HomeMy WebLinkAbout1991 Special Provisions Project 61014
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. COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA ,
,
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND C 0 NTRACT
FOR
REFLECTORIZATION F 0 MAJOR STREE . TS AT VARI~JS LOCATION S
1'~~
g ID OPENIN ' G. .DATE ril 2 5 1991 ►
TIME 11:00 A.M. ~ ~
P RI~,TECT N0.
61014
~ ~S ,
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~ OF PUBLIC WORKS ~ ~ ~ ,CITY OF ~~~;RSFIELD ~ t.'~`
1501 T]~UXTUN A ~ N~.32300 VENUE
BAKERSFIELD► CA 93301 EXP.
Telephone: ~805~ 326-3724 *
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0~' OF CALIF
D23:61014
v A.J 0 -164
GENERAL DES(:RIPTION OF WORK
The work to be rformed consists, in general,~of furnishing and installing Pe
reflectorized pavement markers on various streets.
CITY OF B~AKERSFIELD
EDGAR W. SCHtILZ
Public Works Director
i
• . 2 -2- JL: lh D23.61014
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 - DEFINITIONS AND T1E~ZMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance
with the Standard S cifications entitled "State of California, Department of
Transportation, Standard Specifications, January 1988," as referenced herein,
insofar as .the same may apply, .which specifications are hereinafter referred to
as the Standard S cifications, and in accordance with the following. special provisions.
In case of conflict between the Standard Specifications and these
s dial rov~isions, the special provisions shall take precedence over and be used p
in lieu of such conflicting port-ions.
1-1.02 DEFINITIONS AND TIE~ZMS. All definitions and terms in Section 1,
. "Definitions and Terms," of the Standard Specifications shall apply, except whenever the followin terms or pronouns are used, the intent and meaning shall g
be as follows:
City - City of Bakersfield, California. ,
De rtment of Trans station, CALTRANS -The Engineering Department of ~ p°
the City of Bakersfield.
Director -City Engineer.
En ineer -The Cit En ineer, acting either.. directly or,through.properly g Y g
authorized a ents, such, agents acting within the scope of the particular duties g
entrusted to them.
. Labora~or -The designated laboratory authorized by the City to test Y
materials and work involved in the contract.
Standard Spec i f ications Standard Specifications of the Department of
Transportation, Easiness and Transportation Agency, dated January, 1988.
State -'The City of Bakersfield.
State Contract Act -Chapter 1, Division 2~of~the Public Contract Code.
. 'The provisions of this act do not apply to this contract. ~ .
Other terms appearing in the Standard Specifications, the general
rovisions, and the. special provisions, shall have the intent and meaning p
.specified in Section 1, Definition of Terms of the Standard Specifications.
D23:61014.3 -3- JL:lh
SECTION 2. PROPOSAL REQUIR~IENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of
Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun
Avenue, in~said City, until 11 o'clock A.M. on April 25, 1991 sealed
proposals for
REFLECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the
antities of work to be done and materials to be furnished are approximate only,
bein iven as a basis for, the comparison of bids, and the City of Bakersfield g9
does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount
of any class or portion of the work or to omit portions of the work that may be
deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL. PROVISIONS, AND
SITE OF WORK. The bidder is required to examine carefully the site of work, the
ro sal, laps and specifications, and contract forms. It will be assumed that P p h conditions to be
the bidder has investigated, and is satisfied as to t ~ . encountered, the .character, quality, and quantities of work to be performed and-
materials to be furnished, and as to the requirements of the specifications, the
cial rovisions and the contract. It is mutually. agreed .that the submission spe P
of a proposal. shall be considered prima facie evidence that the bidder has made
such examination.
2--1.04 REJECTION OF PROPI~SALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form,,
additions-not called for, conditional or alternative bids, incomplete bids,
erasures or irre ularties of any kind. Proposals in which the prices obviously 9
areunbalanced may be rejected.
'the ri ht is reserved to reject any and all proposals and waive any . g
irregularity:
2-1.05 PROPOSAL FORM. All roposals must ~e made upon blank forms to p
be obtained from the Purchasing Officer, the. form of which appears herein
immediate) following these special provisions. All proposals must give the y
vices proposed, both in writing and figures, and must be signed by the bidder, p
.with his address. If the proposal is made by an individual, his name, telephone
number and st office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must
. be shown, If made by a corporation, the proposal must show the names of the
state under the laws of which the corporation was chartered and the names,
titles, and business addresses of_the president, secretary and treasurer..-
. D23:61014.4 ~ -4- JL:lh
ADDEf~JUUM ~~lo . 1 Apr i 1 16 , 1991
PROJECT: Reflectorizatian of Major Streets at Various
Locations.
BID OPENI~JG DATE: April 25, 1991
11:00 a.m.
NOTICE TO ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following changes and/or
additions to the plans ar~d specifications. Such changes
and/or additions are hereby made a part of the plans and
specifications ar~d sha11 take precedence over anyt~~~ing
to the contrary therein.
REVISION:
PLA~JS
PJone .
SPECIFICATIONS
~~1 } on page 17, the 1 imiis of California Avenue shall be
changed to: California Avenue - Real Road to Union
avenue.
2) on page 17, add the street segmer~t: Columbus Street - .
River Boulevard to Panorama Drive.
