HomeMy WebLinkAbout1992 Special Provisions Project 81004COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA
P
ti
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
FLASHING YELLOW BEACONS - PACHECO ROAD AT
OLIVIA STREET
BID OPENING:
DATE AUGOST 7, 1992
TIME 11:00 A.M. .
PROJECT N0. 81404
. Oe
~ ~
~ Q`~
~ ~ ~ m
0.32300
DEPARTMENT OF PUBLIC WORKS EXP. Z„
CITY OF BAKERSFIELD
1501 TRUXTUN AVENUE ~ ~ ~ e~v~ Q~
BAKERSFIELD, CA 93301 9 ~ 1~ Telephone: (805 326-3724 CAS
81004
EM:wrn
CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received. by the City of Bakersfield at the Office of the Purchasing
Officer, City Ha11,1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on AUGUST 7,
1992 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
INSTALLATION OF FLASHING YELLOW BEACONS AT PACHECO ROAD AND OLIVIA STREET
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of
the Purchasing Officer by posting a refundable deposit of ZERO ($-0-)for each 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. The City assumes no
responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the
bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Ofi"icer,
which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in
accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the
Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the
requirements of article 2-1.07 of the said Section 2 of the Standard Specifications.
The Cifiy of Bakersfield reserves the right to reject any or aU bids. Bids are required on the entire
work described herein.
Substitution of securities for moneys retained. to ensure performance shall be permitted pursuant to
the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing
demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the
City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special
provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this
contract is awarded.
The work completed shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 1988, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1?20 et seq.) the Contractor
shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of
California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open
for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield,
California.
2
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing flashing yellow beacons at
Pacheco Road and Olivia Street.
CITY OF BAKERSFIELD
EDGAR W. SCHULZ
Public Works Director
3
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specipications 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 Specipications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
the intent and meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such
agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business
and Transportation Agency, dated January, 1988.
State -The City of Bakersfield. ,
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act
do not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special
provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard
Specifications.
4
SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California,
will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, unti111:00 o'clock A.M. on AUGUST
7 1992, sealed proposals for
INSTALLATION OF FLASHING YELLOW BEACONS-PACHECO ROAD AT OLIVIA STREET
Z-1.OZ APPROI~IMATE ESTIlVIATE. The Engineer's estimate of the
quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the
comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual
amount of work. will correspond therewith, but reserves the right to increase or decrease the amount of any
class or portion of the work or to omit portions of the work that maybe 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 proposal, plans and specifications, and
contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and
as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that
the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREG ES. Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the
prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any
irregularity.
2.1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from
the Purchasing Officer, the form of which appears herein immediately following these special provisions. All
proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is
made by an individual, his name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post ofi"ice 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.
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, commencing with Section 4100 of the
Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition
of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
5
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
` ~ Bidders are cautioned that this listing requirement is in addition to the requirement to provide a
list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the
specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the
time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the
Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are
opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2.1.10 PUBLIC OPENING OF 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.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985)
provides as follows:
Any state agency may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a public works or
services contract with the agency under this part or from being a subcontractor at any
tier upon the contract, if that person, or any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, has been
convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law
in connection with the bidding upon, award of, or performance of, any public works
contract, as defined in Section 1101, with any public entity, as defined in Section
1100, including for the purposes of this article, the Regents of the University of
California or the Trustees of the California State University. A state agency may
determine the eligibility of any person to enter into a contract under this article by
requiring the person to submit a statement under penalty of perjury declaring that
neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three
years.
A form for the statement required by Section 10285.1 is included in the proposal.
6
Z-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is
interested in more than one proposal for the work contemplated may cause the rejection of all proposals in
which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for
believing that collusion exists among the bidders any or all proposals maybe rejected. Proposals in which the
prices obviously are unbalanced may be rejected.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder. The
language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and
capacity of low bidder to satisfactorily perform the proposed work.
3.1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible
bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by
an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil
Procedures. 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 (SO%) of the contract price and shall guarantee payment to
laborers, mechanics and material workers employed on the job under the contract and shall be in the amount
` and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the
protection of the claims of laborers and material men, become insufficient, or the City has cause to .believe that
such surety or sureties have become insufficient, a demand in writing maybe made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary,
considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional
surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and
returned, together with the contract bonds within ten (10) days, noe including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until
the execution of the contract. All contracts shall be considered as being made and entered into in the City of
Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not
including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for
the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the
contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be
considered in making the award. A11 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.
7
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated
Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is
amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written notice
to proceed. The Contractor shall diligently prosecute the same to completion before
the expiration of 20 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 City of Bakersfield the sum of $250.00 per day for each and every
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as
included in the prices paid for the various items of work and no additional allowance will be made therefor.
The Contractor shall furnish the Engineer with a statement from the vendor that the order for the
electrical materials required for this contract has been received and accepted by said vendor, and said statement
shall be furnished within fifteen (15) calendar days from the date of the contract. Said statement shall show the
date or dates the electrical materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all
components necessary for operation of the signal system are on hand. The Contractor will be granted an
extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for
any portion of the delay in completion of the work caused by manufacturing time should approval be given to
begin prior to delivery of all signal system components. The number of days extension shall be the working days
between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the
Engineer in writing and the Engineer will order start of work in writing.
SECTIONS . GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-I.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions
of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work
called for in this contract shall not be construed as an election by the City to proceed under. Section 20396 of the
Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the
matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases 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 authorized by the City Council.
