HomeMy WebLinkAbout1991 Special Provisions Project 61010COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
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TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD @ HUGHES LANE.
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BID OPENING: DATE February 14, 1991
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TIME 2:00 P.M.
PROJECT N0. 61010
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DEPARTI~NT OF PUBLIC WORKS CITY OF BAKERSFIELD ~ EXP Z• Z
1501 TRUXTUN AVENUE
BARERSFIELD, CA 93301 ~j~ C (v ~~P
Telephone: (805) 326-3724 ~~~FGA~-~F~
01/23/91
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS wil 1 be received by the City of .Baker. sf field at the Office of
the Purchasing Officer., City Hall, 1501 Truxtun Avenue, Bakersfield, Calif or.nia,
until 2:00 o'clock P.M. on February 14, 1991 to be publicly opened and read
immediately they. eaf ter. , for, the f of lowing work:
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD @ HUGHES LANE.
Plans and specifications., and forms of proposal, bonds, and contract, may be
obtained at the office of the Purchasing Officer. by posting a refundable deposit of
ZERO 0.00) for. each complete set. Refund of deposit will be
made provided the plans and specifications are returned to the Purchasing Officer
within ten (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 Pur. chasing Officer. , which appear. s herein immediately f of 1 owing the SPECIAL
PROVISIONS of the project, and is made in accordance with the provisions set fo►-th
under. Section Z, "Pr.oposal Requirements and Conditions" of the Standard
Specifications. Each bid must be accompanied by a proposal guarantee in accordance
with the r.equir.ements of article 2=1.07 of the's3id Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or. all bids. Bids
are r.equir.ed on the entire caork described herein.
Substitution of securities for. moneys retained to ensure performance shall be
pe rmit ced pursuant to the provisions and requirement s of Public Contracts Code 22304. Eligible securities include interest bearing demand deposit accounts, standby letters
of credit, o~r. any other. secur. i ty 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 "Escr.ow agreement. for. Security Deposits in Lieu of~
Retention" included in the back of these special provisions.
The Contr. actor. must possess a valid Class A or. Class C-10 Contr.actor.'s License ar_ the time this contr.-act is awar.ded~.
The work contemplated shall be~done in accordance with the Standard
Specifications of the Department of Transportation, Business and Tr.anspor.tation
Agency, dated January, 1988, insofar. as the same may apply. ;
Pursuant to Part 7 of Division 2 of the Calif or.nia Labor. Code (Section 17.20 et seq.) the Contr. actor. shall not pay less than the prevailing rate of wages to
workers on this project as determined by the Director. of Calif or.nia Department of
Industr. ial Relations. The Director.' s schedule of pr. evaili.ng rates is on file and
open for inspect ion at the City of Baker. sf iel d, Depar. tment of Public Works, 1501
Truxtun Avenue, Bakersfield, California.
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~ ENERAL DESCRIPTIC)N of WDAK
The work to be performed consists, in .general, of modifying the existing
traffic signal as per plans and specifications. ~ .
.CITY OF BAKERSFIELD
EI~AR W. SCHULZ
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA b
DEPARTMENT OF PUBLIC W0°itKS
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 Calif ornia, Department of
Transportation, Standard Specifications, January 1988," as referenced herein,
insofar. as the same may apply, which specifications ar. e hereinaf ter. refer. red 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~pr.ovisions 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 Ter.ms," 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 Ba~tier.sf field, California.
Depar. tment of Transpor. tation, CALTRANS - The Engineer. ing Department of
the City of .Baker.sf field.
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 Civty to test
materials and wor.'K involved in the contract.
Standard Specifications - Standard Specifications of the Department of
Transportation, Business and Transportation Agency, dated January, 198$.
State - The City of ~ Baker. sf field.
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 intentand meaning
specified in ~~Section 1, .Definition of Terms of the Standard Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer. of the City of
Bake rsfield, Calif or.nia, will receive at her.~offi.ce, City Hall,-1501 Truxtun
Avenue, in said-City, until 2 o'clock P.M. on February 14, 1991 sealed pr. oposals for.
TRAFFIC SIGNAL ~IODIFICAITON ON WILSON RAOD @ HUGHES LANE.
2-1.02 APPROXIMATE ESTIMATE. The Engineer.'s estimate of the
quantities of work to be done and materials to be furnished ar.e 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..
Z-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS,, AND
SITE OF WORK. The bidder. is r.equir.ed 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
encounter. ed, the char. acter. , quality, and quantities of work to be .per. f ormed 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
IRREGULARITIES. Proposals may be rejected if they show any alterations of form,
additions not called for., conditional or. alternative bids, incomplete bids, A
erasures or. ir.r.egular.ities of any kind. Proposals in which the prices obviously
are unbalanced may be rejected.
The right is reserved to r.~ject any and all proposals and waive any ir.r.egular.ity.
2-1.05 PROPOSAL. FORM. All proposals must be made upon blank forms to
be obtained from the Purchasing Officer. , the f orm of which appear. s her. ein
immediately following these special provisions. A11 proposals must give the
pr. ices 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 .off-ice address must be shown. If made by a firm or. partnership, the name and post office addr. ess of each member. of the f irm or. par. tner. ship must
be shown. If made by a corporation, the p-r.oposal must show the names of the
.state under. the laws of which the corporation was char.ter.ed and the names,
titles, and business addresses of the president, secr.etar..y and tr.easur.er•
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2-1.Ob BIDDER'S GUARANTEE. All bids shall be presented under. sealed
cover.-and shall be accompanied by a Proposal Guaranty made payable to the City of
Bakersfield, for. an amount equal to at least ten percent (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 SUBCONTRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor. to whom the
bidder. pr. oposes to subcontr. act por. t ions of the work. in the amount of 1 /2 of one
percent of his total bid or. $10,000, whichever. is greater., in accordance with the
Subletting and Subcontracting Fair. Practices Act, commencing with Section 4100 of
the Public Contract Code. The bidder.'s attention is invited to other. provisions
of said Act related to the imposition of penalties for. a failure to observe its provisions by using unauthorized s~bcontr.actors or. by making unauthorized
substitutions.
A sheet for. listing the Subcontractors, as r.equir.ed herein, is included
in the Proposal.
Bidders ar.e cautioned that-. this listing requir.er~ent is in addition to the r. equirement to pr. ovide a list of DB~C 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 ar.e customarily fur.nishe~ or.
performed, shall not relieve the Contractor. of his responsibility for. furnishing
such omitted materials or. performing such omitted wor.?c; but shall be furnished or.
performed.,as if fully shown or. described in the drawings or. specifications.
N 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 r.epr.esentative. 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 PROPOSALS. Proposals will be opened and read
publicly at the time and place indicated in the ".Notice to Contractors.'"
Bidders or. their. authorized agents ar.e invited to be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contr. act Code Sections 5100 to 5107,. inclusive, concerning relief of
bidder. s and in par. t icular. to the r. equir. ement ther. ein, 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.
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Public Contract Code ,Section 10285.1 (Chapter. 37b, Stats, 1985)
pr. ovides as f o.llows
Any state agency may suspend, for. a period of up to three years from the date of convict ion, any per. son f r. om bidding upon, or. being awar. ded,
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
per. son, or. any pa.r. tner. , member. , officer. , dir. ector. , r, esponsible 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 c~ontr.act, 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 Calif ornia
or. the Trustees of the Calif ornia State University. A state agency may
determine the eligibility of any person to enter. into a contract under.
thin article by requiring the person to submit a statement under.
penalty of per. jury declaring that neither. the person. nor. any subcontractor. to be engaged by the person has been convicted of any of
the offenses r.efer.red to in this section within the preceding three
years.