NOTE: All Contractors bidding this work shall denote in their
proposal that they have received Add~►ndum No. 1 and bids
shall reflect these revisions. .
c~
~ ep~7 n L. Wa 1 ice r Darlene W i shari~
Traffic Engineer Purchasing Officer
saved under d:\wp\addendum.005
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O ag,P RA V' o .B ~I~'LD ~ ~ T ti~ ~
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~ a Finance Department Purchasing Division
1501 Truxtun Avenue ~ ~
Bakersfield, California 93301
(E05) 326-3746 a~~
~UARY 1~'~ ~
4 April 24, 1991 o
~Q~
PROJECT: Reflectorization of Ma'or Streets at various Locations
BID OPENING: Ma 9 1991 at 11:00 a.m. (Local Tines)
ADDENDUM N0.2
You are hereby .notified of the following changes and/or a~.ditions to th.e P~.ans
and 5peciL-ications. Such changes and/or additions are hereby made a part of
the Plans and 5pecification~ and shall take precedence ovQr anything to the
contrary therein.
LS7e have extended the bid opening date on the above referenced project in order
to give an adequate amount of time to respond. The new bid opening is
9, 1991 at 11:00 a.m. , as shown above.
Please note that all contractors bidding this work shall denote in their
proposal that they have received Addendum No.2.
~ ~
. a.rlene Wisham
P~,zrchasirlg Officer
DW/ljm
ref_ :addend20
2-1.06 BIDDER'S GUARANTEE. All .bids shall be presented under sealed
cover and shall be accompanied by a Proposal Guaranty made payable to the City of
Bakersfield, for an amount .equal to at least ten percent (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 proposes.to subcontract portions of the work in the amount of 1/2 of one
percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, con~nencing with Section 4100 of
the Public~Contract Code. The bidder's attention is invited to other provisions
_ of said Act related to the imposition of penalties for a failure to observe its
.provisions by using unauthorized subcontractors or by making unauthorized
substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to
the requirement to provide a list of DBE Subcontractors after the opening of the
proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRA~+TINGS. Any materials or work mentioned in the specifications and not shown on the drawings or.shown on
the drawings and not mentioned in the specifications shall be of the same effect
as if shown or mentioned in both.
Omissions from the drawings or the specifications of the. materials or
details of work which are manifestly or obviously necessary to carry out the
intent of .the drawings and specifications or which are customarily furnished or
performed, shall not relieve. the Contractor of his responsibility for furnishing such omitted materials .or performing such omitted work; but shall be furnished or
performed as if fully shown or described in the drawings or specifications.
2-1.09 .WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time
prior to the time fixed in the public notice for the opening.. of bids by request
for the withdrawal of the bid filed with the Purchasing Department. The request
shall be executed by the bidder or his, duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
Whether or not bids are .opened exactly at the time fixed in .the public notice for
opening bids, a bid will not~be received after that time, nor may any bid be
withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10. PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read
publicly at the time and place indicated in the "Notice to Contractors." Bidders or .their authorized agents are invited to be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of
Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of
bidders and in particular to the requirement therein, that if the bidder claims a
mistake was made in his bid, the bidder shall give the Department written notice
within 5 days after the opening of the bids of the alleged mistake,~specifying in the notice in detail how the mistake occurred.
o
D23:61014.5 -5- JL:lh
Public Contract Code Section 1028.5.1 (Chapter 376, Stats, 1985)
provides as follows:
Any state agency may suspend, for a period of up to three years. from
the date of conviction, any person from bidding upon, or being awarded,
a public works or services contract with the agency under this part or
from being a subcontractor at any tier upon the contract,~if that
person, or any partner, member, officer, director, responsible managing
officer, or responsible managing employee thereof, has been convicted
by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any-other act in violation of any state or
federal antitrust law in connection with the bidding upon, award o.f, or
performance of, any public works contract, as defined in Section 1101,
with~any public entity, as defined in Section 1100, including for the
purposes of this article, the Regents of the University. of California
or the Trustees of the California. State University. A state agency may
determine the eligibility. of any person to enter into a contract under this article by requiring the person to submit a statement under
penalty of perjury declaring that neither the person nor any
subcontractor to be engaged by the person has been convicted, of any of
the offenses referred to in this section. within the preceding three
years.
A form for the statement required by Section 10285.1 is included. in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. N~ore than. one proposal from an
individual, firm, partnership, corporation, or combination thereof under the
same or-different names. will not be~considered. Reasonable grounds for. believing
that any individual, firm, partnership, corporation or combination thereof is
interested inmore than one proposal for the work contemplated may cause the rejection of all proposals inwhich such individual, firm, partnership, corporation-
or combination thereof is interested. If there..isreason for believing that
collusion exists among the bidders any or all proposals may be rejected.
Proposals in which the prices obviously are unbalanced may be rejected.
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D23:61014.6 -6- JL:lh
J
SECTION 3. AWARD AND EX]'~UTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be
to the lowest responsible bidder. The language "responsible" refers to not only
the attribute of trustworthiness, but also to the quality, fitness and capacity
of low bidder to satisfactorily perform the proposed work..
3-1.02 AWARD OF CON'T'RACT. The award of the contract, if it be
awarded, will be made within forty-five (45) days after the opening of the
proposals unless extension is approved by the Lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and
sufficient bonds. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount
equal to .one hundred percent (100) of the contract price. The other of the
said bonds shall be in an amount of fifty percent (50~) of the contract price
and shall guarantee payment to laborers, mechanics and material workers employed
on the job under the contract and shall be in the amount and satisfy the
requirements specified i~n Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds
required by law for the protection of the claims of laborers and materiel men,
become insufficient, or the City has cause to believe that such surety or
sureties have become insufficient, a demand in writing may be made of the
Contractor for such further bond or~bonds or additional surety, not exceeding
that originally required, as is considered necessary, considering the extent of
the work. remaining to be done. .Thereafter no payment shall be made upon such.
