply, except ~ g rms or pronouns are used, the intent and meanie shall
as follows: 9
City - City of Bakersfield Califo '
rnla.
Department of Transportation, CALTI~ANS -The En i '
the City of Bakersfield. g rieering Department of
Director -City Engineer.
Engineer -The City Engineer; actin either d'
authorized agents, such a ent .g erectly or through properly
entrusted g s acting within the scope of the particular duties to them.
Laboratory -The designated laborat ory authorized by the Cety to test materials and work involved in the contract.
Standard Specifications - Standard S ' pecef ecateons of the Department of
Transportation, Business and Transportation A en g cy, dated January, 1988.
State -The City of Bakersfield.
State Contract Act -Chapter 1 Divisi •
The provisions of this ' on 2 of the Public Contract Code. act do not apply to this contract.
Other terms appearing in the .Standard provisions, and the s Specifications, the general
pedal provisions, shall have the intent and meanie specified en Section 1, Definition of Terms of t,h g
e Standard Specifications.
4
D21:51016.3 -3- JL:Ih
SECTION 2, P~P(~,SAL REQUIRIEMFNTS
2-1.01 GENERAL INFORMATI~1. The Purchasing Officer of the Cit of Y
Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M. on July 5, 1990 sealed
proposals for
TRAFFIC SIC~~IAL MODIFICATION ~ S'POCKDALE HIG~3wAY
AT RIO BRAVO DRIVE
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the
quantities of work to be done and materials to be furnished are approximate only,
being given as a basis for the comparison of bids, and the City of Bakersfield
does not expressly or by implication agree that the actual amount of work will
correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be
deemed necessary or expedient by the Engineer.
2-1.03 E;?~AMINATION OF PLANS, SPECIFICATIONS, SPECIAL P~VISIONS, AND
SITE OF S+~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 sul~nission
of a proposal shall be considered prima facie evidence that the bidder has made
such examination.
2-1.04 REJECTION OF PROPOSALS OONTAINING ALTERATIONS, ERASURES OR
IRlE~1LARITIES. 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 PROPOSAL FORM, All proposals must be made upon blank forms to
be obtained from the Purchasing Officer,, the form of which appears herein
imomediately following these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed b the bidder,
Y with his address. If the proposal is made by an individual, his name, telephone
number and post office address must be shown. If made by a firm or partnership,
the name and post office address of each member of the firm or partnership must
be shown. If made by a corporation, the proposal must show the 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.
D21:51016.4 -4- JL:lh
2-1.06 BIDDER'S GUARAN'1~E. ~,1 bids
cover and shall be acc Hied b shall be presented under Seale y a Proposal Guaranty made able d
Bakersfield, for an amount equal to at least AaY t0 the City of
- said bid, and no bid shall be ~ ten percent (10$) of the amount. considered unless such Pro of enclosed therewith, posal Guaranty is
2-1.07 REQUIRED LISTING OF P
shall have listed th ~FO6ED Each ro erein the name and address of each Su p Posal
bidder proposes to subcontract rtion bcontractor to whom the
percent of his to ~ po s of the work in the amount of 1 tai bid or $10,000, whichever is ~ /2 of one Subletting and Subcontractin Fair greater, in accordance with the
the Public Con g Practices Act, cornnencing with Sect° tract Code. The bidder's attention is invi ion 4100 of
of said Act related to the i sition of ted to other provisions
provisions b usi penalties for a failure to ob Y ng unauthorized subcontractors or serve its
substitutions. by making unauthorized
A sheet for listing the Subco
in the Proposal. ntractors, as required herein, is in cluded
Bidders are cautioned that °
the r irement this listing requirement is in add' ' ~ to provide a list of DBE Subcontrac ition to .proposals for projects utilizin F tors after the opening of the
g ederal funds.
2-1.08 C~IISSIOl~1S IN SPECIFICATIONS
work mentioned in the s cifi ~ ~Y materials or
the drawin s cations and not shown on the drawin s . g and not mentioned in the specificatio g or sh0'~ on as if shown or mentioned in bo ~ shall be of tie same effect
th.
Omissions fran the drawings or the
details of work which are ~ specifications of the materials or
intent of manifestly or obviously necessa to c the drawings and specifications or w ' , a~'Y out the
performed, shall not reliev hich are custanari~,y furnished or e the Contractor of his responsibilit such omitted materials or performen ~ Y for furnishing
performed as if full g such omitted work; but shall be furni
y shown or described in the drawin shed or 9s or specifications.
2-1, 09 WITHDR~~WAL, OF PROPI~;ALS. An '
prior to the time fixed in th ~ Y bid may be withdraw at an time e public notice for the openin of b' y
for the withdrawal of the bid fil g ids by request shall be execute ed with the purchasing Department.
d by the bidder or his dui authori The request withdrawal of a bid does not re' ~ Y zed representative. The
Whether or not p )udice the right of the bidder to f i beds are opened exactly at the ti ~ le a new bid,
opening bids, a bid will not be ~ fixed zn the public notice for
withdrawn after received after that time., nor ma an ' z ~ time fixed in the public notic Y Y bid be e for the opening of bids.
2-1.10 PUBLIC OPENING OF PRA publicly at the t~,fie a P~~aAIS. Proposals will be o ned an
nd place indicated in the "Not' ~ n d read Bidders or their authorized a nts ice to Contractors.
ge are invited to be present.
2-1.11 RELIEF OF BIDIDERS. Atten ' '
Public Contract Code Secti tion is directed to the provisions of bidders and ' ons 5100 to 5107, inclusive, concernin '
in particular to the requirement the 9 relief of mistake was made in his bid rein, that if the bidder claims a
within 5 da ~ , the bidder shall give the De mane ys after the opening of the bids of ~ nt written notice
the notice in detail how the ~ the alleged mistake, specif in in nustake occurred. y g
D21:51016.5
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Public Contract Code Section 10285.1
provides as follows: (Chapter 376, Stats, 1985)
_ Any state agency may suspend, for a period of u to
the date of conviction an r p three Years from ~ y pe son from bidding upon, or being awarded
a public works or services contract with the a en '
from being a subcontractor at an ~ g cY under this part or y tier upon the contract, if that
person, or any partner, member, officer dl officer, or res nsible ~ ~ rector, responsible managing
b Ao managing employee thereof, has been convic y a court of competent Jurisdiction of an char e ted
collusion, consplra or an Y g of fraud, bribery,
federal ~ Y other act in violation of any state or antitrust law In connection with the biddin u n
performance of, any public works contrac g po ► award of, or
with any ublic entit t► as defined in Section 1101, p y, as defined in Section 1100, includin purposes of this article, the Regents of th ~ g for the
e University of California or the Trustees of the California State Univer '
' determine the eli ibilit of sity. A state agency „gay ' g Y any person to enter into a contrac
is article by requiring the person to submit a t under
penalty of perjury declarin th statement under
' subcontrac 9 at neither the person nor any for to be engaged by the person has been ' the. offenses referred to in this secti convicted of any of
` on within the preceding three years.
a
A form for the statement required b Section Y 10285.1 is included in the
proposal.