A form for. the statement r.equir.ed by Section 102$5.1 is inciuded in the
proposal. .
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an
individual, firm, par.tner.ship, corporation, or. combination thereof under. the
name,. 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
r. e jection of al l pr. oposals in which such. individual, fir. m, par_ tner. ship, corporation
or. combination thereof is interested. If there is reason for. believing that collusion exists among the bidders any or all pr. oposals may be rejected.
Proposals in which the prices obviously ar.e unbalanced may be rejected,
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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" r.efer.s to not only _ the attribute of trustworthiness, but also to the quality, fitness and capacity
of low bidder.- to satisfactorily per.f orm the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be
awar. ded, will be made within f or. ty-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 insured by an admitted surety insurer. as set forth in Title
XIV, Chapter. 2, Ar. title 6 of the Calif ornia Code of Civil Pr. ocedur. es. 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 pr. ice. The other. of the said bonds shall be in an amount of fifty
percent (50%) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed on the job under. the contract and shall
be in the amount and satisfy the r.equir.ements specified in Section 3248 of the
Calif or.nia Civil Code.
Whenever. any Surety or. sureties on any such bonds, or. on any bonds
required by law for. the ~pr.otection of the claims of labor.er.s 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 wor.'~ remaining to be done. Thereafter. no payment shall be made upon such
contr. act to the Contractor or. any assignee of the Contractor. until such further.
bond or. bonds or. additional surety has. been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the
successful bidder. and returned, together. with the contr. act 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 Rake r.s.field, 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 contr. act, 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 contr. act has been finally
executed, after. which they will be returned to the respective bidders whose
proposals they accompany.
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J
SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the pr.ovisi~ns of Section
8, Article 8-1.03, "Beginning of Work," Article 8-l.Ob, "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 f ir. st par. agr. aph of Sect ion $-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 to proceed. The Contractor.
shall diligently prosecute the same to completion before the
expiration of 40 working days.
Contract working days will commence from the date the
Contr. actor. begins work or. the .15th calendar. day f r.om the date of the written notice to proceed, whichever.. comes first.. -
The Contr. actor. shall pay to .the City of Bakersfield the. sum of $240.00
per. day for. each and every calendar. day's delay in finishing the wor.?~, i n excess
of. the number. of working days pr. escr. ibed above.
Full .compensation for. conforming, to the r. equir. ements of above par. agr. aph shall be considered as included in the prices paid 'for. the various items of work
and no additional allowance wi1.1 be made the r. ofor..
The Contractor. shall furnish the Engineer. with a statement from
the vendor. that the or. der. for. the electr. ical mater. i als requir. ed for. this.
contract has been received and accepted by said vendor., and. said statement
shall be furnished within fifteen (15) calendar.. days from the date of the contract. Said statement shall show the date or. dates the eleetr.ical
materials will be shipped.
N o work shall begin on the project without prior. written apps. oval
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 begi-n prior. to delivery of
all signal system components. The number. of days extension shall be the
working days between the date as deter. mined 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 or. de r. start of work in
wr.icing.
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SECTION 5. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State
Contr. act 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 or. decreases in work
exceeding an amount of $.10,000 or. which, together. with all other. previously
approved change orders for.~that contract exceeds twenty-five percent (25%) of the
original contract amount, must be auth~or.ized by the City Council.
5-1.43 CONTROL OF~WORK. Control of work shall conform to the provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications
and these ,special provisions.
Section 5-1.02 "Plans and Wor.'~,ing Drawings", of -the $tandar.d
Specifications is amended by adding the following par.agr.aph after. the fourth
par.agr.aph:
Working drawings or. plans for. any struetur.e 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 wr.icing by the Engineer..
' Section 5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragr. aph after. the f ir. st par. agr. aph:
Three consecutive points shown on the same rate- o~ slope must be
used in common, in order to detect any variation fr.orn a straight grade,
and in case any such discrepancy exists, it must be r.epor.ted to the
Engineer.. If such, a discr. epancy ~is not r. epor. ted to the Engineer. , the
Contr. actor. shall be responsible for. any er.r.or. in the finished work.
Thy second paragraph in Section~5-1.07, "Lines and Grades" of the Standard Specifications is .amended to r. ead:
u When the Contractor. requires such stakes or. marks, he shall notify
the Engineer. of his requirements in writing a reasonable length of
time in advance of starting operations that require such stakes or
marks. In no event, shall a notice of less than 24 hours be considered
a reasonable length of time.
Section 5-1.08., "Inspection"'of the Standard Specifications is amended
by adding the following par.agr.aph after. the first paragraph:
Whenever. the Contractor. varies the period during which work is
carried on each day, he shall give due notice to the Engineer., so that
proper. inspection may be pr.ovi.ded. Any work done in the absence of the Engineer. will be subject to rejection.
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5-1.04 PREVAILING WAGES. Pur. suant to Chapter. 1 of Par. t 7 of
Division 2 of the Labor Code (commencing with Section 1720), Contractor. agrees
that in performing said work, by himself or. through any subcontr:actor., eight
hour. s' labor. shall be a day's work and for. ty hour, s' labor. shall be a week's work,
and that Contractor shall keep .an accurate record showing the name and actual
hours worked for. all workers employed in said work, and that said, record shall be kept open at all reasonable hours for. inspection pursuant to Section 1812 of the
Labor. Code. The Contractor. and all Subcontractors shall pay not less than the
ge neral 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 Calif or.nia Department of Industrial Relations, and his
schedule of prevailing rates is on file and available for. inspection in the
Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working
hours and shall have the right to question workers at any time concerning the
wages being paid. Contractor. shall not inter.fer.e in any way with the City's
night to investigate conf ormance with the wage provisions of this contract.
Contr. actor. shall forfeit to the City for. each worker. employed for_ each
calendar. day or. portion thereof : '
a. TWENTY-FIVE DOLLARS ($25} pursuant to Section 1775 of the Labor.
Code, per. worker. paid less than the a~aount to which he is entitled
under. said general prevailing rate of wages,; and
,b. TWENTY-FIVE DOLLARS ($25) pursuant to Section .1813 of the Labor.
Code, per. worker. required to work more than eight (8} hours per. day or. more than forty (40) hours per. week, except as provided in
Section 1815 of the Labor. Code.
5-1.0$ PAYROLL RECORDS. The fourth par.agr.aph in Section 7-1.01A(3),
"Payr.oll Records," of the Standard Specifications is deleted and shall not apply
to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section
7-1.O1A(4), "Labor Nondiscr.imination," of the Standard Specifications and these
special pr. ovisions.
Attention is also directed to the r.equir.ements of the California Fair
Employment and Housing Act (Gover.nment 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 Contr.actor.'s attention is directed to Article
7-1.OlA(5), "Apprentices," of the Standard Specifications. A11 Contractors and
Subcontractors shall comply with the pr. ovisions of Labor. Code Sections, 1777.5,
1777.6, and 1777.7 relating to the employment of apprentices.
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If the Contr. actor. does not have a union contract which provides for.
apprentices,-the Contr. actor. 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 letter. head or. DAS 140,
enclosed with these. specifications.
2. A copy of an approval to employ and train apprentices from the
local Department of Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint
Apprenticeship Committee providing for. apprentices.
One of the above shall be submitted by the low bidder. to the City of
Bakersfield Purchasing Division, within two (2) working dais following-the bid opening.
5-1.08, TRENCH SAFETY. The Contractor. shall comply with Section 67Q5
of the Labor. Code which provides that the Cont.r.actor's responsibility shall be as
follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for. excavation of any
trench or. trenches five .feet or. more in depth, the Contractor. or. his
,Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or. other.
provisions to be made for. worker. protection during the excavation of the
trench, has been submitted by the Contractor. to the City Engineer. and
.the detailed plans has been approved by the City Engineer..