~~contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04 EX]~UTION OF CON'.I'RACT. The contract shall be signed by the
successful bidder and returned, together with the contract bonds within ten (10)
days, not including Sundays, after the bidder has received notice that the
contract has been awarded. No proposal shall be considered binding upon the ,
City until the execution of the contract. All contracts shall be considered as. being made and entered into in the City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided
herein within ten (10) days, not including Sundays, after the bidder has.
received notice that the contract has .been awarded, shall. be just cause for the
cancellation of the award and the forfeiture of the proposal guaranty,
3-1.05 RET(JRN OF BIDDER'S GUAlRA1VTEES. Within. ten (10) days after the
award of the contract, the City of Bakersfield will return any monies or form
3 for deposit of money that are not to be considered in making the award. All
other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose
proposals they accompany.
D23:61014.7 -7- JL:lh
SECTION 4 - BEGINNING OF WORK,. TIME OF COMPLETION AND
LIQUIDATED DAMAGES .
4-1.01 QaNERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and
Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is
specifically hereby made a part of these special provisions.
The first paragraph of Section~8-1.03, "Beginning of Work," of the
Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days .
after receiving written notice the contract has been approved
by the City Council if necessary and to proceed. The
Contractor shall diligently prosecute the same to completion ,.before the expiration of~ 30 working days.
Contract working days will commence from the date the
Contractor begins work or the 15th calendar day from the date
of the written notice. to proceed, whichever comes first.
The Contractor shall pay to the Cit~i of Bakersfield the sum of $200.00 per .day for each and every calendar day's delay in finishing the. work in excess
of the number of working days prescribed above.
Full compensation for conforming to the requirements of~above paragraph
Shall be considered as included in the prices paid for the various items of work
and no additional allowance will be made therefor. .
. The Contractor shall furnish the Engineer with a statement from
the vendor that the order. for the electrical materials requiredfor this
contract has been received and accepted by said vendor, and said statement
steall be furnished within fifteen (15) calendar days from the date of the
contract. Said statement shall show the`date or dates the electrical
materials will be shipped.
No work shall begin on the project without-prior written approval
of the Engineer, until ,all components necessary for operation of the signal-
system are on hand. The Contractor will be granted an extension of time and
. will not be assessed with liquidated damages or the cost of engineering and
inspection for any portion of the delay incompletion of the work caused by
manufacturing time should approval be given to begin prior to delivery of
all signal system components. The number of days extension shall be the working days between the date as determined according to Special Provisions,
Article 4--1.01, and the date of receipt of all components as determined by
the Engineer. Upon receipt of .all components. the Contractor shall notify
7 the~Engineer in writing and the Engineer will order start of work in
writing.
D23:61014.8 -8- ~ JL:lh
` SECTION 5. C~~RAL
TE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State 5 1.01 STA
ract Act " and 9-1.10, "Arbitration," of the Standard Specifications are Cont ~
eleted. This contract is not governed by the provisions of the State Contract d
The ado Lion and use of the Standard Specifications in the performance of .Act. p
rk called for in this contract shall not be construed as an election by the the wo it to roceed under Section 20396 of the Public Contract Code. In the event
C Y p ~ ies the are not obligated to submit the that a dispute arises between the part , y ,
matter to arbitration in any form. (although they may do so upon written
agreement).
- 2 ALTERATION IN QUANTITY OF WORK. Increases in work totaling 5 1.0
han ten rcent (10~) of the contract amount shall be processed as a change more t pe
order .subject. to approval by the, City.
- CONTROL OF WORK. Control of work shall conform to the 5 1.03
isions in Section 5, "CONTROL OF WORK,." of the Standard Specifications prov
and these special provisions.
. ~ ection 5-1.02 "Plans and Working Drawings", of the Standard S ' ications is amended b adding the following paragraph after the fourth
. Specif Y paragraph:
W rkin drawin s or lans for any structure not included. in the plans o g g p
furnished b the Engineer shall be approved by the Engineer before any Y
work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
' - " Ines and Grades" of the Standard Specifications- Section 5 1.07 L
. is amended b adding the following paragraph after the first paragraph: Y
nsecutive ints shown on the.. same .rate of slope must be Three co po
in common in order to detect any variation from a straight ,.grade, used
and in case an such discrepancy exists, it must be reported to the Y En ineer. If such a discrepancy is not reported to the Engineer, the
9 ntractor shall be res risible for any error in the finished work., Co 1~
ara rah in Section 5-1.07, "Lines and Grades" of the The seEOnd p g p
Standard Specifications is amended to read:
r re uires such stakes or marks, he shall notify
When the Contracto q
.the En ineer of his requirements in writing a reasonable length o 9 time in advance of starting operations that require such stakes or
i marks. In no event, shall a notice of less than"24 hours be considere
a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amende
b adding the following paragraph after the first paragraph: Y
the Contractor varies the period during which work is Whenever
carried on each da , he shall give due notice to the Engineer, so that Y
ro r ins ction may be provided. Any work done in the absence of the p ~ Pe
Engineer will be subject to rejection.
_g_ ~ JL:lh D23.61014.9 .
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees
that in performing said work, by himself or through any subcontractor, 'eight
hours' labor shall be a day's work and forty hours' labor 'shall be a week's work,
. and that Contractor shall keep an accurate record showing the name and actual
hours worked for all workers employed in said work, and that said record shall be
kept open at all reasonable hours for inspection pursuant to Section 1812 of the
Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime to all workers employed in the construction of this project.
The prevailing rate for each craft, classification or type of work is determined
by the ,Director. of the California Department of Industrial Relations, and his
_ schedule of prevailing rates is on file and available for inspection in the
Public Works Department.. 'The schedule is incorporated herein by this reference. .
The City shall have the right to inspect payroll records during normal working .hours and shall have the right to question workers at any time concerning the
wages being paid. Contractor shall .not interfere in any way with the City's
right to investigate conformance with the wage provisions of this contract.,
Contractor shall. forfeit to the City for each worker employed for each
calendar day or portion thereof:
a. - 'TWENTY-FIVE DOLIGARS 2 5) pursuant to Section 17 7 5 of the Labor
Code.,. per worker paid less than the amount to which he is entitled
under said general prevailing rate of wages; and
b. ~4~ENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor
Code, per worker required to work more than eight (8)~ hours per
day or ire than forty (40) hours per week, except as provided in Section. 1815. of the Labor Code.