2-1.12 DIS~~UALIFICATION OF BI
individual, firm r More than one proposal fran an pa tnership, corporation, or combination thereo
same or different names will not be consi f under the
that an individual dered. Reasonable grounds for believin Y , firm, partnership, corporation or comb' g interested in more than one ro sal f ination thereof is
rejection of all .p p° or the work contemplated may cause the
proposals in which such individual, firm rtn ' or combination thereof is Interested. If they ► Pa ership, corporation
collusion exists anion ~ e is reason for believing that
Pro ~ g e bidders any or all proposals ma be re 'e posals in which the prices obviousl are u y J cted. Y nbalanced may be rejected.
SECTION 3. ACRD ,AND ~CUTION 0 F C~~JTRACT
3-1.01 Gl~1ERAL. The award of the
to the lavest responsible bi contract, if It be awarded, will be
the at dder. The language "responsible" refers tribute of .trustworthiness, but also to th to not only of law bidder to satisfactoril e quality, fitness and capacity
y perform the proposed work.
3-1.02 AIi~RD OF CONTRACT. The
awarded, will be made w' ~ - award of the contract, if it be 1 then forty five (45) days after the o n'
.proposals unless extension is approved the ~ Ae ing of the by lowest responsible bidder.
3-1.03 CONTRACT BOND6. The Contrac
sufficient bonds. One of for shall furnish two good and
rfo the said bonds shall guarantee the faith pe rmance of the said contract b the Co ful
equal to one hundred Y ntractor and shall be in an amount
said bon ,percent (100$) of the contract price. The other ds shall be In an amount of f if t r of the and shall guarantee n Y Pe cent (50~) of the contract price
on the 'o t to laborers, mechanics and material workers ~ b under the contract and shall be in employed
the amount and satisfy the
D21:51016.6 -6-
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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 cf the
Contractor far 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 OONTRACT. 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 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 GUA~E~ANTEES. 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.
SECTION 4 - BEGINNING OF WORK, TIME OE COMPLETION AND
LIQUIDATED DAt~~AGES
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 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 40 working days.
Contract working days will coma~ence 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.
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r
Full ccx~ensation 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.
SECTION 5. GENERAL
5-1.01 STATE Ca!ITRACT 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 4F WORR. Increases in ,work totaling
more than ten percent X10$) of the contract amount shall be processed as a change order subject to approval by the City.
5-1.03 C~NTRfJL OF WORK. Control of work shall conform to the
rovisions in Section 5, "Ca~1'i~ROL 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 perfornled, 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 cannon, 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:
Glen 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
D21:51016.8 -8- JL:lh
carried on each day, he shall give due notice to the Engineer, so that
. proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of
Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees
that in performing said worl~, 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 wopked 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 De rtment. The schedule is incorporated herein by this reference. Pa
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 emplayed for each
calendar day or portion thereof:
a. T~''NTY-FIVE DOLIGARS ( $25) pursuant to Section 1775 of the Labor
Code,, r worker paid less than the amount to which he is entitled
~ • ~ and under said general prevailing rate of wages,
b. 'I~;NTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to .work more than eight (8) hours per
day or more than forty (40) hours per week, except as provided~in
Section 1815 of the Labor Code.
5-1.05 PAYRGLL 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 LAHOR NONDIS~~tIMINATION. 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
r lations romoulgated by the Fair Employment and Housing Cam~nission to ~ P
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, 17?7.5,
1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for
apprentices, the Contractor and all Subcontractors shall submit one of the
following: .
D21: 51016.9 -9•- JL ~ ~
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 point 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
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 T~V'I'Y-FIVE THOUS~~1D DOLILARS ($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
rovisions to be made for worker protection during the excavation of the p
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
repared by a Registered Civil or Structural Engineer. p
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 CO~~L , REQiJIR~ENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard
Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of
9:00 P.M. and 6:00 A.M., shall not exceed 86 dUA 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
D21:51016.10 -10- JL:lh
related to the job, including but not limited to trucks, transit mixers or
transient equipment that mayor may not be awned 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 condensation 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
goverrunental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours
fran 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 08SEl~VED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all Municipal
ordinances and regulations of the City of Bakersfield which. in any manner affect
those engaged or employed in the .work, or the materials used in the work, or
which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the
same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work
under this contract until he has obtained all insurance required under this
section and the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Departntient, 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 ASS. 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 fran or related to any work performed
b'Y 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.
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:
Autaanobile liability insurance, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons,
D21:51016.11 -11- JL:lh
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 awned,
non-awned and hired autos.
General liabilit 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' nsation with statuto limits and 1 er's liabili
Insurance with lun~ts o 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
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,
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 C~ONTRAC'1~OR'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.
D21:5101d.12 -12- JL:lh
5-1.15 L~~~AGE BY STORM, FLOOD, TIDAL SAVE OR E~~IQUAKE. 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.
n
5-1.16 WORR 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.
5-1.17 RSC~iT OF ~Y. The right of way for the work to be constructed
will be provided by the City. The Contractor shall make his nwn arrangements,
and pay all expenses for additional area required by him outside of the limits of
r-fight of way unless otherwise provided in the special provisions.
5-1.18 SUSPII~ISIC~1 OF C~ITRACT. 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 paver 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 en~loy 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
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
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 TEMFOR~~RY SUSPENSION OF WORK. The Engineer shall have the
authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are
considered unfavorable for the suitable prosecution of the work, or for such time
as he may deem necessary, due to the failure on the part of the Contractor to
D~1:51016.13 -13- JL:lh
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 PAY1!~~NTS. 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.
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 ca~npletion 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
therefran 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 X30}
days fran the date the "NOTICE OF OQMPLETI~1" is recorded at the County
Recorder's Office and after execution and return by the Contractor of the
attached GU'ARi!~NTEE when .applicable .
D21:51016.14 -14- n: ~
the ties to the contract that no
is mutually agreed between ~ exce t the final It nts made under the contract P
iven or paY~ ' ve evidence of the performance of certif irate g 1 nt► shall ~ conclusi of the arty of the
certificate or f ina PaY~ rt► against any claim p
tract, e1ther wholly or in ~ ed to ~ an acceptance of any the con no nt shall be constru
first Part, and rials. five work or l.mproper mate
defer the ayment of the final anaunt
ctor further agrees that P work done in pnd the Contra d ' ustment and payment for any C i t
the contract, and the a ~ shall release the City► the Y due under alterations of the same, an ~ liability on account of work
accordance with y ran an and all claims or
cil and the Engineer f y ration thereof. Coun ► alte r'med under the contract or any perfo
The word *coarpensation" in ED OR DEQ~EASED QUANTITIES. red with the
5-1.22 INCIE~ d S cif ications is repla ra raphs of the Standar Pe
the f ollawin9 pa g
words "unit price": ction 18-1.05, "PAYMENT"•
Third paragraph of ~ 8 "PAY~!+~" .