If such plan varies from the shoring system standards established by the
Construction Safety Or.der.s of the Division of .Industrial Safety, the plan shall be
prepared by a Registered Civil or. Structural E ngineer..
Nothing in this section shall be deemed to allow the use. of a shoring,
sloping, or. protective system less effective than that r.equir.ed by the
Construction Safety Or. dens of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on
the awarding body or. any of its employees.
The terms "Public Works" and,"Awarding Body," as used in this section,
shall have the same meaning as in Labor. Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.O1I, "Sound Control Requirements," of the Standard
Specifications and these special provisions.
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The noise level from the .Contr. actor.`' s operations, between the hour. s of
9:00 P.M. and b:00 A.M., shall not exceed .8b dbA at a distance of 50 ..feet. This
requirement in no way relieves the Contractor. from responsibility for. complying
with local or. dinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or. related to the job, including but not limited to trucks, transit mixers or.
transient equipment that may or. may not be owned by the Contractor.. The use of
loud sound signals shall be avoided in favor. of light warnings except those
required by safety laws for. the protection of personnel.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for. the various contract items of work involved and. no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor. shall procure all permits
.and. licenses, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work from any and all
governmental organization which require such permits, licenses or. fees. The
Contr. actor. 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. Anil deviations must be requested and in writing and
directed to the Construction Engineer. at-the Pre-Job Conference. Written
appr. oval f r. om the Construct ion Engineer. is r. equir. ed for. wor.'~. beyond these limits,
Any time work proceeds beyond the time limits or. on holidays or. weekends, the
Contractor. will be charged for. all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor. shall keep himself fully
informed of all existing and future State and National lacas~ 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 a~.1 suc,h or. dens 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 r.equir_ed under. this
section and the required certificates of ~insur.ance have been filed with and
approved by-the City Risk Manager. and the Public Works Department, nor. shall the
Contractor. allow any Subcontractor. to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager.
and the Public Works Department. Contr. actor. shall be responsible for. any
deductibles under, all required insurance policies.
5-1.13A HOLD HARMLESS. 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 az~y 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.
D30:b1010.12 -12- GW:wrn
5-1.138 INSURANCE. In addition to any other. form of insurance or. bond
required under. the terms of this agreement and specifications, the
Contractor. shall procure and maintain for. the duration of this
agreement the following types and limits of insurance:
_ Automobile liability insurance, providing coverage on an occurrence basis for. bodily injury, including death, of one or. more persons,
property damage and personal injury, with limits of not less than one
million ($1,000,000) per. occurrence; and
The automobile liability policies .shall provide coverage for. owned,
non-owned and hired autos.
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.
Thy 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' compensation with statutory limits and employer.'s liability
insurance with limits of not less than one million ($1,000,000) per.
accident.
The workers' compensation policy shall contain a waiver. of subrogation
endor. cement in favor. of the City, its mayor. , counci 1, of f icer. s, agents,
employees and volunteers.
A11 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~pr.ovided by or. on behalf of the subcontractors
.to cover. their. operations.
The insurance required under. this agreeme nt shall be maintained
until all work required to be performed under. the terms of this
agreement is satisfactorily completed as evidenced by f ormal
acceptance by the City.
D30:61010.13 -13- GW:wrn
All costs of insurance required under. this agreement shall be
included in the Contractor.'s bid, and no additional allowance will
be made for. additional costs which may be required by extension of
the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contr, act or. shall pr. ovide the City with the f or. eman' s or. super. intendent' s name who
- will be in charge of this. ~pr. o ject.
5-1.15 DAMAGEBY STORM, FLOOD, TIDAL WAVE 4R EARTHQUAKE. Section
7-1.1b5, "Damage by Storm, Flood, Tidal wave. or. Ear.thquake," of the Standard
Specifications.isdeleted and shall not apply to this contract.
5~-l.lb WORK IN CITY STREETS. All of~the workshown on-the plans and
included in these specifications that is ,located in the public streets in the City
of Bake rsfield shall be~done in accordance with City Or.dinanc~ regulating the use
of public streets within the City, except as otherwisepr.ovided herein.
Thy Contractor.~shall inform himself as to all regulations and
requirements of the City Engineer. and Super. intendent of S~r.eets of the City of
Bakersfield and shall conduct his operations incompliance therewith.
5-1.17 RIGHT OF wAY. The r. igh~t of way for. the work to be constructed
will be provided by the City. The Contractor. sha1.1 make his own ar.r.angements,
and pay all expenses for. additional area required by him outside of the limits of
nigh 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 f or. ce, or. mater. ial of pr. oper. 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 Engi-veer. may deem pr.oper.; 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 7
contract~pr.ice will be charged against the .Contractor and his sureties, who will
be ~ li able they. ef~or.. In ~ the event of such suspens i on,~ all money due .the
Contractor. or. retainedunder. the terms of this contract shall be forfeited to the
D34:61010.14 -14- GW:wrn
City; but such forefeiture will not release the contractor. or. his sureties from
liability or, failure to fulfill the contr. act. 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 worlt 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
there of, 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 time
as he may deem necessary,-due to the failure on the part of the Contractor. to
car. ry out or. ders given, or. to per. f orm any pr. ovisions of the work. The Contr. actor.
shall immediately obey such order. of the Engineer. and shall not resume the work
until ordered in writing by the Engineer..
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Par.tial
Payments," and ~-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.
S-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and
r. equir. eraents of Ar. tide 9-1.07B, "Final Payment and Claims, " of the. Standar. d
Specifications, the following shall apply:
The City may withhold funds, or. because of subsequently discovered,
facts, nullify the whole or. any par. t of any cer. ti.f icate for. payment, to
such extent as may be necessary to protect the City from loss due to causes including but not limited to the f ollowing:
a. .Defective work not remedied;
b. Claims filed or. information reasonably indicating probable filing
of claims;
c. Failur. a of Contr. actor. to make payment. due for. mater. ials and/or.
_ labor. ;
d. Information causing reasonable doubt that the contract can be
completed for. any unpaid balance;
e. Damages to ,another. Contr. actor. ; and
f . Breach of any terms of this contr. act.
When any and all such causes are removed, certificates sha1.1 be issued
for. amount withheld.
D30:61010.15 ~ -15- GW:wrn
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of
the Standard Specifications is amended to read:
The Director. will make the final determination of any claims which remain in dispute after. completion of claim r-eview. A board or. person
designated by said Director. will review such claims and make written
recommendation thereon.
The City Engineer. shall, after. the completion of the contract, make a
f final estimate of the amount of work done ther. eunder. , and the value of such work,
and the City shall pay the entire sum so found to be due after. deducting
theref rom 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
Recor. der.' s .Office and after. execution and r. etur. n by the Contr. actor. of the
attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract-that no
- certificate given or. payments made under.. the contract except the final
cer. of icate or. final payment, shall be conclusive evidence of the perf ormance of
the contract, either. wholly or. in part, against any. claim of the party of the,
first part, and no payment shall be c~onstr.ued 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
perf ormed under. the contract or. any alter..ation 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":
Thir. d paragr. aph o.f Section 18-1.05, "PAYMENT" .
Third paragraph of Section 24-1.08, "PAYMENT".
Second par. agr. aph of Sect ion 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 bazar. dous mater. ials when bazar. dour rnat~er. ials ar. a encounter. ed dur. ing this
project.
D30:b1010.16 -16- GW:wrn
SECTION b . CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions
in Section 6, "Control of Materials," of the Standard Specifications and these
special provisions.