5-1.,05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.O1A(3),
"Payroll Records," of the Standard Specifications is deleted and shall not apply
to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these
special provisions.
Attention is also directed to the requirements of the California Fair-
Employment and Housing Act (Government Code Sections 12900~through 12996), to~the
regulations promulgated by the Fair Employment and Housing Commission to
implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article
7-1.OlA(5), "Apprentices," of the Standard Specifications. All Contractors and
Subcontractors shall comply with the provisions of Labor Code Sections,. 1777.5,
1777.6, and 1777.7 relating. to the employment of apprentices.
o
D23:61014.10 -10- JL:lh
If the Contractor does not have a union contract which provides for
apprentices, the Contractor and all Subcontractors shall submit one of -the following:
1. A copy of~ a "Request for an Application for a Certificate of
Approval` to Employ and Train Apprentices on Public Works." This
.request shall be submitted to the local Department of Industrial
Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or Form PW 1,
enclosed with these specifications. .
2. A copy of an approval to employ and train apprentices from the
local Department of Industrial Relations, Division of
. Apprenticeship Standards..
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices.
One of the above shall be submitted by the low_~idder to the City of
Bakersfield Purchasing Division, within two (2) working days following the bid
opening.
5-1.08 TRENCH S~'~F'ETY. The Contractor shall comply with Section~6705 of the Labor Code which provides that the Contractor's responsibility shall be as
follows:
If .the .contract. price ,for'`the project includes an expenditure in
excess of 'TWENTY-FIVE THOUSAND DOL]GARS ($25,000) for excavation of any
trench or trenches five feet or more in depth, the Contractor or his
Subcontractor shall not begin any trench excavation unless a detailed . plan,.-showing the design of shoring; bracing, sloping or other
provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the City Engineer and
the detailed plans has been .approved by the City Engineer.
If such plan varies from the shoring system standards established by the
.Construction-Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, -
sloping; or protective system less effective than that required by the
Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees..
a 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.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions.
D23:61414.11 -11- JL:lh
The noise level from the Contractor's operations, between the hours of
9:00 P.M, and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying
with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or
related to the 'ob, including but not limited to trucks, transit mixers or J
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 com ensation for conforming to the requirements of this section p
shall be considered as included in the prices paid. for the various contract items
of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work from any and all
governmental organization which require such permits, licenses or fees. The
Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HO~JRS. Contractor shall limit his field working hours .
from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the .Construction Engineer at the Pre-Job Conference. Written .
approval from the Construction Engineer is required for work beyond these limits.
Any time work proceeds beyond the time limits or on holidays or weekends,. the
Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12 LAWS To BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal
ordinances and regulations of the City of Bakersfield which in any manner affect
those engaged or employed in the work, or the materials used in the work, or _
which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the
same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this .contract until he has obtained all insurance required under this
section and-the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow an Subcontractor to commence work on his subcontract until said Y
certificates of insurance have been filed and approved by the City Risk Manager
and the Public Works Department.. Contractor shall be responsible for any
deductibles under all required, insurance policies.
5-1.13A HOLD Hi~RNiLESS. 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
e ity that may at any time arise from or related to any work performed
by the Contractor, his agents, employees or subcontractors under the
terms of this agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of
which is attached hereto..
D23:61014.12 -12- JL:lh
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the
Contractor shall procure and maintain for the duration of this
agreement the following types and limits of insurance:
Automobile liabilit insurance, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than one million ($1,000-,000) per occurrence; and
The automobile liability policies shall provide coverage for owned,
non-owned and hired autos.
General liabilit insurance, providing coverage on an occurrence basis.
for. bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million
($1,000,000) per. occurrence.
The liability policies shall provide contractual liability coverage for
the terms of this agreement.
The liability policies shall contain an additional insured endorsement . in favor of the City, its mayor, council, officers, agents, employees
and volunteers;
.Workers' com nsation with statutor limits and a to er's liabilit
insurance with limits of not less than one million ($1,000,000) per
accident.
The workers' compensation policy shall contain a waiver of subrogation
endorsement in favor of the City, its mayor,- council, officers, agents,
employees and volunteers.
A11 policies required of the Contractor hereunder shall be primary
insurance as respects the City, its mayor, council, officers, agents.,
employees and volunteers and ariy insurance or self-insurance maintained
by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written
~ notice of .cancellation or material change in policy language or . terms.
If any part of the work under this agreement is sublet, similar
insurance shall be provided by or on behalf of the subcontractors
to cover their. operations.
The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this
agreement is satisfactorily completed as evidenced by formal .
acceptance by the City.
D23:61014.13 -13- JL:lh
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read:
The Director will make the final determination of any claims which
remain in dispute after completion of claim review. Aboard or person
designated by said Director will review such claims and make written
.recommendation thereon.
The City Engineer shall, after the completion of the contract, make a
final. estimate of the amount of work done thereunder, and the value of such work,
.and the City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be
retained under the provisions of the contract. All prior partial estimates and
payments shall be subject to correction in the final estimate and payment. The
final payment shall not be due and payable until. the expiration of thirty (30)
days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the
attached C~IARANTEE when applicable.
It is mutually agreed between the .parties to the contract that no
certificate given or payments made under the contract except the final
certificate or final payment, shall be conclusive evidence of the performance of
the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to .be an acceptance of any
defective .work or improper materials.