• ra ra h of Section 24-1.0 ► " Third Pa 9 P ction 36-1.07, "PAY~!tiENT •
. Second paragraph of Se "PAY~!~T" . a ra h of Section 39-8.02, Tenth par g P
for shall be held ,
A~~S ~,~~;~,s , The Contrac their education of 5"1'23 ~ ntractor's well-being and
• r his workers and subco ~ are encountered during this responsible fo when hazardous materials
dlin hazardous materials han 9
project.
Cyx~I'gDL OF MATERIALS
SECTIaN 6.
11 conform to the provisions , Control of materials sha 'ons and these
6-1.01 GENES ~ of the Standard SpeCificati ' on 6 ► "Control of Materials ►
in Secti special provisions.
rce of supply of each of the
o tion of the Engineer, the sou is started and At the P the Engineer before delivery.
11 be a proved by ive reliminary steles of materials sha p, in the work. RepreSentat P for or
fore such material is used ~ submitted by the contrac ~ rescribed shall cater and quality p for testing or examination as the char ials to be used in the work,
producer of all mater
desired by the Engineer•
ontractor shall be made in f materials furnished by the c nizations► and
All tests o 1zed standards of national orga
cccodance with commonly recogn ribed in the specifications. a resc s cial methods and tests as are P • such Pe
SITES. The operation of any
~T, DISP~~ AND r dis se of 6"1.02 ~ e Contractor to produce o p° rd
r dis al sites used by ~ irements in the standa b0~~ ° ~ shall comply with ~e requ water llution►
material for this Project ns• All provisions 'for po f the contract shall apply to
' ications and these special provisio, , Specif a 1 within the lets ° and sound control that pP Y d b the Contractor.
rraw or disposal sites utilize Y all bo
'tes and haul roads shall be
' etion of the work, all such si the contract. Up°n cc~l ime of final inspection of
d and treated so that, at the t grade
JL:lh
~15-
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 ccxnplying 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 {~IFICATES OF OOMPLIANCE. 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
sailing and testing, if accompanied by a Certif irate of Compliance.
SECTION 7. CONSTR~JCTION 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.
When initially installed, all vehicle and pedestrian signal-faces
shall be aimed and covered with cardboard or other material with an observation
hole (max. 1" dia.y in front of each signal indication. The covers shall remain
in place until all signal operations have been checked and signal is placed into
operation.
Prior to co~nencement of the traffic signal functional tests, all
items of work related to the signal control shall be completed and all signs
shall be in place.
7-1.02 08ST1~JCTIONS. 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 irr~rovements that are to remain in place within the construction area
or that are to be relocated and relocation operations have not been ccxnpleted. In accordance with the provisions of Article 7-1.11, "Preservation of Property,"
and 7-1.12, "Responsibility for 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 i~rovements 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
D21:51016.16 -16- ~L:lh
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 spawn or correctly located on the plans will not be compensated for
as idle time. However, additional contract time co~nensurate 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.
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 campeensation will be made
therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish., install and maintain signs, lights, flags and other warning and safety devices when
.performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and other warning and safety devices and their use
shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon
Highways," published by the State of California, Department of Transportation.
Application and use of devices shall be as specified and as directed by the
Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify
them um~ediately 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:
Construct*on operations shall be actively in progress only between the
hours of f8:30 AM-4:00 PM], Monday through Friday. Where construction
operations are actively In progress, a minimaun 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
D21:51016.17 -17- JL:lh
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 ccxnpensation will be allowed for any shaping of shoulders necessary for the accommodation 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 ('Ripe 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,
installed and maintained by the Contractor at locations as directed by
the Engineer at least 48 hours in advance of any construction.
7-1.04 EXISTING HICY FACILITIES. The work perforn:ed 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.
7-1.05 SAWCUT ASPHALT CCNCIRETE PAVEMENT. Where new asphalt concrete
is to conform to existing asphalt concrete, the existing asphalt concrete shall
be saw cut to a neat line. The depth of cut shall be sufficient so that damage
to adjacent asphalt concrete, which is to remain in place, will not occur during
excavation operations.
. The Contractor shall conduct his operations so as not to damage the
integrity of the edge of the saw cut pavement. Any damage to the saw cut edge
will be corrected by the Contractor by additional cutting prior to the start of
paving operations.
Full compensation for conforming to the requirements of this article shall be considered as included in various items of work and no additional
allowance will be made therefore.
7-1.06 ving concrete shall conform to the
°provisions in Sections 15, "Existing Highway Facilities," 16, "Clearing and
Grubbing," and 19-1.04,."Removal and Disposal of Buried Man-Made Objects," of
D21:51016.18 -18- JL:lh
' the Standard Specifications and these special rovisions. E ~ p
_ Concrete removed shall be disposed of in accordance with th
provisions in Section 7-1.13, "Disposal of Material Dutside e
Way," of the Standard S cifications. the Highway Right of Pe
MEASUREMENT AND PAYMENT. Removing concrete and as halt c median will be measured and paid for as roadwa p oncrete within
y excavation. 'I
7-1.07 CLIEARING AND GRUBBING. Clearing and bbin sh
to the provisions in Section 16, "Clearin ~ ~ g all conform g and Grubbing," of the Standard
E Specifications and these special provisions.
~ Clearing and grubbing shall be limited to those areas ac
affected by the planned construction as dir tually
ected by the Engineer.
7-1.08 DUST COtVTR~L. It shall be the Contra '
to prevent a dust nuisance from on ' ctor s responsibility ginating from the site of the work as a result of his operations, or the traveling public, durin
of this contract. Preventati 9 ~ effective period
ve measures to be taken by the Contractor shall include but shall not be limited to the followin :
9
1. Water shall be applied to all unpaved areas as re
prevent the surface from be quired to Gaming-dry enough to permit dust
fo~tzation.
2. Paved surfaces over which vehicular traff' '
trave 1 shall be ke t f ree is is perms tied to p of dirt.
Temporary suspension of the work, either as a result o Engineer, or as a result of condition f order by the
s beyond the control of the Contractor shall not relieve the Contractor from his res nsibi '
forth herein. Ao lity for dust control as set
PAY~'~ENT. Full compensation for conformin to the re article shall be considered as includ ~ g Quirements of this
ed in the prices paid for. the various contract items of work and no additional c nsation wi
11 be allowed therefor.
7-1.09 EARTHWORK. Earthwork shall
Section 19, "Earthwork " conform to the provisions in of the Standard Specifications and theses cial
provisions. pe
Section 4-1.05. "Use of Material "
s Found on the Work, of the Standard Specifications shall be amended to read as follow •
s.
Unless designated as selected material as rovided ' '
"Selected Material " the p in Section 19-2.07,
E ► Contractor, with the approval of the ngineer, may use in the proposed construction such stone rav sand or other material suitable in ~ ~ ~ g el,
be found ' ~ opinion of the Engineer as may in excavation. The Contractor will be paid for the excav -
tion of such materials at the a contract price for such excavation,. but
he shall replace at his expense with other sui ' table material all of
. that portion of the material so removed and u '
plated for use in ~ which was contem- the work. The Contractor shall not excavate or remove any material from within the highway location that s
within the excavation as ' ) not
indicated by the slope and grade lines,
D21:51016.19 _1~ JL:lh
without written authorization from the Engineer.