At the option of the Engineer. , the sour. ce of supply of each of the
materials shall be appr, oved by the Engineer. bef ore 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 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any
bor. r. ow~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. A1.1 provisions for. water pollution,
and sound control that apply within the limits of the contract shall apply to
all bor. r. ow 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 sur.r.ounding 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_ bor. r. ow, disposal or.
mater.fal sites from the authority having jurisdiction o.r. fr.om the appr.opr.iate
pollution control boards and such permits contain r.equirerne nts which conflict with the requirements in the first and second par.agr.aphs of this section, the
. requirements of the permits-shall govern over. the conflicting requirements of
this section provided the permit requirements have been appr. oved by the
Engineer..
Full compensation for. complying with the requirements for bor. r. ow,
.disposal-and material sites in this section shall be considered as included in
the contr. act pr. ices paid for. the items of wor.'~, which r. equir. e the use of \ the sites and no additional compensation will be allowed ther.efor.. -
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,
D30:b1010.17 -17- GW:wrn
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Or. der. of work shall conform to the provisions in Section 5-1.05, "Order. of Work," of the Standard Specifications and these
special provisions.
All striping removal shall be completed a minimum of~2 days prior
to signal being placed into operation. Pavement delineation shall be replaced
by temporary delineation before opening the traveled way to public traffic.
Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor. less than 4 inches wide spaced no more
than 10 feet apart on curve nor. more than 20 feet apart on tangents. Reflective
traffic line tape shall be applied in accordance with. the manufacturer.'s
instructions. Temporary delineation shall be the same color. as the permanent
delineation. Full compensation for. temporary delineation shall be considered as
included in .the prices paid for. the contract items of work that obliterated the
existing delineation and no separate payment will be made therefor..
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.) 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 commencement 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 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 pub~.ic utility facilities
and other. improvements that are to remain in place within the construction area
or. that are to be relocated and relocation operations have not been completed.
In accor.-dance with the provisions of Article 7-1.11, "Preservation of Pr.oper.ty,"
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. other. irnpr.ovements 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.
D30:61010.18 -1$- GW:wr.n
At locations where irrigation systems exist, the Engineer. will direct
the Contr. actor. 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 dir.ect.ed 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 Contr. actor 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 wil 1 be made then. of or. .
Except in the case of extr. a work, full .compensation for_ conf orming to
the r.equir.ements 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
ther. of or. .
7-1.03 MAINTAINING TRAFFIC. The Contr.actar_ shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when
er.forming work which. interferes with o.r. endangers the safe ,movement of traffic P
on any street or. highway.
Si ns, lights, flags and other. warning and safety devices and their. use g
shall conf orm to the r. equir. ements set f or. th in the. cur_ rent "Manual of Traffic Controls - wJar.ning Signs, Lights, and devices for Use in Performance of.Work Upon
Hi hwa s," published by the State of California, Department of Transportation. g y
Application and use of devices shall be as specified and as directed by the
Engineer..
The Contr. actor. shall keep the Baker. sf i el d Fir. e Depar. tment inf ormed at
all times as to the exact location and pr.ogr.ess of the work and shall notify
them immediately of any streets impassable for. f ir. e f i.ghting equipment .
The sixteenth and nineteenth paragraphs of Section 7-1.08,."Public
Convenience," of the Standard Specifications, shall. be .amended to read as
follows:
Construction operations requiring lane closures shall be actively in rogr.ess only between the hours indicated below, Monday through Friday, .
P except legal holidays.
Street ~ Dir.ection of Travel _ Hours
WILSON ROAD ALL 9:00-11:30.1;30-434
HUGHES LANE ALL 9 00-11:3.0 ?~30 4 30
.
D30 : 61010.19 --19 GT~1 wr. n
where const~uct~on operations ar.e actively in progress, a minimum of one
traffic lane, not less than twelve feet in width, shall be open for. use by
public traffic. t~lher.e construction operations are not actively in
pr.ogr.ess, 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 ar.e 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
accommodation of pub 1 i c t r. of f i c the r. e on during paving ope r. a t i ons .
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 h}, bar.r.icades, and
other facilities for the sole convenience and direction of public
traffic. ~41so, where dl rested 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
deamzd necessary by the City, the signs ">Zoad Construction Ahead,"
No C 18, and "End Construction " No. C 1~, shall be furnished,. installed and mainta1ned by the Contractor.. at locations as directed by
the Engineer. at least 48 hours: in advance of any construction.
The Contr. actor shall report a.ll accidenr_s to the Engineer..
PAYMENTr Full compensation .for conforming to the requirements of
this article shall be considered as included in the pr. ices paid for. various
items of work and no additional allowance will be made therefor.
D30 61010.20 ~ -20- GAT' wr. n
7-1.04 EXISTING HIGHWAY FACILITIES. The work performed in
connection with various existing facilities shall conf orm 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 sha11'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 f orces prior. to completion of
construction. Signs removed f rom the project area shall be delivered to the
City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for. conf orming to the requirements of the
two preceeding paragraphs shall be considered as included in the prices paid for.
the verious items of work and no additional allowance will be made ther.ef or..
7-1.05 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic
stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer.
T.r.affic stripes and pavement markings shall be removed to the fullest
extent possible from the pavement by any method that .does not materially damage
the surf ace or. texture of the pavement or. surfacing. Where blast cleaning is
used for. the removal of painted traffic stripes and pavement markings, the area
shall be~shielded so that no mate:r.ial from the blasting operation is allowed to enter. the area that is open to public traffic. Sand or. other. material deposited
on the pavement as a result of removing traffic stripes and. markings shall be
removed as the work progresses. Accumulations-of sand or. other rnater.ial which
might interfere-with drainage or.~might constitute a hazard to traffic will not
be permitted.
.Traffic stripes shall be removed before any change is made in the traffic patter. n.
Blast cleaning for removal of traffic stripes shall be feathered out
to irregular. and varying widths. Pavement markings shall be removed by blast
cleaning a rectangular. area, rather. than just lettering or. markings, so the old
.message cannot be identified.
After, removal of traffic stripes and pavement markings, a fog seal
coat-shall be applied in conformance with the provisions in Section 37,
"Bituminous Seals," of the Standard. Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied
over. the tr. of f is str. ipe r. emoval ar. ea and to ir. r. egular. and var. ying widths with an
average width of 2~feet on each side of the blast cleaned traffic stripe removal
area.
In pavement mar.'~.ing removal areas, the fog seal coat shall be applied
to the blast cleaned rectangular. ar.~ea.
D30:61010.21 -21- GW:wrn
Full compensation for. furnishing and applying fog seel coat as speci-
fied herein shall be considered as included in the contract price paid per.
square foot for. removal of traffic stripe and pavement marking and no separate
payment will be made therof or..
Nothing in these special provisions shall relieve the Contractor. from
his responsibilities as provided in Section 7-1.09, "Public Safety," of the
Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will
be determined by the width of the stripe plus 0.67-foot multiplied by the length
of the stripe. The space between double traffic stripes will be measured as
painted traffic stripe. Quantities of pavement markings removed will be determined by the actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for. at the contract unit price
per. square foot for. the actual area of authorized stripe removal. ~ .
The contr. act unit price per. square foot as remove traffic striping and
marking shall include full compensation for. furnishing all labor, materials, tools, equipment, signs and .for. doing all work necessary for. removing existing
striping as shown on plan and. as directed by the Engineer...
7-1.06 EARTHWORK. Earthwork shall conform to the provisions in
Section 19, "Ear.thwork," of the Standard Specifications and these special
provisions.
Section 19-3.062, "Slur.ry Cement Backfill," of the Standard
Specifications is deleted and shall not apply to this contract.