And the Contractor. further agrees. that the payment of the final amount
due under the contract, and the adjustment and payment for any work done in
accordance with any alterations of the same,.-shall release the City, the City
Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.22 INC]I~~ASED OR DECREASED QUANTITIES. The word "compensation" in
the following paragraphs of the Standard. Specifications is replaced with the
words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.08, "PAYMENT".
Second paragraph of Section 36-1.07, "PAYMENT".
Tenth. paragraph of Section 39-8.02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of
handling hazardous materials when hazardous materials are encountered during this
project.
n~~.~inie. id _1d_ ,Tr,~lh
A...F 4a ~J e W J- W A. -Z 0 ~ J6 -Z A6 -a
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions
in Section 6, "Control of Materials," of the Standard Specifications and these
special provisions.
At the option of the Engineer , the source of supply of each of the
materials shall be approved by the Engineer before delivery is started and before such material is .used in the work. Representative preliminary samples of
the character and quality prescribed shall be submitted by the contractor or
roducer of all materials to be used in the work, for testing or examination as p
desired by the Engineer.
All tests of materials furnished by the contractor shall be made in
accordance with comomonly recognized standards of national organizations, and such s cial methods and tests as are prescribed in the specifications.
-1.02 BOA, DISPOSAL AND MATERIAL SITES. The operation of any . 6 ,
borrow or disposal sites used by the Contractor to produce or dispose of
material for this project shall comply with the requirements in ;the Standard.
' i ns and theses cial rovisions. All provisions for water pollution, Specif icat o pe p
and sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
U n com letion of the work,. all such sites and haul roads shall be I~ P
graded and treated so that, at the time~of-final inspection of the contract,
' l drain will blend with surrounding terrain, and will have a potential. whey wil ~ ,
as a source of blowing dust or other pollution which is no greater than when in
their original condition.
If the Contractor obtains necessary permits for borrow, disposal or
material sites from the-authority having jurisdiction or from. the appropriate
llution control boards and such permits contain requirements which conflict
with the requirements in the first and second paragraphs, of this section, the
re uirements of the rmits-shall govern over the conflicting requirements of q ~
this section provided the permit requirements have been approved by the
Engineer.
Full com nsation for complying with the requirements for. borrow,
disposal and material sites in this section shall be considered as included in
the contract prices paid for the items of work which require the use of the
sites and no additional compensation will be allowed therefor.
- IFICATES OF COMPLT~~ICE. In accordance with Section
6 1.03 CERT 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.
o
Llr~ • ViV iz ~ .+.r/
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 G~
7-1.01 MAIN'~AINING TIRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when
performing. work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and other warning and safety devices and their use
shall conform to the requirements set forth in the current "Manual of Traffic
Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon
Highways," published by the State of California, Department of Transportation. .
Application and use of devices shall be as specified and as directed by the
Engineer..-
The Contractor shall keep the Bakersfield Fire Department informed at
all times as to the exact location ,and progress of the work and shall notify
them immediately of any streets impassable for f ir.e fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, nPublic
Convenience," of the Standard Specifications, shall be amended to read as follows:
Construction o rations shall be actively in progress only between the
hours of 8:30 AM to 4:00 PM, Monday through Friday. .Where construction
o rations are actively in .progress, a minimum. of one .traffic lane,
not less than twelve .feet in width, shall be open.for use by public
traffic. Where construction operations are not actively in progress, not less. than two such .lanes. ,shall be .open for use by public traffic.
Public traffic may be permitted to use the shoulders and, .if .
half-width construction methods are used, may also. be permitted to use
the side of the roadbed opposite to the~one under construction. No
additional compensation will be allowed for any shaping of shoulders
necessary for the accommodation of public traffic .thereon during, .
paving operations.
7-1.02 EXISTING. HIGHWAY FACILITIES. The work performed in
connection with various existing facilities shall conform to the provisions in
Section 15, "Existing Highway Facilities," of the Standard Specifications and
these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and
maintained durin construction so as to convey the same intent that existed g
3 prior to construction. - .
Existin Cit hi hway signs and street markers. shall be placed in 9 y g
their permanent position by the Contractor's forces, prior to completion of
construction. Signs removed from the project area shall be delivered to the
City Corporation Yard at 4101 Truxtun Avenue,
PAYMENT. Full compensation for conforming to the requirements of the
two preceeding paragraphs .shall be considered as included in the prices paid for.
the various items of work and no additional allowance will be made therefor,
n~~~ti~~~4.~ti -16- JL:lh
L Y E • V i V~ o+ v
7-1.03 PAVEMENT M~~RKERS. Pavement markers shall conform to Section
85, "Pavement Markers," of the Standard Specifications and these special
provisions.
Pavement markers shall be placed in accordance with the State
Traffic Manual "Markings" Section per the following ,details as the apply to existing striping:
Detail 9
Detail 12
Detail 22
Deta~il25
Detail 26
Detail 32 Deta~i134
Detail 38
Pavement markers shall be Stimsonite Model 948 Glass FacedPavement
Marker or equal.