It is anticipated that there will be 81 cubic yards of surplus
- material which shall become the property of the Contractor and shall be disposed
of outside of the highway right of way in accordance with the provisions of
Section 7-1.13, °'Disposal of Material Outside the Highway Right of Way," of the - Standard Specifications.
When asphalt concrete is to be placed on the grading plane, the grad-
ing plane at any point shall not vary by more than 0.05-foot above or below the
grade established by the Engineer.
Section 19-3.062, "Slurry Cement Backfill," of the Standard
Specifications is deleted and shall not apply to this contract.
The relative,compaction,limits specified in the second paragraph of
Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard
Specifications are amended to the limits shown on the plans and typical cross- sections and shall be determined by: ASTM D1557-70, Method "C" Standard Test
Method for Moisture-Density Relations of Soils using 10 lb. (4.5 Kg) rang and
18" (457r~m) drop, Calif. Test Methods 216 or 231. The subgrade must be smooth,
uniform and true to the required grade.
The estimated quantity of roadway excavation * (and imported borrow)
shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifications.
7-1.10 FINISHING RGAI7WAY. Finishing roadway shall conform t6 the
provisions in Section 22, "Finishing Roadway," of the Standard~Specifications
and these special provisions.
In addition to the conditions, provisions and requirements of Section
22-1.01, "Description," of the Standard Specifications, the following shall
apply:
The Contractor shall remove, from all affected areas, whether inside or
outside the project limits, all excess and/or objectionable material
originating within the project limits and transported by public traffic or by the Contractor's operations.
The Contractor may use any method, approved by the Engineer, that does
not create a dust problem to remove the excess and/or objectionable material
from the affected areas. However, in residential areas, when a broom is used, a
self-contained, pick-up type, power broom with water distribution system shall be used.
PAYMFI~IT. The first paragraph in Section 22-1.03, "Payment," of .the
Standard Specifications, is amended to read:
Full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and
streets, frontage roads, road approaches, and channelized
• intersections, whether inside or outside the highway right of way, and
all other areas, whether inside or outside the project limits, affected
by public traffic or by the Contractor's operations, all as shown on
D21:51016.20 -,20- JL:lh
the plans, and as specified in the Standard specifications acid these
special provisions, and as directed by the Engineer, shall be
considered as included iri various items of work .and no additional
compensation will be made therefor.
7-1.11 A~GRI~GATE BASE. Aggregate base shall be Class 2 and shall i
conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions.
Aggregate base shall be compacted to 95$ relative compaction.
Compaction will be determined by the following test methods: California No. 216,
California No. 231, or ASTM D1557-70, Method C.
For verification purposes, the tonnage of compacted aggregate base will
be calculated frcxn the dimensions shown on the plans, adjusted by the amount of
any change ordered by the Engineer.
7-1.12 ASPHALT QONCIRE'I'E. Asphalt concrete shall be 'Ripe B and shall
conform to the provisions in Section 39, "Asphalt Concrete," of the Standard
Specifications and these special provisions.
Aggregate for the top layer of Type B asphalt concrete shall conform
to the requirements for 1/2 inch maximum, medium grading and aggregate for any:
lower layers of Type B asphalt concrete shall conform to the requirements for 3/4
inch maximum, medium grading, both as specified in Section 39-2.02, "Aggregate",
of the Standard Specifications.
When directed by the Engineer, aggregate conforming to any of the
grading requirements in Section 39-2.02, "Aggregate," of the Standard
.Specifications shall be used to surface intersections, tapers, and other areas
where thin layers of asphalt concrete are being constructed.
Paving joints shall match stripe locations.
Where new asphalt concrete pavement is to conform~to existing paved
surfaces, the existing pavement shall be saw cut.
The miscellaneous areas to be paid for at the contract price per, square yard for place asphalt concrete (miscellaneous area) in addition to the
prices paid for the materials involved shall be limited to median islands and
driveways.
The subgrade beneath surfacing for median islands shall be
chemically treated for weed control. The chemical applied shall be 2,
6-dichlorobenzonitrile and shall be applied in accordance with the manufac- turer's recontim~endations and these special provisions. The rate of application
shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete
shall be placed over the treated subgrade within 2 hours of chemical application
when air temperature is higher than 50° F. At air temperatures lower than 50°
F., asphalt concrete shall be placed on treated subgrade within 10 hours of che-
mical application. Should "wettable powder" type chemical be used, a suitable fugitive dye shall be incorporated in the mixture so that coverage and spread
rate may be verified.
Full compensation for chemically treating soil as specified in this
section will be considered as included in the contract price paid per square
D21:51016.21 -21- JL:lh
yard for place asphalt concrete (miscellaneous area).
7-1.13 ~JAD6IDE SIC~1S. Rpadside signs shall conform to the
provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside signs shall conform to City Standard
. TS-4. Where sign posts are placed within concrete sidewalk
the sidewalk shall be core drilled. Roto hammering or other
similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits
required to form a neat finish as directed by the Engineer.
MEASUREMENT AND PAYMII~IT. Miscellaneous roadside signs shall be paid
for at the contract per unit for install roadside signs (GSP Post).
Installation of one or more sign panels mounted on a single post shall be
counted as one roadside sign (GSP Post).
7-1.14 OVERHEAD SIGNS. Overhead signs shall conform to the
applicable provisions in Section 56, "Signs," of the Standard Specifications
and these special provisions.
Mast-arm h~~ngers for street name signs will be furnished and installed by the City.
Street name si swill be furnished and installed by City of
. Bakersfield using mast-arrn hanger methods such as Hawkins
M10J Series swinging sign bracket, with return spring
removed, or acceptable equal.
Overhead signs installed on signal poles, mast-arms or on
flashing beacon mast-arm shall be furnished and installed by
the Contractor in accordance with the plans and these
special provisions. Compensation for cverhead signs shall
be considered included in the respective contract lump sum
price or prices for signal, flashing ,beacon, or combination thereof ,
7-1.15 MISCELLANEOUS OONCI~ETE OONSTRUCTION . Portland cement
concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches,
driveways and miscellaneous construction shall conform to the provisions in
Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and
. these special provisions.
MEASUREMII~IT AND PAYMII~IT.
Quantities of minor concrete (median curb), Type M ,shall be paid for
at the contract price per linear foot. Construction of concrete nose at end of
median island shall be considered as included in the price paid per linear foot of minor concrete (median curb) and no additional compensation will be allowed
therefor.
D21:51016.22 -22- JL:lh
SECTIC~1 7 OCNSTR~ICTIC~1 DIETAILS
SECTIaN 7-2 TRAFFIC SIQJAt~S AND LIGHTING
7-2.01 FO(A~IDATIONS. 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 5b4 pounds of cement per cubic yard.