The relative compaction limits specified in the second par.agr.aph of
Section 19-5..03 "Relative Compaction (95 Percent)," of the Standard
Specifications are amended to the limits shown on the plans and typical cr_oss-
sections and shall be deter. mined by: Calif or.nia Test Methods 216 or. 231, or. ASTM
(cur.rent edition) D1557 and one of the following D2922 or D155b. The subgr.ade must be smooth, unif or.~m and true to the r. equir. ed gr. ade.
PAYMENT. Full compensation for.. conf orming to the r. equir. ements of this
article shall be considered as included in the prices paid for. the various con-
tract items of work and no additional compensation will be allowed therefore.
7-1.07 ROADSIDE SIGNS. ,Roadside signs shall conform to the provisions in Section Sb-2, "Roadside Signs.," of the Standard Specifications and
these special provisions.
Miscellaneous roadside signs shall conform to City Standard
~T-19. Where sign posts are placed within concrete sidewalk
the sidewalk shall be care drilled. Roto hammering or. other.
similar. methods will be permitted provided that the
perimeter. of the damaged area is sawcut to the limits r. equir. ed to f orm a neat finish as directed. by the Engineer..
MEASUREMENT 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).
D30:61010.22 -22- GW:wrn
1 r
4
1 ~ 7-1.08 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement
concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches,
driveways and miscellaneous construction shall conform to the provisions in
Section l3, "Concrete Curbs and Sidewalk," of the Standard Specifications and
these special provisions.
Quantities of minor. concrete wheelchair. ramp) shall be paid for. at the contract price per. each wheelchair. r. amp.
1-1.09 OVERHEAD SIGNS. Overhead signs shall conf orm to the
applicable provisions in Section 56, "Signs," of the Standard Specifications
and these special provisions.
Mast-azm hangexs for, street name signs will be furnished and installed by the City.
Street name signs will be furnished and installed by City of
Bakersfield using mast-arm 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 fur. nishe~d 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. pr. ices for. signal, flashing beacon, or. combination .
thereof.
7-1:10 TRAFFIC DELINEATION. Immediately after. resurf acing
operations or, when directed by the Engineer., replace all obliterated pavement
delineation with temporary delineation during the same work period,
Temporary delineation consists of reflective traffic line tape applied
in pieces not less than 4 inches long nor. less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than l0 feet apart on curves.
Apply r. of lective tr, of f is line .tape ,in accor. dance with the manuf actur. er.' s
instructions. Temporary delineation must be the same color. as the permanent
delineation.
.,Remove temporary delineation applied to asphalt concrete patches
immediately prior. to .applying asphaltic emulsion tackcoat for. asphalt concrete overlay.
A striping plan will be~made available to the Contractor. when traffic
delineation is to be modified by the City.
PAYMENT. Full compensation for. traffic delineation shall be
considered as included in the prices paid for. the various items of work, ,and no separate payment will be made they. of or..
D30:61010.23 -23- GW:wrn
SECTION ~ CONSTRUCTION DETAILS
SECTION 7-2 TRAFFIC SIGNALS, LIGHTING, SIGNING, .
AND STRIPING
7-2.01 FOUNDATIONS. Foundations-shall conform to the provisions in
Section 86-2.03, "Foundations," of the Standard Specifications and these special
provisions.
The Contr. actor. shall furnish the anchor. bolts, nuts and washers to be
used for. new foundations and shall furnish the appr. opr. iate nuts and washer. s for. .
existing foundations to be reused.
Portland cement concrete shall conform to Section 90-10, "Minor.
Concrete," of the Standard Specifications and shall contain not less than 470
pounds of cement per. cubic yard, except for. pile foundations shall contain not
less than 564 pounds of cement per. cubic yard.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications anal these special provisions.
Conduits may be installed by either. jacking/dr.illing 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 f r.om the bottom of the
trench prior. to placement of 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 to within 0.20
feet of the pavement sur. f ace. 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. shalt be applied
r as specified in Section 39-4.02, "Pr.ime Coat and Paint Binder..," of
the Standard Specifications. Spreading and. compacting of asphalt
concrete shall be perf ormed by any method which will produce an
asphalt concrete surf ace of unif orm smoothness, texture, and
density.
4. A11 excavated areas in the pavement shall be backfilled by the end
of each work day. Temporary r.oadmix or. other. acceptable temporary
surf ace will be allowed on the top 0.20 feet until such a time as
the permanent asphalt surface is placed.
Dependent upon adverse soil conditions or. other. circumstances
encountered at the time of construction, the Engineer.. may specify which of the
above methods may be used.
D30:61010.24 -24- GW:wrn
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in ,
Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special
provisions.
Recesses for. suspension of ballasts will not be required.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conf orm to the provisions in Section 86-2.08,'"Conductors," and Section 86-2.09, "Wining,"
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 r.ed, yellow, brown, black, red/black stripe yellow/black stripe, brown/black stripe and
white/black stripe.
28 Conductor cable consisting of l No. 10 conductor. colored white and
27 No. 14 conductors colored as indicated in the following conductor.
table for. a single ring operation.
CONDUCTOR TABLE
Insulation Colors
Signal Phase
Circuit or. Function Base Stripe
2 & 6 Red, Yellow, Br. own Black
Vehicle 4 & 8 Red, Yellow, Brown ~ Orange Signals 1 & 5 Red, Yellow, Br. own Silver.
3 & 7 Red, Yellow, Br. own Purple
2p & 6p Red, Br. own 2 Black
Pedestrian 4p & 8p Red, Br. own 2 Orange
Signals lp & 5p Red, Br. own 2 Silver.
3p & 7p Red, Brown 2 Purple
J 2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange
t Push Buttons lp & 5p Blue Silver. 3 & 7p Blue Purple
Pedestrian
Push Buttons White Black
Common Signal White None Railr.oad
Pre--emption Black Red
Sure Black None
The cable sheath shall be polyethylene and the conductor. insulation shall
be Type THWN polyvinyl chloride.
D30:61010.25 -25- GW:wrn
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 100 amp, 240 volt, 3 pole main breaker. and the following
branch circuit breakers:
No. Amps Phase Volts Branch Metered
1 60 1 110 Troffis Signal Yes
2 30 1 110. 'Lighting No
~`3 30 1 110 Flashing Beacons Yes
* Provided where flashing beacon is included with the traffic signal.-
The Engineer. will arrange with the serving utility to complete service
connections to service points shown on the plans and will pay all requir..ed 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.
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 COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7-2.07 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and
} auxiliary equipment, as shown on the plans, and the installation thereof, shall
conf orm 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, visor. s, directional louvers and backplates shall not be structural plastic.
All lamps for. traffic signal units shall be f urnished by the
Contractor.. .
All signal faces shall be provided with 12-inch sections.
D30:61010.26 -26- GW:wr.n
The thir, d sentence of the f fir. st par. agr. aph of Section 8:6-4..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.
7-2.08 PEDESTRIAN SIGNALS. 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. y
7-2.09 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.
7-2.10 PHOTOELECTRIC CONTROLS. Photoelect.r.ic controls shall conform
to the provisions in Section 86-6.07, "Photoelectr.ic Controls", of the Standard
.Specifications and these special provisions.
Each luminair.e shall be provided with a Type IV photoelectrical
control.
7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will
furnish the controller. and cabinet assembly for. each location.
7-1.12 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..
INSTALLATION DETAILS: Installation and tests shall conform
to the details and notes shown on the p-tans.
Slots cut in the .pavement shall be blown out and dried before installing
inductive loop detector. s.