7-1.04 RAPID SET EPOXY~ADHESIVE FOR~PAVJE~ENT HERS. Epoxy Adhesive shall conform to Section 95-2.04 of~the Standard. Specifications. ~
The following street segments shall beincluded in this contract:
~~1. California Avenue - Stockdale Highway to Union Avenue
2 . Mi ng ~ Avenue ~ - ~ Wi b le Road to Che s to r Avenue
3. West Columbus Street-Chester Avenue to Union Avenue..(Yellow's only) ~ ~ ~
4. ~ White Lane- - Akers Road to Union Avenue
5. Truxtun Avenue - Oak ~ Street to East 19th Street/Beale Avenue
6. ~ Beale.Avenue East -19th Street~East Truxtun Avenue.. to Flower
Street
7. Oak Street -California Avenue to 24th Street
. D23:61014.17 ~ -17- JL:lh
PROPOSAL
FOR
REFLECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties
interested in this proposal as principals are those named herein; that this pro-
posal is made without collusion with any other person, firm or corporation; that
he has carefully examined the location of the proposed work, the annexed pro-
posed form of contract and the plans therein referred to; and he proposes and
agrees if this proposal is accepted, that he will contract with the City of
Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans .and spe-
cif ications for the above, filed in the office of the Finance Director of the
City of Bakersfield and as specified in the contract, in the manner and time
therein prescribed,. and according to the ,requirements of the Engineer as therein
set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing
the required contract, with necessary bonds, within ten X10) days, not including
Sunday, after having received notice that the contract is ready for signature,
the proceeds of the check or bid bond accompanying his bid shall become the pro-
. petty of the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
ITEM ESTIMATED UNIT OF IT~I UNIT PRICE E~SION
N0. QUANTITY MIEASURE (in figures) PRICE
(in figures )
1 4300 EA Furnish and install
white reflectorized
vement marker
Furnish and install
2 1700 EA yellow one-way
ref lector i zed payment
marker Furnish and install
3 1300 EA yellow two-way
relectorized pavement
marker
SIGNED Bidder
nll - g1 nl d - 1 Q panp 1 of 9 .TT-.: lh
TOTAL $
SIGNED _ -
Bidder - 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 .
e
D23:61014.19 Page 2 of 2 JL:lh
The Extension Price has been calculated by multiplying the Estimated
Quantity by the Unit Price, In the case of lump sum items, the Estimated
Quantity shall be unity, 'The Bid Total is the sum of all Extension Prices.
Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid 2bta1, ,the Unit Price(s) shall
prevail, and the bid submitted shall be the correctly computed sum of all
correctly computed Extension Prices,. provided, however, if the amount set forth
as a Unit Price is unintelligible or .omitted, then the amount set forth in the
Extension Price column for the item shall be used. to determine the correct Unit
Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price
column shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price
column shall be divided by the estimated quantity for the item and the
price thus obtained shall be the Unit Price.
LIST OF SIJBCONTRACT4R5
All persons or parties submitting a bid proposal on the project shall complete
the following form, setting forth the name and the location of the mill, shop
or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or
improvement in excess of one-half of one (1$} percent of prime Contractor's total bid, or TEN THOUSAND D4L~G~~RS ($10,.000} , whichever is greater, and the
portion of the work which will be done by each subcontractor,. This list is to
be completed and submitted with said bid proposal,
Subcontractor's Name Description of portion
and Street Address City, State, Zi } of work subcontracted
(attach additional sheets if needed)
If this proposal is accented and the undersigned fails to execute the aforesaid contxact and to provide surety bonds and evidence of insurance
acceptable to the City as is required within eig'nt days, not including
Saturdays, Sundays and legal holidays, after the bidder receives notice from the
City that the contract is rea~~y for signature, the City may, at its option,
determine that the bidder has abandoned the bid proposal and the bidder's
security shall be forfeited and shall become the property of the City. City
shall then be free to accept the bid of another bidder.
33:SP.LOSC JL:lh
GUARANTEE -
MATERIAL. AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
. REFLEC'hORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS
awarded on ,between the City of Bakersfield (hereinafter
ed to ws "Cit " ,and the undersigned, which contract provides. for the referr Y )
installation of
nd other facilities and under which contract the undersigned has installed such a facilities, the following guarantee of the said facilities is hereby made:
en the ro•ect is c leted and accepted, we guarantee the Wh p 3 ~
same to be free from imperfect workmanship and/or materials, and we
a ree to repair and/or replace at our own cost and expense, any and 9
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 acce tance of the-above named construction project, ordinary wear
p and tear or neglect. excepted. We also agree to repair and/or replace,
at our own cost.and a nse, any..work and/or materials that we may
disturb or displace in~makng good such defects.
Within twent -four (24) hours.. after being notified in Y
wiitin by the City or the City's representative, or the agent of g either of them, of any defects insaid work or materials, we.agree to
commence and rosecute with due diligence, all. work necessary to P
fulf i11 the terms of this guarantee and to complete the work within .a
reasonable riod of time, and in the event of our failure to so
co 1 we collective) and expressly do hereby authorize the City ~ y' ~ y f them to
and/or the City s representative, or the agent of either o ,
roceed to have such work done at our expense and we will, honor and p
pay the cost and charges therefor upon demand.
is made a ressl for and runs to the benefit of both ~h~s guarantee xp Y
:the City of the above mentioned construction project and the City's
representative, and shall be enforceable by either of them.
DATED ~ ~ Contractor s Name
Authorized Signature
JL: lh D23:61014.21 . 0
HOLD IIA~~NILESS AGR]E~+IENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to
indemnif and hold harmless the City of Bakersfield, its agents, employees or any
a
r rsons a ainst loss or expense including attorneys fees, by reason of the .othe pe g
' i im sed b law u n the City, except in cases of the City's sole liabil ty po y I~
' a e because of bodil in'ury, including death at-any time
negligence, for dam g Y J
ltin therefrom sustained by any person or persons, or on account of damage resu g ,
to roperty arising out of or in consequence of ~ _ p (agreement name}
FURTHER. UNDERSTOOD AND AGREED that the Contractor shall (at the IT IS
' i defend the Cit of Bakersfield .with appropriate counsel and option of the C ty}, Y
all costs and a nses, including the expense of counsel, in shall further bear ~
the defense of any suit arising hereunto,
DATED ~ - ~
Contractor s Name
Authori2ed~Signature
n
n2~ ~ h1_(114.22 -22- JL:lh
Y
CONTRACT t~0.