7-2.01 OaNDUIT. Conduit shall conform to the provisions in Section
86-2.05, "Conduit," of the Standard Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench
methods. Installation using jacking or drilling shall conform to Section 86-2.05C,
"Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications.
1. Conduit shall be rigid non-metallic type. Conduit shall be placed
under existing pavement in a trench not to exceed 6 inches in width.
Trench shall be cut using a rock saw and all loose uncompacted
material shall be removed from the bottom of the trench prior to placement cf conduit.. The top of~the installed conduit shall be a
minimum of 12 inches below finished grade.
2. The conduit shall be placed in ,the bottom of the trench and the
trench shall be backfilled with a one (1) sack slurry cement
backfill. Slurry cement backfill shall be placed tc within
0,20 feet of the pavement surface. The top 0.20 feet shall be , backfilled with asphalt concrete produced from commercial quality
paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied
as specified in Section 39-4.02, "Prime Coat and Paint Binder,"
of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will pro-
duce an asphalt concrete surface of uniform smoothness, texture,
and density.
4. A11 excavated areas in the pavement shall be backfilled by the end
of each work day. Temporary roadmix or other acceptable temporary
surface will be allowed on the top 0.20 feet until such a time as ~the~ permanent asphalt surface is placed.
Dependant upon adverse soil conditions or other circ~zmstances encountered
at the time of construction, the Engineer may specify which of the above methods
may be used.
D21:51016.23 -23- JL:lh
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in
Section 862.06, "Pull Boxes," of the Standard Specifications and these special
provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 00~1DUCTORS AND WIRING. Conductors and wiring shall conform to
the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring,°'
of the Standard Specifications and these special provisions.
CONDUCTORS - The Contractor shall use multi-conductor
electrical cables for all circuits except between the service switch and
controller cabinet.
Only multi-conductor cable conforming to the following shall be used:
5 Conductor cable consisting of 5 No. 14 conductors colored 1 each
red, yellow, brown, white and black.
9 Conductor cable consisting of 1 No. 12 conductor colored white. and
8 No. 14 conductors colored 1 each red, yellow, brown, black,
red black stripe yellow black stripe, brawn black stripe and
white black stripe.
28 Conductor cable consisting of 1 No. 10 conductor colored white and
27 No. 14 conductors colored as indicated in the following conductor
table for a single ring operation.
7-2.05 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces
uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the
provisions is Section 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 OONIPLETICJN AND LIQUIDATED L~~MAGES" of these special provisions.
7-2.06 SICI~IAL FACES AND SIC~~IAL Signal faces, signal heads and
auxiliary equipment, as shown on the plans, and the installation thereof, shall
conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02,
"Directional Louvers," 86-4.03, "Bookplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and bookplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the
. Contractor.
All signal faces shall be provided with 12-inch sections.
D21:51016.24 -24- ,7L:lh
The third sentence of the first paragraph of Section 86-4.06, "Signal
Mounting Assemblies," of the Standard Specifications, shall be amended to read as
follows:
Slip-fitters and terminal compartments shall be cast
bronze or hot-dip galvanized ductile iron.
7-2.07 PEDESTRIAN SIC~IAZS. Pedestrian signals shall conform to the
provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Pedestrian signals shall be Type C, and shall have energy efficient heads
equivalent to Indicator Controls Corporation Model 4094B.
7-2.08 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.
7-2.9 PHC7POELECTRIC C~JNTI~JLS. 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.
7-2.10 OONTRULLERS, CABINETS AND AUXILIARY EQUIPM~IT. The City will
furnish the controller and cabinet assembly for each location.
7-1.11 DETECTORS. Detectors shall conform to the provisions in
Section 86-5, 'Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the
Engineer.
INSTALLATIC~ DETASLS Installation and tests shall conform
to the details and notes shown on the plans.
Slots cut in the pavement shall be blown out and dried before installing
fi inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots
shall be filled with epoxy sealant conforming to the requirements in Section
95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the
saw cut. Before setting, surplus sealant shall be removed from the adjacent road
surfaces without the .use of solvents.
In lieu, of the epoxy sealant specified above, slots may be .filled with
either of the following materials:
1. An elastomeric sealant conforming to the following:
D21:51016.25 -25- JL:lh
The sealant shall be a polyurethane material of a composition that
will, within its stated shelf life, cure only in the presence of moisture. Sealant
shall be suitable for use in both asphalt concrete and Portland cement concrete.
The cured sealant shall have the following performance
characteristics:
Measuring Standard
Property and Results And Conditions
Hardness (indentation) - 65-85 ASTM D 2240 Res. 'Ripe A, Model 1700 77° F. (25° C.) 50$ relative humidity.
Tensile strength - 500 psi, min. ~ ASTM D 412 Die C, pulled at 20 IPM.
Elongation - 400, mini.moum ASTM D 412 Die C, pulled at 20 IPM.
Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2"
Mandrel.
Weathering Resistance - Slight ASTM D 822 Weatherometer 350 Hrs.
Chalking Cured 7 days at 77° F. (25° C.)~50$
relative humidity,
Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.}
minimoum Tensile; 400, minimoum 5~ NaCl, Die C, pulled at 20 IPM.
elongation
Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature
range of -30° C. to 50° C.
2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of
California Specification 8040-41A-15.
Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of
series and parallel so that optimum sensitivity is obtained at the sensor unit.
Final splices between loops and lead-in cable shall not be made until the operation
of the loops under actual traffic conditions is approved by the Engineer.
All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be s lived to a cable which shall
p be run from the pull box adjacent to the loop detector to a sensor unit mounted in
the controller cabinet. Splices to the cable shall be made in pull boxes only.
All loop conductors for traffic counters shall terminate in a 11 box or
terminal strip in the traffic count station cabinet when such a cabinet is
installed.
Conductors dor inductive loop traffic signal and traffic countin
g installations shall be identified and banded, in pairs, by lane, in the pull box
adjacent to the loops and near the termination of the conductors in the controller
or traffic count station cabinet. Bands shall conform to the provisions in Section
86-2.09, "Wiring."
D21:51016.26 -26- JL:lh
.Identification of each conductor pair shall consist of labeling the
phase and detector -slot number. (e.g. - 6J2L, 8J8U, 3I5U,~ etc.) in permanent ink
on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog X10. TY5532
u or approved equal).
If asphalt concrete surfacing is to be placed, the loop detector
conductors shall be installed prior to placing the uppermost layer of asphalt
concrete. The conductors shall be installed, as shown on the plans, in the compacted
layer of asphalt concrete imomediately below the uppermost layer. Installation
details shall be as shown on the plans, except the epoxy sealant shall fill the slot
flush to the surface. Detector loops in concrete pads shall be sealed with epoxy
sealant.
Loop detector lead-in cables shall conform to the provisions in Section
86-5.OlA (4), "Construction Materials," of the Standard Specifications and these
special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
1. All spade connectors used to attach to terminals
inside the controller cabinet shall be crimped and
soldered to the conductor.
2. Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and. the splice
must be soldered and completely waterproof. Connect
one end of the shield to earth ground (at cabinet).
and insulate the other end with no possible path
to earth ground.
7-2.12 GUAIE~ANTEE. 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 corr~letion and final. acceptance is rude by the City cf the
work described on the plans and these special provisions.
7-2,13 PAYMF~IT. Payment for signals and lighting shall conform to
the provisions in Section 86-8, "Payment", of the Standard Specifications and
these special 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,
D21:51016.26A -26A- JL:lh
8040-41A-15
STATE OF CALIF0~IIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled,
asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is
suitable for use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on
the opening date of the Invitation to Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1981
State of California Specification 8010-XXX-99 Inspection, Testing and
Other Requirements for Protective Coatings
Code of .Federal Regulations, Hazardous Materials and Regulations
Board, Ref. 49CFR.
3.0 REQUI
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility
to produce a one-ccnnponent product to meet the properties specified
herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent , 70 Minimum Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
4
D21:51016.27 JL:lh
-27-
Asphaltic Emulsion Inductive Loop Sealant ~ $040-41A-15
3.2.3 Firm set time, hours, 4
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3, 10 RPM at 75 + 2°F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at~75 + 5°F. and 50 + 10~ relative humidity. Condition mandrel and specimens 2 hours at
75 + 2°F before test. Use aluminum panels, 0.03 inches
thick ~Q panel or equal).
3.3.2 Tensile Strength, psi, 20 minimuum
cast sheets 0.25 inches thick and air dry at
75 + 5°F, 50 + 10~ relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use ASTM D2523. .
3.3.3 Elongation, $ 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum, Use California Test Method No. 434, Part VIII. Space with no loss
damp blocks with 0.25 inches between slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete
sample, strike off the excess. Dry in 140°F oven to '
constant weight and condition l day at 75 + 2°F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering,
Use ASTM D2939, Alternative B re-emulsification
or loss of
.adhesion
3.4 Workmanship
a. 3.4.1 The sealant shall be properly dispersed and any settling shall be
easily redispersed with minimum resistance to the sideways manual
motion of a paddle across the bottom of the container. It shall form a
smooth uniform product of the proper consistency. If the material
cannot be easily redispersed due to excessive settlement as described
above or due to any other cause, the sealant shall be considered unfit for use.
D21:51016.28 -28- JL:lh
Asphaltic ~iaulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor
shall be responsible for all costs and transportation charges incurred
in replacing material that is unfit for use. The properties of any
replacement material, as specified in Paragraph 3.0, shall remain
satisfactory for 12 months from date of acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the
sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of
California Specification 8010-XXX-99, or as othe~aise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be
permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for
application. The material shall be furnished in container size as
specified in the purchase order or contract. If ordered in 5 gallon
size the containers shall be new, round standard full open head with
bails, shall be nonreactive with the contents, and shall have .compatible gaskets. The containers shall comply with the U.S.
Department of Transportation or the Interstate Con~nerce Commission
regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and
manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as
outlined in Code of Federal Regulations, Hazardous Materials and
Regulations Board, Reference 49 CFR.
D21:5101d.29 -29- JL:lh
Asphaltic emulsion Inductive Loop Sealant ~ :8040-41A-15
6.0 NOR'ES
6.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water
and debris. The sealant must be thoroughly stirred before use and
hand poured into the slots. Due to the sand content of this material,
pumping is not recommended. Any clean up of road surface or tools can
be done with water, before the sealant sets.
6.2 Patents
The Contractor shall assume all costs arising fran the use of patented
materials, equipment, devices, or processes used on or incorporated in
the work, and agrees to indemnify and save harmless the State of California, and its duly authorized representatives, from all suits at
law or action of every nature for, or on account of, the use of any
patented materials, equip~m~ent, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certif icate of Compliance with each
batch of sealant, in accordance with the provision of Section 6-1.07 of
California Department of Transportation Standard Specifications,
January 1981.
D21:51016.30 -30- JL:lh
PROPOSAL FOR
TRAFFIC SIC~IAL MODIFICATION ~ S'IOCI~DALE HIGHWAY
AT RIO BRAVO DRIVE .
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only rsons or arti
interested in this pro sal as rinci ~ p es po p pals are those named herein; that this pro-
posal is made without collusion with any other person, firm or co r ' he has carefully examined the location ~ atlon; that
of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he ro
agrees if this proposal is acre ted tha p poses and p , t he will contract with the City of
Bakersfield, In the prescribed form of contract hereto annexed to r v'
necessary machine ,tools a aratu ► ,p o lde all rY , pp s and other means of construction and to do
all. the work and furnish all the materials in accordance with the lan
cifications for the above, filed in th p s and spe- e office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner a '
therein prescribed and accordin ~ nd time g,to the requirements of the Engineer as therein
set forth, and that he will take In full payment therefor the unit rice
lump sums set forth in the followin schedule• p s or g •
The undersigned further agrees that in case of defa ' ult In executing the .required contract, with necessary. bonds, within ten X10) da s not i '
Sunday,. after Navin received n Y ► ncluding g once that the contract is ready for signature,
the proceeds of the check or bid bond accompanying his bid shall bec
perty of the Cit of Bakersf iel ome the pro-- . Y d.
Bidder acknowledges receipt of the followin addendum: g
ITEM ESTIMATED UNIT OF ITEM UNIT
N0. QUANTITY - , PRICE EXTF~ISION MEASURE ~ in figures) PRICE
(i. fi 2es)
1 81 ~ CY Roadway. Excavation.
SIC~IED
.Bidder Company
A
Address
City State Zip Code
Area Code Telephone Number
License No. and Expiration Date
THE REPRESIl~ITATIONS MADE HEREIN ARE MADE UNDER PENALTY OF
PERJURY.
D21:51016.31 Page 1 of 2 . JL.lh
ITEM ESTIMATED UNIT QF ITEM _ ND• Q~JAN2ITY MI~~RE UNIT PRICE E~'I~SI4N
fin figures} p~~
fin f i res }
2 45 ~S Ag a ate Ba g se
Class II
~ 3 25 DNS Asphalt Concrete
Tt rr~ n B
' 4 191 LF Minor Concrete
"M" Median Curb
5 22 S4YD Place As hal p t Con-
crete
Mlsc. areas}
l S~ 6 LS LS
Install Traffic Signal and Lightin
S stem g
TOTAL
. SIGNED
Bidder
G~npany
Address
Clty State Zi Code p
f }
Area Code Tele hone
p. Number
License No. and Ex iration p Date
THE REPRES~ITATIONS MADE HE
PERJURY. REIN ARE MADE UNDER P~IALTY OF
Page 2 of 2 _
D21.51016.32
JL:lh
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 ~-.he item and the
price thus obtained shall be the Unit Price.
