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HomeMy WebLinkAbout1990 Special Provisions Project 51018COPY N0. ' CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR FLASHING YELLOW BEACONS - PLANZ ROAD AT ACTIS STREET ~ BID OPENING: IaATE June 28, 1990 TIME 2:00 P.M. PR~ECT N0. 51018 ~ z r ~OFESS~O aQ ti ~~N l• ~,g F ~ r ~ DEP OF PUBLIC WnRKS CITY OF ~ ~ m B+~FIELD ~ m 1501 AVJENUE ~a BAKERSFIELD, CA 93301 Xp, •31.y~Z Telephone: (805) 326-3724 S~ q CIV ~ OF ~pLIF D15:51020 JRL:lh A CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield,,California, until 2:00 o'clock P.M. on June 28, 1990 to be publicly opened and read in~nediately thereafter, for the following work: INSTALLATION OF FLASHING YELLOW BEACONS AT PLANZ ROAD AND ACTIS STREET Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of ZERO -0-)for each ccxnplete set. Refund of deposit will be made provided the plans and specif ications.are returned to the Purchasing Officer within ten (10) days from date of bid opening and the documents are in reasonable good condition, No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the. project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1,07 of the said Sect-ion 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall. be .permitted pursuant to the provisions and requirements of Government Code 4590. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor must possess a valid Class A or Class C-10 Contractor's License at the time this contract is awarded. The work contemplated shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 198$, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, ,Bakersfield, California. Dl 5:51020.1 -1- JRL:lh GENERAL DESCRIPTION OF WORK The work to be performed consists, in general, of installation of flashing yellow beacons at Planz Road and Actis Street. CITY OF BAKERSFIELD EDGAR W. SCHULZ Public Works Director D15:51020.2 -2- JRL:lh CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, January 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions .shall take precedence over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: City - City of Bakersfield, California. Department of Transportation, CALTI~ANS - The Engineering Department of the City of Bakersfield. Director - City Engineer. Engineer - The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory, authorized by the City to test materials and work involved in the contract. Standard Specifications - Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 1988. State - The City of Bakersfield. State Contract Act - Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. C D15:51020.3 -3- JRL:Ih SECTION 2. PRpPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M, on -June 28, 1990 sealed proposals for INSTALLATION OF FLASHING YELLOG~1 BEACONS - PLANZ ROAD AT ACTIS STREET 2-1.02 APPREXIMATE 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 PREVISIONS, AND SITE OF WnRK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1,04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IR]E~~GULARITIES. 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 immediately following these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name, telephone number and post office address must be 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. D15:51020.4 -4- JRL:lh 2-1.06 BIDDER' S GUAR~~NTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to~the City of. Bakersfield, for an amount equal to at least ten percent (10~) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. 2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRAC'IbRS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties far a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the Subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions from the drawings.or the specifications of the materials or details.. of work which are manifestly or obviously necessary to carry out the _ intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.10 PUBLIC OPENING OF PROP~~SALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. D15:51020.5 -5- JRL:lh Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend, for a period of up to three .years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, .collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State. University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit~a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract,. if it be .awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50~) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed D15:51020.6 -6- JRL:lh on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CON'CRACT. 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 GUARANTEES. Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they .will be returned to the respective bidders whose proposals .they acccxnpany. SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions, The first paragraph of Section 8-1.03, "Beginning of 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 20 working days. Contract working days will co~~nence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. Q 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. D15:51020.7 -7- JRL:lh Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen (15) calendar days from the date of the ti contract. Said statement shall show the date or dates the electrical materials will be shipped. No work shall begin on the project without prior written approval of the Engineer until all components necessary for operation of the signal system are on hand, The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components. The number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing. SECTION 5. GENERAL 5-1.01 STATE CONTRACT ACT NOT APPLICABLE.. Sections 1-1.40, "State Contract Act," and 9-1.10,."Arbitration,." of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption ,and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they .are not obligated to submit the. matter to arbitration in any form (although they may do so upon written agreement), 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases in work totaling more than ten percent (10~) of the contract amount shall be processed as a change order subject to approval by the City, 5-1.03 CONTR~JL OF WI~RK. Control of work shall conform to the provisions in Section 5, "CO~JTROL OF WORK," of the Standard Specifications and these special provisions, Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by !dding the following. paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of .the Standard Specifications is amended by adding the following paragraph after the first paragraph:.' D15:51020.8 -8- JRL:lh to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.OlA(5), "Apprentices,'° of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the 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: 1. A copy of a "Request for an Application for a Certificate of Approval to Employ and Train Apprentices on Public works." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or Form Pw 1, enclosed with these specifications. 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Conanittee 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 TWENTY-FIVE THOUSAND DOLLARS ( $25, 400) for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed. plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been su~nitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, D15:51020.10 -10- JRL:lh 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 S(~C~1D CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This 9 00 , requirement in no way relieves the Contractor from responslbllity for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related. to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses all char es and fees, and give all notices necessary and ' ~y g ll incidental to the due and lawful prosecution of the work from any and a overnmental organization which require such permits, licenses or fees. The g Contractor shall procure a business license in the City of Bakersfield. 5-1,11 WORKING HOURS, Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written a royal from the Construction Engineer is required for work beyond these limits. pP 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 I~~WS TO BE OBSERVED. The Contractor shall keep himself fully ° informed of .all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this ° section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow an Subcontractor to commence work on his subcontract until said Y D15:51020.11 -11- JRL:lh certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1,13A HOLD H~~RMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute .and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 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: Autcn~obile liability insurance, providing coverage on an occurrence basis for bodily injury, Including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and The automobile liability policies shall provide coverage for owned, non-owned and hired autos. General liability insurance, providing coverage on an occurrence basis for bodily injury, Including death, of one or more persons, property .damage and personal injury,~with limits of not less than one million ($1,000,000) per occurrence. The liability policies shall-provide contractual liability coverage for the terms of this agreement. The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers; Workers' c nsation with statuto limits and a to er's liabilit insurance with limits, of not less than one million ( 1,000,000) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written D15:51020.12 -12- JRL:lh 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 a 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 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section ' 7-1,165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.16 fi~RK 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 RSGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the .City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it ~as the City Council may designate. Upon such suspension, the Contractor's. control shall terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work D15:51020.13 -13- JRL:lh or any part thereof . Any excess of cost arising therefrc~n 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 TEMPORARY 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 tiny as he may deem necessary, due to the failure on the. part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall in~diately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.20 PAYMENTS. Attention is directed to Sections 9-1..06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions, No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. D15:51020.14 -14- JRL:lh 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 W designated by said Director will review such claims and make written reconunendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Off ice and after execution and return by the Contractor of the attached GU~EE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective. work or improper materials. And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed. under the contract or any alteration thereof. 5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 18-1.05., "PAYMENT". Third paragraph of Section 24-1.08, °'PAYMENT". Second paragraph of Section 36-1.07, °'PAYMENT" . Tenth paragraph of Section 39-8.02, "PAYMENT". 5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. SECTION 6. CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these D15:51020.15 -15- JRL:lh special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORRONI, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition, If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which .conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits. shall govern over the conflicting requirements of this section provided the permit requirements have been approved by-the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. SECTION 7. CONSTRUCTION DETAILS SECTION ?-1 GENERAL 7-1.01 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. D15:51020.16 -16- JRL:lh 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 improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or otherimprovements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate 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 con&orming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. 7-1.02 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags .and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer, The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.48, "Public Con~~~nience," of the Standard Specifications, shall be amended to read as follows: D15:51020.17 -17- JRL:lh Construct*on operations shall be actively in progress only between the hours of [8:30 AM-4:00 PM], Monday through Friday. Where construction operations are actively in progress, a minimum of one traffic lane, not less than twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in progress, not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of shoulders .necessary for the acco~Ym~odation of public traffic thereon during u paving operations. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance of any construction. The Contractor shall report all accidents to the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor. 7-1.03 EXISTING HIC~iWAY FACILITIES, The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated-and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT. Full compensation for conforming to the requirements of the two preceeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 7-1.04 ROADSIDE SIGNS. Roadside 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 D15:51020.18 -18- JRL:lh . TS-4. Where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto han~nering 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. M]~ASUR]~MENT AND PAYMENT. 