REFLECTORIZATION OF MAJOR STREETS AT VARIOUS LOCATIONS
S AGREEMENT made and entered into on ► by THI ,
een the CITY OF ~A~~~RSFIELD, a municipal corporation, hereinafter called and betty
- ."City," and ,hereinafter called "Contractor";
~WITNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
REFLECTORIZATON OF MA,TOR STREETS AT VARIOUS LOCATIONS r
within the City of Bakersfield. On - - the contract was
awarded to Contractor upon his properly executed bid; and
WHEREAS one of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
N THERI~FORE it is mutually. agreed. by and between the parties hereto OW,
as follows:
ARTICLE I
Contractor .a Tees to furnish- supplies, equipment, labor .and materials
9 for
. ~ within the City of Bakersfield.
ARTICLE II
The followin shall be deemed to be part of -this contract as if ,fully 9
set forth herein: i
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4.° Bidder's Bond
5 , Performance Bond
6. Material and Labor Bond . 7. -Letters of transmittal, if any
8. All provisions required by law to be inserted in this..
contract whether actually inserted or not. .
9.Hold Harmless Agreement
10. Current PW1 (if required by Specifications}
• LvJ~Viviz•~~
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
CI~~ZENCE E. MEDDERS, Mayor
APPR~~VED AS TO FORM:
By.._......
City Attorney
APPROVED AS TO CONTENT:
By
Public Works Director
COI:INTERSIGNED:
By
Finance Director,
D23:61014.24 -2- JL:lh
[Zb be completed by the Contractor, if he elects to substitute securities in lieu
of retention] .
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
F THIS ESCROW AGREFI~IT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is _ ►
hereinafter called "Contractor" and
whose address is _ -
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to .Section 22200 of the Public Contract~Code of the State
of California, Contractor has the option to deposit securities with Escrow Agent: as a substitute for retention earnings required to be withheld by Owner pursuant
to the Construction-Contract entered`intobetween the Owner and Contractor for
_ -
in the amount of dated (h~reinafter~referred to
as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10} days
of the deposit. The market value. of tie securities at the time of the
substitution shall be at least equal to the cash amount then required to be
withheld as retention under the terms of the Contract between the Owner and.
Contractor. Securities shall be held in the name of ~ ,
and shall designate the Contractor~as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such
funds. which otherwise would be withheld from progress payments pursuant to the
Contract provisions, provided that the Escrow Agent hold securities in the form
and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow
Agent in the amount of retention for thebenefit of the Owner until such time as
the escrow created hereunder is terminated.
D23:61014.25 -1- ~ JL:lh
4. Contractor shall be rPs~nsi'ole for paying all fees for the
expenses incurred by Escrow Agent in .administering the escrow account. These . expenses and .payment terms shall be determined by the Contractor and Escrow
Agent.
5. The interest earned on the securities or the money market accounts
held in escrow and all interest earned on that interest shall" be for the sole
account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the
principal in the Escrow Account only by written notice to Escrow Agent
accompanied by written authorization from Owner to the~Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor..
7, 'The Owner shall have aright to draw upon .the securities in .the event of default by the Contractor. Upon seven (7) days' written notice to the
Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the'
Owner.
8. Upon receipt of written notification from the Owner certifying
that the Contract is final and complete, and that the Contractor has complied - with all requirements-and procedures applicable to the Contract, Escrow Agent
shall release to Contractor all securities and interest on deposit. less escrow
fees and charges of the Escrow Account. The escrow shall be closed immediately
upon .disbursement of all moneys and securities on deposit. and payments of fees
and charges. ,
9. Escrow Agen shall rely on the written notifications from the .Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of -this
agreement and the Owner and Con ractor shall hold Escrow-Agent harmless from.
Escrow Agent's release and disbursement of the- securities and interest as .set
forth above.
10. The named of the ,persons who are authorized to give written notice
~or receive written notice on behalf of .the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their fespective signatures, are
as follows
On behalf of Owner : On behalf of Contractor :
Title Title
Name ~ Name
Signature Signature
Address Address
o .
D23:61014.26 -2- JL:lh
On behalf of Escrow .Agent:
Title
Name
Signature-- r
Address
At the timethe Escrow Account is opened., the Owner and Contractor
shall deliver to the Escrow Agent a fully executed counterpart of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
proper officers on the date first set forth above. ~ .
Owner Contractor
Title Title
Name Name
.Signature Signature
.
NOTE: THIS PART SHAZ,L REMAIN IN EIE'FECT ONLY UNTIL JANUARY 1, 1992, AND AS OF
THAT DATE IS REPEALED, UINLESS A LATER ENACTED STATUTE, WHICH IS -
Cf~~PTERED ON OR BEFORE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE.-
D23:61014.27 -3- JL:lh
Accompanying t~~is proposal is
(NOTICE: Insert the words cash cashier s check, certified
check," or "bidder's bond," as the case may be), in amount equal to at least ten
percent of the total of the bid.
~e names of all persons interested in the foregoing proposal as principals
are as follows:
IMPORTANT NOTICE If bidder or their interested person is a corporation, state
legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a
copartnership, state true name of firm, also names of all individual copartners ~ -
composing firm; if bidder or other interested person is an individual, state
ffirst and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No. ~
_ SIGN
HERE
Signature of Bidder
.NOTE--If bidder is a corporation, the. legal name of the., corporation
shall be set forth above together with the signature of the officer or
officers authorized.. to sign .contracts on behalf of the corporation; if
bidder is a copartnership, the .true name of the firm shall be set forth above together with the signature of the partner or partners
authorized to sign contracts. in behalf of the copartnership; and if
bidder is an individual, his signature shall be placed above:. If
signature is by an agent, other than. an officer of a corporation or a~
member of a partnership, a Power of Attorney must be on file with
the City Clerk of the City of Bakersfield prior to opening bids or
submitted with the bid; otherwise, the, bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No , „~,,~s,~,>~~,~,>>>,,,>>> „ ,~,.~a.,,,,,,~,
Place of Residence
DatAd 19.....