LIST OF SUB~CO!!Pt'RACTORS
All persons or parties submitting a bid proposal on the project shall con~lete
o the following form, setting forth the name and the location of the mill, shop
or office of each sl,ibcontractor 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 THOUS DOLILARS ($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 ~Cit , State, Zi ) o€ 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 beccmme the property of the City. City, shall then be free to accept the bid of another bidder.
a
D21:51016.33 -33- JL:lh
[This form shall be canpleted by all Bidders and submitted w~th the Bid]
TRAFFIC SIC~IAL MODIFICATION ~ STOCKIaALE HIGHLY
AT RIO BRAVO DRIVE
~Y NONCOLLUSION AFFIDAVIT TO BE EXECI.~I'ED 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 C~x~~~nY
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,
or anization, or corporation; that the bid is genuine and not collusive or sham; g 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 bider has
not in an manner, directly or indirectly, sought by agreement, cammounica,tion, or Y 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
- an other bidder, or to secure any advantage against the public body awarding Y
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 indirect) ,submitted his or he-r bid price or any breakdown thereof, or the Y .contents thereof, or divulged information or data relative thereto, or paid, and
will not ,any fee to any corporation, partnership, co~mmpany, association, ICY
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 r.
D21;51016.34 -34-
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified
check," or "bidder's bond," as the case may bed, 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:
IN1PO~rANT NOfTICE 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 nano 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.
• . • • • • • • • • • • • • • • • • • • • • • • . • • • • • . • • • • • • . • • • • • • • • • • • • • • • • • • i • • • • • • • • . • • • • • . • •
Licensed in accordance with an act providing for the registration of
Contractor's .License No.
S • • • • • • • • • • • • • • • • • • • • . • • . • . • • • . • • 1~i1iW
Signature of Bidder
NOrI'E--If bidder is a corporation, the legal r,am~e 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 c~~partnership; and if
bidder is an individual, his signature shall be placed above. If
- si tore is by an agent, other than an officer of a. corporation or a 9~ m~aber of a partnership, a Pawner of Att~~rney must be on file with
the city Clerk of the City of Bakersfield prior to opening bids or
sui~aitted'with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address
Telephone No
Place of Residence 4 .
Dated 19.....
D21:51016.35 -35-
{
BIDDER'S 90ND T~0 ACOOMPANY PF~fJP~~AL (Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY T~3ESE PRESENTS:
A That we
as principal, and
as surety,
are held and firmly bound unto the City of Bakersf field, a body politic and
corporate of the State of California, in the sum of
dollars
to be id to said City, for which payments, well and truly to be made; we bind pa
ourselves, our heirs, executors and administrators, successors or assigns,
jointly and severally by these presents. _
THE C:ONDITI~1 of THIS OBLIGATI~1 IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
CTORS attached hereto,- is accepted by the Council of said City and if the ax~TRA
above bounden rinci 1, heirs, executors, administrators, successors and p ~
assi s shall dul enter into and execute a contract, to construct said gn , Y
' roven~ents aforementioned, and shall execute and deliver the two bonds
it d b law within ten da s (not including Sunday) from the date of a notice requ e y , y
to the above bounden rincipal, that said contract is ready for execution, then P
' li ation shall become null and void, otherwise it shall be and remain in this ob g
full force and effect.
IN WI~l~ESS ~IEREOF, we have hereunto set our hands and seals this day
of , 19
(Seal}
(Seal)
(Seal)
D21:5101b.36 Page 1 of 2 JL:lh
STATE OF CALIFORNIA )
ss.
CO1:)N'I'Y OF )
On this day of 19......, before me,
a notary public in and for the County of State of
California, personally appeared
% / personally knawn to me / /proved to me on the basis of
~ ~ satisfactory evidence
to be the person whose name is subscribed to the within instarument as
the Attorney In Facto
and acknowledged to me that he subscribed the name of
...........................................thereto as surety, and his awn
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
s
D21: 51016 , 37 Page 2 of 2 JL: lh
GUARANTEE
TRAFFIC SIB EQUIP~~iENT
CITY OF B~~KERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIB MODIFICATION ON STOCKI~LE HIGHLY AT RIO BRAVO 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
lanned, due to any of the above causes, all within (1) year after date on which p . d a ees to reimburse the said contract is accepted by the Clty, the underslgne gr
Cit , u n demand, for its expenses incurred in restoring said systems to the Y po
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 commence to be made and such materials as are nec-
essary shall conanence 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
D21:51016.38 -38= JL:lh
GUARANTEE
MATERIAL AND WgR1E~ANSHIP
CITY OF BAKERSFIELD
Department of Public Works .
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL MODIFICATION ON STOCKUALE HIGHWAY AT RIO BRAVO DRIVE ,
awarded on between the City of Bakersfield (hereinafter
referred to as "City"), and the undersigned, which contract provides for the
modifying of an existin traffic si nal and modif icatic.;s to an existin median q ,
island and other facilities and under which contract the undersi ed has ins 9n talled 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 nand cons4ruction 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 bein notified in g writing by the City or .the City's representative or the a en
g t of either of them, of any defects in said work or materials, we agree. to
cor~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 Cit 's representative, and shall be enfor y
ceable by either of them.
IaATED
Contractor's Name
Authorized Signature
D21:51016.39 -39- JL:lh
HOLD H~~RMI,ESS AG~EMENT
CITY OF ~~RSFIELD
IT IS HEREBY AGREED th
at
~ indemnif an a Y d hold harmless the Ci grees to
tY of Bakersfield, its
other persons a agents, employees or an galnst loss or expense inclu Y
ding attorneys fees liability i sed b ~ by reason of the
~ Y law upon the Cit ,
y' except In cases of the C. negligence, for lama a Ity'S sole g because of bodil in
` y Ju'~Y, Including death
resulting therefrom, sus at any tirr~ tained by any per~n
or persons, or on accoun to property arisin out t °f damage
g of or in consequence of
agreement n arrt~
IT IS FI~~THER - MoD AND ~"~EED that .
o tion the Contractor shall P of the City, defend (at the
the City of Bakersf ie '
ld W1th appropriate shall further bear all counsel and
costs and expenses, inclu ' ding the expense of
the defense of an su counsel, in Y it arising hereunto..
IaATED
Contractor's ~a~
Authorized Si na
9 tore
~51~1~,,~{~
_Q~
JL: lh
CONTRACT N0.