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). 7-1.05 OVERHEAD SIGNS. Overhead signs shall conform to the applicable pro lv sions in Section 56, "Signs," of the Standard Specifications and these special provisions. Mast-arm hangers for street name signs will be furnished and installed by the City. Street name si ns will be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins MlOJ 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 overhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing. beacon, or c~nbination thereof . SECTION 7-2 TRAFFIC SIG1~1AtS, LIGHTING, SIGNING, AND STRIPING SECTION 7-2 TRAFFIC SIC~~~L5 AND LIGHTING 7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused. Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except for pile foundations shall contain not less than 564 pounds of cent per cubic yard. 7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings will be required on natal conduit. Conduit shall be .bored under existing street pavement unless open trenching is allowed by the Engineer due to poor soil conditions or other circumstances. D15:51020.19 -19-- JRL:lh 7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, "Splicing," of the Standard Specifications are deleted. Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13. Splices shall be insulated by "Method B." 7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "service," of the Standard Specifications and these special provisions. Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 15 amp, 120 volt, 3 pole main breaker. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility. 7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86-2.14C "Functional Testing," of the Standard Specifications and the following paragraph: Functional test period is included in the number of working days to complete the .project" as described in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUILIATED LIAMAGES" of these special provisions. 7-2.07 SIt~1AL FACES AND SIC~AL HEAD6. 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, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional louvers and Backplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the Contractor. All signal faces shall be provided with 12-inch sections. 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: D15:51020.20 -20- JRL:lh Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.08 CONTROLLERS AND AUXILIARY EQUIPMENT. The Controller assembly and auxiliary equipment shall conform to the provisions of Section 86-3.01 "Controller Assembly," Section 86-3.08L "Flasher" and Section 86-3.09 "Components" of the Standard Specifications and these special provisions. Solid state controller shall be as shc~vn on the plans. 7-2.09 GU~EE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the` City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions. 7-2.10 PAY~KENT. 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. z D15:51020.21 -21- JRL:lh PROPOSAL FOR INSTALLATION OF FLASHING YELLaW BEACONS - PLANZ ROAD AT ACTIS STREET To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes and - agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that. he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10} days, not including Sunday, after having received notice that the .contract }s ready for signature, the proceeds of the check or bid bond accompanying his bid shall, becarr~ the pro- perty of the City of Bakersfield. .Bidder acknowledges receipt of the following addendum: ITF~I ESTIMATED UNIT~OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE - (in figures) PRICE (in fi res} 1 1 LS Flashing Yellow Beacon SIGNED Total $ Bidder Company Address City State Zip Code ( ) Area Code Telephone Number License No, and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MAID UNDER PENALTY OF PERJ[JRY. D15:51020.22 -22- JRL: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 the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop , or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of .one-half of one (1$} percent of prime Contractor's total bid, or TEN THOUSAND 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 (City, State, Zip} ~ - of work subcontracted (attach additional sheets if needed} If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within eight (8) days, not including Saturdays, Sundays and legal holidays, after the- bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. D20:51020,22A -22A- ~ JRL:lh [This form shall be cc~npleted by all Bidders and submitted w~th the Bid]- INSTALLATION OF FLASHING YELLaW BEACONS - PLANZ R/JAD AT ACTIS S''CREET NONCOLLUSION AFFIDAVIT TO BE EXE~D 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 ~~Y 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 ut in a false or sham bid, and has not directly or indirectly p , colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or ~ cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted .his or her bid price or any breakdavn thereof, or the contents thereof, or divulged information or data relative thereto, or paid, .and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.n Signature of Bidder Business Address a Place of .Residence Subscribed and sworn to before me this day of , 19 . D15:51020.23 -23-~ ~ JRL:lh Accompanying this proposal is NOTICE: Insert the words."cash "cashier's check," "certified check," or "bidder's .bond," as the case may be), in an~unt equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. .•~•••••.•••••••••••.•••••~••e••••••••••••••.•.••••••••••••.•.••••••••••.•,••••e ••••••.•••••••••••••,•••••.•••.••••••••••••••o•••••••••••••••.••••••.•••.•.•••.• Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE .•••.•••••••,•••..••r.•.••••••••••~••••• Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be ,set forth above toc~ther with the signature of the officer or officers authorized to sign contracts on behalf of the. corporation; if bidder is~a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above, If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Paver of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone. No. Place of Residence Dated 19..... D20:51020.23A ~ -23A- JRL:lh BIDDER'S BOND TO ACCOMPANY PROPOSAL (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESE~dTS: That we as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, , jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: - That if the certain proposal, hereunto annexed, to install flashing yellow beacons at Planz Road and Actis Street. in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council~of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a~contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 (Seal) (Seal) (Seal) D15:51020.24 Page 1 of 2 JRL:lh STATE OF CALIFORNIA ) ss. COU~~1'1'Y OF ) On this day of 19......, before, me, a notary public in and for the County of State of California, personally appeared / / personally known to me / proved to me on the basis of - - satisfactory evidence to be the person whose name is subscribed to the within instrument as the Attorney In Fact of and acknowledged to me that he subscribed the name of ....................................,.......thereto as surety, and his awn name as Attorney in Fact. IN WITNESS WHEREOF I have. hereunto set m' 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 a 4 D15:51020.25 Page 2 of 2 JRL:lh GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. , for: FLASHING YELLOW BEACONS AT PLANZ ROAD AND ACTIS STREET , awarded on between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the installation of li htin and/or traffic si al s stem , and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair, said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replace- ments itself or to have such replacements or repairs-done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the .undersigned agrees that the repairs shall commence to be made and such materials as are nec- essary shall commence to be furnished and installed within Twenty-Four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable. period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guar- antee in the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor's Signature Firm Address D15:51020.26 -26- JRL:lh HOLD HAIRMLESS AGREEMENT CITY OF B~~KERSFIELD IT IS HEREBY AGREED that , agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of agreement name) IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall fat the option of the City}, defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the expense of counsel, in the defense of any suit arising hereunto. DATED Contractor's Name Authorized Signature D20 : 510 20.27A - 27A- JRL: lh CONTRACT N0. FLASHING YELLOW BEACONS - PLANZ ROAD AT ACTIS STREET - CITY OF BAKERSFIELD THIS AGREEMENT, made and entered into on , by and between the CITY OF B~~KERSFIELD, a municipal corporation, herinafter called "City," and , hereinafter called "Contractor"; WITNESSETH: WHERI~AS, City has duly advertised for sealed proposals for within the City of Bakersfield. On the contract was awarded to Contractor upon his properly executed bid; and WHEREAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. NAT, THEREFORE, it is mutually agreed by and between the parties hereto as follows ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for within the City of Bakersfield. ARTICLE II . The following shall be deemed to be part of this contract as if fully set forth herein: 1. Notice to Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance Bond 6. Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. .y 9. Hold Harmless Agreement 10 Current PW1 (if required by Specifications D15:51020.28 -1- ,JRL:lh IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day .and year first-above written. CITY OF B~~KERSFIELD By P~ayor (NAME OF CONTRACTOR} By Contractor APPRf~VED AS 'PO FORM: By City Attorney COUNTERSIGNED: By Finance Director D15:51020.29 _ -2- JRL:lh ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREF~!~ENT is made and entered into by and between CITY OF ~~►KERSFIELD, a municipal corporation, hereinafter called "Owner," whose address is , and hereinafter called "Contractor", whose address is , and hereinafter called "Escrow Agent", whose address is , For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section X590 of Chapter 13 of Division 5 of Title 1 of the. Government Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated thereinafter referred to as the "Contract"~. When Contractor deposits the securities as a substitute .for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the. Contract between the Owner and Contractor. Securities shall be held in the name of , and shall designate the Contractor as the beneficial owner. 2. .The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold. securities in the form and amount specified above. 3. Alternatively, the Owner may make payr~nts directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. D20:51020.29A -1- JRL:lh 1 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account.. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escr~ 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 aright 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 in~nediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent-shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4~ to (61, inclusive, of this agreement-and the Owner and Contractor. shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10, The names of-the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address D20:51020.29B -2- JRL: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 WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above, Owner Contractor Title Title Name Name r~~~~A Signature Signature D20:51020.29C -3- JRL:lh FAITHFUL PERFOR~~IANCE BOND . KNOW ALL MEN BY 'THESE PRESENTS, THAT, ~3ER~~AS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on , 19 , awarded to ~ a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for the and WHER~~AS, said Principal is required under. the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner in the sum of ~100~ OF AMOUNT AC~RDED AT COUNCIL MEETING} lawful money of the United States, for the payn~nt of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and. faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain, in -full force and virtue and Principal. and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one ~ 1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs., executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. D20:51020.29D Page 1, of 2 JRL:lh And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , the name .and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) ~ Signature for Principal Title Surety By• (Seal) Signature for Surety ~ Title (Attach notarization form for each required signature.) Page 2 of 2 D20:51020.29E JRL:lh MATERIAL - LABOR B~4ND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF ~~KERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on , awarded to hereinafter designated as the "Principal," a contract for the construction of FLASHING YELLO~iti1 BEACONS - PLANZ ROAD AT ACTIS STREET WHERI~AS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall 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: NC~T, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of (50~ OF AMOUNT A~►RDED AT C(JUNCIL MEETING) dollars ~ $ ) lawful n~ney of the United States, for the payment of ,which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or pacer use, in, upon, for, or about the performance of the work contracted. to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. - D15:51020.30 1 JRL:lh A