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 l/2 inch thick above the top conductor.~in the saw. cut. Before setting, surplus sealant shall be removed from the adjacent road
sur. f aces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with
either. of the following mater. ials:
1. An elastomer.ic sealant conforming to the following:
D30:61010.27 -27- ~ GW:wr.n
l
a
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 i.n both asphalt concrete and portland cement concrete.
The cured sealant shall have the following perf ormance char.acter.istics:
_ ~ Measuring Standard
Property and Results And Conditions
Hardness (indentation) - 65-85 ASTM D 2240 Res. Type A, Model 1700
77° F. (25° C.) 50y relative humidity.
Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM.
Elongation - 400%, Minimum ASTM D 412 Die C, pulled at 24 IPM.
Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over. 1/2"
Mandrel.
Weathering Resistance - Slight ASTM D 822 Weather.ometer. 350 Hr.~.
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.}
minimuM Tensile; 400%, minimum 5% NaCI, Die C, pulled at 20 IPM.
elongation
Dielectric Constant - Less than ASTM D 150.
25% change over. a temperature
r. ange of -30° C. to 50° C. .
2. .Asphaltic Emulsion Inductive Loop Sealant shall conform to State of
Calif ornia 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..
A11 loop conductors for. each direction of travel for. the same phase of a
traffic signal system, in the same pull box, shall be spliced to a cable which shall
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 pull box or.
terminal strip in the traffic count station cabinet. when-such a cabinet is installed.
Conductors for. inductive loop traffic signal and traffic counting
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 conf orm to the provisions in Section
86-2.09, "Wining."
D30:61010.28 -28- GW:wrn
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 No. TY5532
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 immediately below the uppermost layer.. Installation
4 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--S.OIA (4), "Construction Materials,"~of the Standard Specifications and these
special provisions. J
Loop detector. lead-in cables shall be Type B, and shall conform
to the following:
1. A11 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.
7-2.13 GU~TEE. The Contractor. shall furnish a written guarantee to
the City on the f orm 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, pr.oper.ly~executed, shall be filed-with the.
City bef ore notice: of completion and .final acceptance is made by -the City of the
work described on the plans and these special provisions.
7-2.14 PAYMENT. Payment for. signals and ,lighting shall conform to
the pr. ovisions in Section 86-8, "Payment", of the Standar. d S.pecif ications 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 theref or..
D30 : 61010.29 ~ -29- GW: wr. n
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pour. able sand filled,
asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and por.tland cement concrete. This sealant is
suitable for. use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS .
The f olYowing specifications, test methods and standards in effect on
the opening date of the Invitation to Bid form a part of this
specification wher. a r. efer. enced:
American Society for. Testing and Materials D2939, D2523
Calif ornia Test Method No. 434'
Calif ornia Department of Transportation Standard Specifications 1988
State of Calif or.nia Specification 8010-XXX-99 Inspection., Testing and
..Other. Requirements for. Protective Coatings
Code of Feder. al Regulations, Hazardous Materials and Regulations
Board, Ref. 49CFR.
3.0 REQUIREMENTS
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-component product to meet the pr.oper.ties 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
D30:61010.30 -1- GW:wrn
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum
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 Pr. oper. ties of the Dr. ied 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 minimum
.cast sheets 0.25 inches thick and air. dry at
75 + 5°F, 50 + 10% %elative 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 Calif ornia 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 1 day at 75 + 2°F before
testing. Load rate to be 5000 1bs/minute.
3.3.5 Resistance to water.. No blistering,
Use ASTM D2939, Alternative B re-emulsification
or. 1 os s of
adhesion
3.4 Workmanship
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 f orm a
smooth unif orm product of the pr. oper. consistency. Lf 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.
D30:61010.31 -31- GW:wrn
Asphaltic Emulsion 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 Calif ornia 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
Calif ornia Specification 8010-XXX-99, or. as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer., the material shall be
sampled at the place of~manufactur.e and application will not be
permitted until the material has been approved b~ the Engineer...
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant ,shall be pr. epar. ed in a one package system ready for.
.application. The rnater.ial 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 nonr.eactive with the contents., and shall have
compatible gaskets. The containers shall comply with the U.S. Department of Transportation or. the Interstate Commerce Commission
regulations, as applicable.
n
5.2 Marking
A11 containers of material shall be labeled showing State
specification number, manuf actur. er. s name, date of manuf actur. a and manuf actur. er. s 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.
D30:61010.32 -32- ~ GW:wrn
m
Asphaltic Emulsion Inductive Loop Sealant. 8040-41A-15
6.0 NOTES
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 bef ore use and
hand poured into the slots. Due to the sand content of this material, .pumping is not recommended. Any .clean up of~r.oad surface or. tools can
be done with water., bef ore the sealant sets.
6.2 Patents
The Contractor. shall assume all costs arising from 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
Calif ornia, and its duly authorized representatives, from all suits at
law or. action of every natur. e for. , or. on account of , the use of any
.patented mat~r.ials, equipment, devices or. processes. .
6.3 Cer. of icate of Compliance
The manufacturer. shall f ur. nish a Cer. of 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 198$.
D30:610.10.33 -33- GW:wrn
PROPOSAL FOR
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 pr.o-
posal is made without collusion with any other. person, firm or cor.por.at.ion; that he has car.ef ully examined the location of the proposed work, the annexed pro-
posed form of contr. act and the plans then. e in refer. r. ed 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 Baker.sf field and as specified. in the contract, in the manner and time therein pr.escr.ibed, and according to the r.equir_ements of the Engineer. as therein
set f or. th, and that he wi l .l take in f ul 1 payment then. of or. the unit pr. ices or.
lump sums set forth in the following schedule:
The undersigned further. agrees that in case of default in executing
the r.equir.ed contract, with necessary bonds, within ten (101 days, not including
S.unday,~ after. having received notice that the contr. act, is ready for signature, the proceeds of the check or. bid bond accompanying his bid shall become the pro-
per.ty of .the City of Baker.sfieldw
Bidder. acknowledges receipt of the following addendum:
~ ~ I
~ ITEMS ESTIMATEDI UNIT OFi ITEM I UNIT PRICE ( EXTENSION I
I No . I QUANTITY I MEASURE I i (i n f i gu r. e s) ! PRICE I
~ in f igur. e,s
~ ( I
i 1 I 20 ~ SF ` Ins to 11 h~3ndi cap Ramps I !
i I i ! I ~
i
I I I I I I 12 ~ Lump Sum I LS i ns t 1 l Traffic ! i I
I ~ I signal. and lighting I I
STGNEU
Eidder. Company
Address
City State Zip Code
Area Code Telephone Number.
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
D30 61010.34 Page 1 of CW Wrn
ITEM ESTIMATED ~ UNIT OF~ ITEM ~ UNIT PRICE ~ EXTENSION
N0. ~ QUANTITY ~ MEASURE ~ ~ (in figures) ~ PRICE
(in figuxes)
3. ~ 654 ~ SF ~ Remove Traffic
I I ~ ~ striping and marking
TOTAL
SIGNED
Bidder.
D30:61010.35 Page 2 of 2 GW:wrn
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 Pr.ice(s) and/or. the Bid Total, the Unit Pr. ice(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 f or.th
as a Unit Price is unintelligible or. omitted, then the amount set f orth 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
A11 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. off ice of each subcontractor. who will perf orm work or. labor. or. render. -
service to the Contr.actar. in or. about the construction of the work or.
impr. ovement in excess of one-half of one (1%) per..cent of pr. ime Contr. actor.' s total bid, or. TEN THOUSAND DOLLARS ($10,000), whichever. is gr.eater., 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,
deter. mine that the bidder. has abandoned the bid proposal and the bidder.'s
security shall be f orfeited and shall become the property of the City. City
shall then be free to accept the bid of another. bidder..