TRAFFIC SIC~IAL MODIFICATION ON STOCKLIALE HIC~Y
AT RIO BRAVO DRIVE
THIS AGREF~!~ENT, made and entered into on , by
and between the CITY OF B~~KERSFIELD, a municipal corporation, herinafter called "City," and ,hereinafter called "Contractor";
WITt~ESSETH:
V~HEREAS, City has duly advert~.sed for sealed proposals for
within the City of Bakersfield. On ,the contract was
awarded to Contractor upon his properly executed bid; and
~iERhAS, one of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
NC~W, '~~,REFORE, it is mutually agreed by and between the parties hereto.
as f of laws
ARTICLE I
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. ~lotice 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 PW1 (if required by Specifications)
DZ 1:51016.41 =1- JL: lh
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
CITY OF ~~KERSFIELD
$Y Mayor
(N~~ME OF CONTRACTOR}
By
Contractor a
APPRpVED AS TO FORM:
By
City Attorney
C(~fJN'TERSIC~IED:
By
Finance Director
ESCROW AGREEI+'IENT
FOR
SECURITY DEPOSITS I~1 LIEU OF RETENTIO[~1
THIS ESCROW AGREE!!~ENT 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 A " gent ,
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 Titled of
the Government Code of the State of California, Contractor has the o tion to
deposit securities with Escrow A n p • ge t as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract e
ntered into between the Owner and Contractor for
in the amount of dated here' t inaf ter referred to as the "Contract"). When Contractor deposits the securities as a substitu to for
Contract earnings., the Escrow Agent shall notify the Owner within ten (10) da s
of the deposit. The market value of the securi y ties at the time of the
substitution shall be at least equal to the cash amount then requ-fired 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 ursuant to the
Contract rovisions rovided p p ~ p that the Escrow Agent hold securities in the form
. and amount sped f ied above .
3. Alternatively, the Owner may make payments directl to Escrow A nt in the amount of retention for the ~ y ~
benefit of the Owner until such time as the escrow created hereunder is terminated.
D21:51016.43 -1- ~ JL:lh
4. Contractor shall be responsible for paying all fees for 'the
expenses incurred by Escrow Agent in administering the escrow account. These ex nses and payment terms shall be determined by the Contractor and Escrow
Pe 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 canplied -
.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 in~m~ediately 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
a reement and the Owner and Contractor shall hold Escrow Agent harmless from 9
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 a
Name Name
Signature Signature
Address Address
s
D21:51016.44 -2- JL:lh
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 WITlJESS WHEREOF, the parties have executed this Agreement by their
proper officers on the date first set forth above.
Owner Contractor
Title Title
Name
S i ature Signature 9n
D21:51016.45 -3- JL:lh
FAITHFUL PERFORMANCE BOND
~1pW ALL MEN BY 'THESE PRESENTS, THAT,
WHEREAS, the CITY of B~'~KERSFIELD, California, a municipal corporation, reinafter designated the "Owner," has. on 19
he awarded to a
ration or anized and doing business under and by virtue of the laws of the corpo g ,
e of California, hereinafter designated as the "Principal," a contract Stat
r the modifications to an existin traffic si al and modifications to an f•
existin median island; and
WHERf~AS, said Principal is required under the terms of said contract
h a bond for the faithful performance of said contract: to furnis
NCJh1, AFORE, WE, the Principal, and
as Surety, are held and firmly bound unto the Owner in
the sum of (100 OF AMOUNT AWi~RDED AT CtxJNCIL MEETING)
wf 1 mone of the United States, for the payment of which sum,,well and truly la u Y ~ tors administrators, and
to be made, we bind ourselves, our heirs, execu ,
successors, jointly and severally, firmly by these presents.
F THIS OBLIGATION IS SUCH, that if the above mentioned
THE CONDITION 0 'nci 1 his or its heirs, executors, administrators, successors, or assigns, Pri pa , ,
shall in all things stand to and abide by, and well and truly keep and,
faithfull rform the covenants, conditions, and agreements in the 3ald Y Pe
contract and any alterations made as therein provided, on his or their part, to
ke t and rformed at the time and in the manner therein specified, and in ~ p ~ in and shall indemnif and
all respects according to their true intent and mean g, Y
save harmless., the Owner, its officers and agents as therein stipulated, then bli ation shall become null and void; otherwise it shall be and .remain in this o g
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.
a condition recedent to the satisfactory completion of the said As p contract, the above obligation in the said amount shall hold good for a period
of one (1) ear after the completion and acceptance of the said work, during Y
which time if the above mentioned Principal, his or .its heirs, executors,
administrators, successors, or assigns shall fail to make full, complete, and
satisfacto re it and replacements or totally protect the said Owner from loss ~ ~ ear Pram the date of
of damage made evident during said. period of one y _ ce tance of said work, and resulting .from or caused by defective materials
ac p and or fault workmanship in the prosecution of the work done, the above / Y
obligation in the said amount shall remain in full force and effect. However,
an thin in this agraph to the contrary notwithstanding, the obligation of Y g Pte'
the Suret hereunder shall continue so long as any obligation of the Principal Y
remains.
D21:51016.46 Page 1 of 2 JL:lh
1
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
- accanpanyirig 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•
Seal) Signature for Surety Title
tAttach notarization form for each required signature.)
Page 2 of 2
D21:51016.47~ -47-
MATERIAL -LABOR BOND
i~1(7h1 ALL NlEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF
FIELD Count of Kern, State of California, hereinafter designated the BAKI~RS ► Y
"owner," has, on .(DATE OF COUNCIL MEETING} ,awarded to
(N~~ME OF CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of
TRAFFIC SIG~~IAL MODIFICATION ON STOCKI~ALE HIGHLY AT RIO BRAVO DRIVE
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:
NaW, THEREFORE, WE, the Principal, and (LEAVE BI~~NK FOR
BONDING COMPANY) , as Surety, are held and firmly bound unto the
Owner the nal sum of (50$ OF A1!~OUNT AWi~RDED AT C(XJNCIL MEETING) dollars ~ - }lawful money of the United States, for the payment of which spun
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 re fired b the rovisions of Sections 3247 through 3252 of the Civil L ~ Y p or
Code of the State of California, and provided that the persons, c~les,
co rations so furnishing said materials, provisions, or other supplies, ~ ~ ce of the work
appliances, or power use, in, upon, for, or .about the perforn~an 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 sams 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.
D21:5101b.48 1 JL:~
's bond shall inure to the benefit of the Owners and any and all Thl
anies and co rations and their respective assigns entitled to
persons, cep ► includin , but not limited to, file claims under applicable State law, g i n to em or
' 'vii Code Section ~181► so as to glue a right of act o th California C1 n this bond.
their assigns in any suit brought upo
' uret for value received, hereby stipulates and agrees And the said S Y► ~ addition of the terms of the
that no change, extension of time, alteration, or ,
e work to be rformed thereunder or the specifications contract or to th its obli atlons of this bond,
cc n ing the same shall, In any way, affect 9 , a y n tice of an change, extension of time, alteration, or
and it does hereby waive o Y o the s cifications.
'tion to the terms of the contract or to the work or t pe adds waives the rovisions of Sections 2819 and 2845 of the Civil
Said Surety hereby ,P Code of the State of California.
~T~SS ~EREpF► the above bounded parties have executed this IN
under their seals this day of _ 19 instrument
co rate seal of each corporate party being hereto aff lxed and the name and rpo ,
resents dui signed by its undersigned representative, pursuant to these p Y authority of its governing body.
a
Principal
(Seal)
Si ature for Principal Title
Surety
(Seal)
' ure for 5uret Title Signat Y
• lOlb.49 2 ~ D21.5