SP. BIDNOTC
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certifie~~ check is with bid} ,
KNaW ALL MEN BY T~~ESE 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 CONDITIQN 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 City and if tc~e
above bounden principal, heirs, executors, administrators, successors and-
assigns, shall duly enter into anc~ execute a contract, to construct said
improvements aforementioned, and shall execute and deliver the two bonds
required by law, within ten days (not .including Sunday} from the date of a notice
to the above bounden principal, that said contract is ready for execution, then
thus obligation shall become null and void, otherwise it s!~all be and remain in
full force and. of f ect.
IN WI~fiJESS WHEREOF, we .have hereunto set our .hands and seals this ~ day
of 19
(Seal)
(Seal}
(Seal)
3 3 : ~ TNT. ~~NT) P~dP 1 ~f ~ ,TT. ~ 1 h
B
STATE OF CALIFORNIA }
} ss.
COUNTY OF
On this day of 19.....1, before me,
..................................................y.....................,
a notary public in and for the County of State of
California, personally appeared
% / personally known to me / /proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed. to the within instrument as
the Attorney in Fact of
and acknowledged to me that he subscribed the name of
..........................................thereto as ..surety,., and his own
name as .Attorney in Fact.
IN WITl~1ESS WHEREOF I have...hereunto,set my hand and affixed my
official seal the day and year in this certificate first above written,
Notary Public in and for said County and State
33:BID.BOND1 ~ Page 2 of 2 JL:lh
And the said Surety, for value received, hereby stipulates and agrees
that no chap e, extension of time, alteration, or addition to the terms of the 9
contract or to the work to be performed thereunder or the specifications
accom an in the same shall, in any way, affect its obligations on this bond, p Y 9
and it does. hereby waive notice of .any such change, extension of time, alteration,
or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil
Code of the State of California.
_ Asa art of the obligation secured hereby and in addition to the p
amount specif.~ed therefor, there shall be included costs and reasonable expenses
and fees, including reasonable attorney's-fees, incurred by the Owner in
successfull enforcing such obligation, all to be taxed as costs and included in Y any judgement rendered.
IN WITNESS TrJHEREOF, the above mentioned parties have executed this,
instrument under their seals this day of ,the
name and cor rate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Principal
By • -
~Seal Signature for Principal Title { )
Surety
By • ~
{Seal) Signature for Surety Title
{Attach notarization form for each required signature,.)
r
Page 2 of 2
D23 : 610.14.29 ~ lY~
MATERIAL - L,ABC)R BOND
KNIT ALL MEN BY THESE PRESENTS, THAT,. WHEREAS, the CITY OF
BAKERSFIELD Count of Kern, State of California, hereinafter designated the Y
- "Owner "has, on ,awarded to
hereinafter desi nated as the "Principal," a contract for the .construction of 9
REFLECTORIZATION OF ~~AJOR STREETS AT VARIOUS .LOCATIONS.
WHEREAS said Princi 1 is required to furnish. a bond in connection ~ ~ ,
and with said contract, providing that if sand Principal, or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other
supplies used in, upon, for,, or about the performance of the work contracted to
'pe done or for an work or labor done t'nereon of any kind, the Surety of this Y bond will pay .the' same to the extent hereinafter ..set forth:
NC~►T, THEREFORE, WE, the Principal, and (LEA BI~~NK FOR
BONDING COMPANY_)__ , as Surety, are held and firmly bound unto the
Owner the nal sum of (50~ OF AMOUNT AWARDED AT COUNCIL MEETING) dollars
~ lawful money of the United States, for the payment of which sum
weld and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and Severally, firmly by these
presents.,
CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his THE ,
or its heirs, executors, administrators, successors, or .assigns, shall fail to
na for an materials, provisions, or other supplies used in, upon, for, or LY Y
about the performance of the work contracted to be done, or for any work or
labor thereon of ,...any kind or for any amount due under the Unemployment Insurance Cade with respect to work or Tabor performed under the contract, or for any
amounts due,- or to be withheld pursuant to Sections 18806 of the Revenue and
Taxation Code of -the. State of California with respect to such work or labor, as
rewired by the provisions of Chapter III, Division V, Title I of the Government q
Code of the State of California, or with respect to .any work or labor for which,
is rewired b the rovisionS of Sections 3247 through 3252 of the Civil a bond q Y p or
Code of the. State of California, and provided that the. persons, companies, cor rations so furnishing said materials, provisions, or other supplies,
l~ , appliances, or power use, in, upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor
u n same, or any person who supplies both work and materials, thereto, shall
-have complied with the provisions of said Civil Code, then said Surety wall pay
the same in on to an amount not exceeding the amount hereinabove set forth, and
also will ay in case suit brought upon this bond, such reasonable attorney's p fees to the Owner as shall be fixed by the court.
• 1 14.30 1 ~ JL:lh D23.6 0
Thi's bond shall inure to the benefit of the Owners and any and all
persons, companies, and corporations and their respective assigns entitled to
file claims under applicable State law, including, but not limited to,
California Civil Code Section 3181, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees
that no~change, extension of time, alteration, or addition of the terms of the contract or to the work to be performed thereunder or the specifications
acco an in the same shall, in any way, affect its obligations of this bond, mP ~ 9
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 2,845 of the Civil
Code of the State of California.
IN WITNESS WHEREOF, the above, bounded parties. have executed this
instrument under their seals this day of ► 19
the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to
authority of its governing body'.
Principal .
(Seal)
. Signature far Principal Title
Surety
(Seal)
,F Signature for Surety Title
D23:61014.31 2 ~JL:lh