D30;61010.36 GW:wrn
[This f oxm shall be completed by all Biddexs and submitted with the Bid]
TRAFFIC SIGNAL MODIFICAITON ON WILSON RAOD @ HUGHES LANE
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
State of Calif or, nia ) ss:
County of )
being fixst duly swoxn, deposes and
Name
says that he or. she is of
Title Company the party making the foregoing bid that the. bid is not made in the interest of,
or. on behalf of, any undisclosed person, partnership, company, association,
organization, or. corporation; that the bid is genuine and not collusive or. sham;
that the bidder. has not directly or. indirectly induced or. solicited any other.
bidder. to put in a false or. sham bid, and has not directly or. indirectly
colluded, conspired, connived, or. agreed with .any bidder. or. anyone else to put.
in a sham bid, or. that anyone shall refrain from bidding; that the bidder. has
not in any manner., directly or. indirectly, sought by agreement, communication, or. conf er. ence with anyone to fix the bid pr. ice of the bidder. or. any other .bidder. ,
or. to fix any .overhead, pr. ofit, 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, fur.ther., that the bidder. has not, directly
or. indirectly, submitted his or. her. bid price or. any breakdown there of, or. the
.contents thereof , or. divulged inf ormation or. data relative thereto, or. paid, and wily not pay, any fee to any corporation, partnership, company, association,
organization, ~ bid depository, or. to any member. or, agent thereof to effectuate a
collusive or. sham bid."
Signature of Bidder.
Business Address
Place of Residence
Subscr. abed and savor. n to bef or. a me
this day- of , 19
_
D30:61010.37 GW:wrn
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier.'s check," "cer.tified
check," or. "bidder,'s bond," as the case may be}, in amount equal to at least ten
per. cent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals ar. a as follows
IMPORTANT NOTICE If bidder. or. their. interested person is a corporation, state
legal name of corporation, also names of the president,
seer. etary, tr. easur. er. , and manager, ther. eof ; if a
copartnership, state true name of f irm, also names of all individual copartners composing firm; if bidder. or. other. interested person is an individual, state
first and last names in full.
Licensed in accordance with an act providing for. the registration of
Contr.actor.'s License No.
SIGN
HERE
Signature of Bidder.
NOTE--If bidder is a corporation, the legal name of the corporation
shall be set f oath above together. with the signature of the officer. or.
off icers authorized to sign contracts on behalf of the corporation; if
bidder. is a copartnership, the true name of the firm shall be set
f oath 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
~nembex of a par, tner..ship, a Power. of Attorney must be on file with
the City Clerk of the City of Bakersfield prior, to opening bids or.
submitted 'with the bid; otherwise, the bid~will be disregarded as
irregular. and unauthorized.
Business Address
Telephone No .
Place of Residence
Dated 19.....
D30:b1010.38 GW:wrn
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or. certified check is with bid)
KNOW ALL MEN BY TfiESE PRESENTS:
That we
as principal, and
as surety,
are held and firmly bound unto the City of Bakersfield, a body politic and
corporate of the State of California, in the sum of
dollars
to be paid to said City, for.-which payments, well and truly to be made; we bind
ourselves, our heirs, executors and administrators, successors or. assigns,
jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
CONTRACTORS attached hereto, is accepted by the Council of said Gity 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 I
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.
I IN WITNESS WHEREOF, we have hereunto set our. hands and seals this day
of 19
I (Seal)
(Seal)
(Seal)
D30:61010.39 Page 1 of 2 GW:wrn
I I I
STATE OF CALIFORNIA )
ss.
COUNTY OF
On this day of 19......, before me,
a notary public in .and for. the County of State of
Calif ornia, personally appeared
I / / personally known to me / /proved to me, on the basis of
I i 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.subscr.ibed the name of
................................thereto as surety, and his own
name as Attorney in Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal the. day and year. in this certificate first above written..
I Notary Public i.n and for. said County and State
f
~ L
D30:~1010.40 Page 2 of 2 GW:wrn
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works P 1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. , for:
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD @ Ht~ HES LANE ,
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 f
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 corr~nence to be furnished ~ and installed within 'I~aenty-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 iln 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
D30:61010.41 GW:wrn
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Baker, sf field, CA 93301
In accordance with the terms of the Contr. act for.:
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD @ HUGHES LANE. ~ ,
awarded on , between the City of Bakersfield (hereinaf ter.
zef erred to as "City"), and the undersigned, which contract provides for. the
installation of
and other. facilities and under. which contract the undersigned-has installed such
facilities,~the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the
same to be f r. ee f r. om imper. f ect workmanship and /or. mater, ials, and we
agree to repair and/or. replace at our. own cost and expense, any and -
all such work, and/or. materials which may prove defective in ,
workmanship or, materials within a period of one (1) year. from the date
of acceptance of the above named construction project, ordinary wear.
and tear. or. neglect excepted. We also agree to repair. and/or. replace,
at our. own cost and expense, any work andJor. materials that we may disturb or. displace in making good such defects.
Within twenty-four. (24) hours after. being notified in
writing by the City or. the City's representative, or. the agent of
either of them, of any defects in said work or. mater. ials, we agree t~o
commence and prosecute with due diligence,.all work necessary to
fulfill the terms of this guarantee and to complete the work within a r. easonable per. f od of time, and in the event of our. f ailur. a 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 uarantee is made expressly for. and runs to the benefit of both g the City of the above mentioned construction project and the City's
representative, and shall be enf orceable by either. of them.
DATED
Contr. actor.' s Name
Authorized Signature
D30:b1010.42 GW:wrn
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that , agrees to
indemnify and hold harmless the City of Bakersfield, its agents, employees or. any
other. persons against loss or. expense including attorneys fees, by reason. of the
liability imposed by law upon the City, except in cases of the City's ,sole
negligence, for. damage because of bodily injury, including death at any time
r. esulting ther. of r. om, sustained by any per. son or. per. sons, or. on account of damage
to pr.oper.ty arising out of or. in consequence of
(agr.eement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contr..actor. shall (at the
o Lion of the City), defend the City of Bakersfield with appropriate counsel and P
shall further. bear. all costs and expenses, including the expense of counsel, in
the defense of any suit arising hereunto.
DATED
Contr.actor.'s Nave
Authorized Signature
D30:61010.43
CONTRACT N0.
[ DESCRIPTION OF WORK TO BE PERFORMED -CITY OF BAKERSFIELD ]
THIS AGREEMENT, made and entered into on , by
and between the CITY OF B~~KERSFIELD, a municipal corporation, hereinafter. called
"City, " and her. einaf ter. called "Contr. actor." ;
WITNESSETH:
WHEREAS, City has duly advertised-for. sealed proposals for.
within the City of Baker. Sf field. On ,the contr. act was
awarded to Contractor. upon his properly executed bid; and
WHEREAS, one of the conditions of ~ said awar. d r. equir. ed a ~f ormal contr. act
to be executed by and between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties hereto
as follows:
ARTICLE. I
Contractor. agrees to furnish supplies, equipment, labor. and materials for. ~
within .the City. of Bakersfield.
ARTICLE II
The following shall be deemed to be part of this contract as if fully
set f or. th herein:
1. Notice to Contr..actor. s
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 r.equir.ed by law to be inserted in this ~
contract whether. actually inserted or. not.
9. Hold Harmless Agreement
10. Current PW1 (if required by Specifications)
D30:b1010.44 -1- GW:wr.n
IN WITNESS, WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year. first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By By
CLARENCE E. MEDDERS, Mayor.
APPROVED AS TO FORM:
By City Attorney
APPROVED AS TO CONTENT:
$y
Public Works Director.
COUNTERSIGNED:
By
Finance Director.
D30;b1010.45 -2- ~ GW:wrn
(To be completed by the Contr. actor., if he elects to substitute securities in lieu
of retentions .
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION '
THIS'ESCROW AGREEMENT is made and entered into by and between
whose address is
her..einaf ter. called "Owner.",
whose address is ~
hereinafter. called "Contractor." and
whose address is
her.einaf ter. called "Escr. ow~ Agent".
For. the consideration hereinafter. set f or. th, the Owner. , Contractor. , and
Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code o.f 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 Contr. act entered into between the Owner. and Contractor. for.
in the amount of dated (her. einaf ter. r. of er. r. ed 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 secur. ides at the time of the
substitution shall be at least equal to the cash amount then r.equir.ed 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 pr.OVisions, provided that the Escrow Agent hold securities in the form
and amount specified above..
3. Alternatively, the Owner. may make payments directly to Escrow
Agent in the amount of retention for the benefit of the Owner. until such time as
the escrow created hereunder. is terminated.
D30:61010.46 -1- GW:wrn
4. Contractor. shall be responsible for. paying all fees for.. the
ex enses incurred by Escrow Agent in administering the escrow account. These P
expenses and payment terms shall be determined by the Contractor. and Escrow
. Agent.
5, The interest earned on the securities or. the money market accounts
held in escrow and all interest earned on that interest shall be for. the sole
account of Contractor. and shall be subject to withdrawal by Contractor. at any
time and from time to time without notice to the Owner.
6. Contr. actor. shall have the right to withdraw all or. any part of the r. inci al in the Escr. ow Account -only by wr, i~tten notice ~o Escr. ow Agent
P P 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..
The Owner, shall have a right to.dr.aw upon the securities in the. 7.
event of default by the Contractor.. Upon seven (7) days' written notice to the
r w A ent from the Owner. of the default, the Escr. ow Agent shall immediately Esc .o g
convert the securities to cash and shall distribute the cash as instructed by the Owner. .
U on recei t of written notification from the Owner. certifying 8~ P P ntr.actor. has com lied
that the Contract is final and complete, and that the Co P
with all requirements and pr.ocedur.es applicable to the Contract, Eser.ow Agent
ase to Contractor. all securities and interest on deposit less escrow shall r.ele
fees and char es of the Escr.ow.Account. The escrow shall be closed immediately g u on disbursement of all moneys and securities on deposit and payments of fees
P and charges.
9. Escrow Agent shall rely on the written notifications from the
the Contractor. ur.s.uant to Sections (4) to (6}, inclusive, of this Owner. and P
a reement and the. Owner. and Contractor. shall hold Escr. ow Agent harmless from g
Escr. ow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the er.sons who are authorized to give written notice P
or. receive written notice on behalf of the Owner. ,,and on behalf of Contractor. in
connection with the foregoing, and exemplar. s of their. r. espective signatures, ar. e
as follows:
On behalf of Owner. ; On behalf of Contr. actor.:
Title ~ Title
Name - Name
Signature Signature
Address Address .
_2_ ~ GW:wrn D30:61O1O.47 .
On behalf of Escrow Agent:
Title
Name
S ignatur. e
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
pr. opera of f icer. s on. the date f ir. st set f or. th above.
Owner. Contractor.
Title Title
Name ~ Name
Signature Signature
f
NOTE: THIS PART SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1,1992, AND AS OF
THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS
CHAPTERED ON OR BEFORE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE.
D30;61010.48 -3- GW:wrn
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, 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 b~y virtue of the laws of the
State of California, hereinafter. designated as the "Pr.incipal," a contract for. the ; and
WHEREAS, said Principal is r.equir.ed under. .the terms of said contract
to fur. Wish a bond for. the faithful per. f ormance of said contr. act
NOW, THEREFORE, WE, the Principal, and
,~as Surety, ar.e held and firmly bound unto the Owner. in
the sum of (I00% OF AMOUNT AWARDED AT COUNCIL MEETING}
lawful money of the United States, for. the payment of which sum, well and truly
to be made, we bind ourselves, our. heirs, executors, administr.ator.s, 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, administr.ator.s, successors, or. assigns, shall in all things stand to and abide by, and well anal truly keep and
faithfully perform the covenants, conditions, and agreements in the said
contr. act 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
contr. act, 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, dur. ing which time if the above mentioned Principal, his or. its heirs, executors,
~administr.ator.s, successors, or. assigns shall fail to make full, complete, and
satisfactory repair. and replacements or. totally protect the said Owner. fr.ora loss
of damage made evident dur. ing said per. iod of one year. f r. om the date of
acceptance of sand 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 f or_ce 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.
D30 : b 1010.49 Page 1 of 2 GW: w.r. n
a
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 contr. act or. to the work to be perf ormed thereunder. or the specifications
accompanying the same sha1.1, 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 Calif or. nia.
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, incur.r.ed 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~cor.porate 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
(Attach notarization form for. each required signature.}
D30:61010.50 Page 2 of 2 GW:wr.n
MATERIAL - LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter. designated the
"Owner.," has, on (DATE OF COUNCIL MEETING) , awarded to
(NAME OF CONTRACTOR)
hereinafter. designated as the "Pr.incipal," a contract for. the construction of
(DESCRIPTION OF PROJECT - USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS).
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
subcontr.actor.s, shall fail to pay for. any materials, provisions, or other.
supplies used in, upon, for., or. about the performance of the work contr. acted to
be done, or. for. any work or. labor. done they. eon of any kind, ,the Sur. ety of this
bond will-pay the same to the extent hereinafter. set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR BONDING COMPANY) , as Surety, ar.e held and firmly bound unto the
Owner. the penal sum of (50% OF AMOUNT AWARDED AT COUNCIL MEETING) dollars
. ) lawful money of the United States, for. the payment of which sum
well and truly to be made, we bind ourselves, our. heirs, executors,
administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his . or. its heirs, executors, administrators, successors, or. assigns, shall fail to
pay for. any materials, provisions, or. other supplies used in, upon, for., or.
about the per. f ormance of the work contr. acted 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 1$806 of the Revenue and
Taxation Code of the State of Calif or. nia with r..espect to such work or. labor. , as required by the pr.ovis.ions of Chapter. III, Division V, Title I of the Government
Code of the .State of Calif or. nia, or. with r. espect 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 Calif or.nia, and provided that the persons, companies, or
corporations so furnishing said materials, provisions, or. other. supplies,
appliances, or. power. use, in, upon, for., or. about the performance of the work
contracted to be executed or. performed, or. any person who perf orms 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 her.einabove set forth, and-
also will pay in case suit brought upon this bond, such reasonable attor_ney's
fees to the Owner. as shall be fixed by the court.
D30:61010.51 1 GW:wrn
This bond shall- inure to the benefit of the Owners and any and all
persons, companies, and corporations and their. respective assigns entitled to
file claims under. applicable State law, including, but not limited to,
California Civil Code Section 3181, so as to give a right of action to them or. their. assigns in any suit brought upon this .bond.
And the said Surety, for. value received, hereby stipulates and agrees
that no change, extension of time, alteration, or. addition of the terms of the
contract ar. to the work to be perf ormed thereunder. or. the specifications
accompanying the same shall, in any way, affect its obligations of this bond,
and it does hereby waive notice of any change, extension of time, alteration, or. addition to the terms of the contract or. to the work or. to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil
Code of the State of Calif or. nia.
'IN WITNESS WHEREOF, the above bounded parties have ,executed this
instrument under. their. seals this day of 19_,
.the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for. Principal. Title
Surety
(Seal)
Signature for Surety Title
D30:61010.52 .2 GW:wrn
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