8
5.1.03 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 Working Drawings", of the Standard Specifications is amended by adding
the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer
shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
is ,amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be
reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is
amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his
requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable
length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
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. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than
the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
9
required to work more than eight (8) hours per day or more than forty (40) hours per week, except
as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(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 7-1.01A(4}, "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
(Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and
Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal
employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.OlA(5), "Apprentices,"
of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor
and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS:' This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship
Standards on the Contractor's and each Subcontractor's letterhead or 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 o~f the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
5-1.08 TRENCH SAFETY. The, Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000} 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.
10
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.OII, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 p.M. and 6:00 A.M.,
shall not exceed 86 dbA at a distance of SO 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 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 Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30
P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job
Conference. Written 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 any Subcontractor to commence work on his subcontract until said certificates of insurance
have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be
responsible for any deductibles under all required insurance policies.
5-1.13A HOLD 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 any work performed by the
Contractor, his agents, employees or subcontractors under the terms of this agreement and shall
execute and return with the executed contract documents and bonds the "Hold Harmless
Agreement," a copy of which is attached hereto.
5.1.13B INSURANCE. In addition to any .other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the
duration of this agreement the following types and limits of insurance:
11
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 ($1,0,000) per occurrence; and
The automobile liability policies shall provide coverage far owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis
. for bodily injury, including death, of one or more persons, property damage and personal injury,
with limits of not less than one million {$1,000,000) per occurrence. '
The.liability policies shall provide contractual liability coverage for the terms of this agreement.
The liability policies shall contain an additional insured endorsement in favor of the City, its
mayor, council, officers, agents, employees and volunteers;
Workers' 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 endorsement in favor of
the City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects the City,
its mayor, council, officers, agents, employees and volunteers and any insurance or self insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided
by or on behalf of the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to
be performed under the terms of this agreement is satisfactorily completed as evidenced by
formal acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's
bid, and no additional allowance will be made for additional costs which may be required
by extension of the insurance policies.
5.1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165, ,
"Damage by Storm, Flood, Tidal Wave or Earthquake;' of the Standard Specifications is deleted and shall not
apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with
City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
12
The Contractor shall inform himself as to all regulations and requirements of the City Engineer
and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the
City. The Contractor shall make his own arrangements,
and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise
provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the
Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of
proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified
and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should
he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the
Engineer, within the time specified in such notice, the City Council in any such case shall have the power to
suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the
Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; may
employ other parties to carry the contract to completion, employ the necessary workmen, substitute other
machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem
proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any
excess of cost arising therefrom over and above the contract price will be charged against the Contractor and
his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the
contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be
. credited with the amount of money so forfeited toward any excess of cost over and above the contract price,
arising from the suspension of the operations of the contract and the completion of the work by the City as
above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such
completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the
contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on
all parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time
as he may deem necessary, due to the f ailure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and
shall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article
9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
13
' The City may withhold funds, or because of subsequently discovered facts, nullify the whole or
any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard
Specifications is amended to read:
The Director will make the final determination of any claims which remain in dispute after completion of claun review. 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 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 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 certificate or final payment, shall be conclusive evidence of the
performance of the contract, either wholly or in part, against any claim of the party of the first part, and. no
payment shall be construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract,
and the adjustment and payment for any work done in accordance with any alterations of the same, shall
release the City, the City Council, and the Engineer from any and all claims or liability on account of work
performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT'.
Third paragraph of Section 24-1.08, "PAYMENT'.
Second paragraph of Section 36-1.07, "PAYMENT'.
Tenth paragraph of Section 39-8.02, "PAYMENT'.
14
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and
subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project.
SECTION 6.CONTROL OF MATERIALS
6.1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before delivery is started and before such material is used in the work. Representative preliminary
samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials
to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the
specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL,SITES. The operation of any borrow or disposal
sites used by the Contractor to produce or dispose of material for this project shall comply with. the
requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and
sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by
the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at
the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a
potential as a source of blowing dust or other pollution which is no greater than when in their original
condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain
requirements which conflict with the requirements in the first and second paragraphs of this section, the
requirements of the permits shall govern over the conflicting requirements of this section provided the permit
requirements have been .approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in
this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor.
6.1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of
Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or
assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
SECTION 7.CONSTRUCTION DETAILS
SECTION 7-1GENERAL
7-1.01 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway
Facilities," of the Standard Specifications, the plans, and the special provisions.
15
The Contractor will be required to work around public utility facilities and other improvements
that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and
7-1.12, "Responsibility for Damage;' of the Standard Specifications, the Contractor will be liable to owners of
such facilities and improvements for any damage or interference with service resulting from conducting his
operations. The exact location of underground facilities and improvements within the construction area shall be
ascertained by the Contractor before using equipment that may damage such facilities or interfere with the
services. Other forces may be engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a~manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or
correctly located on the plans will not be compensated for as idle time. However, additional contract time
commensurate with such delays may be allowed.
At locations where irrigation systems exist, the Engineer will direct the Contractor as to what
steps will be required to protect the irrigation system and the area it serves. The Contractor shall replace the
irrigation system as directed by the Engineer.
Existing land subdivision monuments and stakes shall be fully protected from damage or
displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project.
It will be the responsibility of the Contractor to provide for handling of said water and any expense involved
shall be considered as included in the prices paid for the various items of work and no additional allowance will
be made therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this
article shall be considered as included in the prices paid for the various items of work and no additional
compensation will be made therefor.
7-1.02 MAINTAIN TRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when performing work which interferes
with or endangers the safe movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the
requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices far Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation.
Application and use of devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at
all times as to the exact location and progress of the work and shall notify
them immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the
hours *[7:OOAM - 4:30PM]-, Monday through Friday. Where construction operations are actively
in progress, a minimum of one traffic lane, not less thatn twelve feet in width, shall be open for
use by public traffic. Where construction operations are not actively in progress, not less than two
16
such lanes shall be open for use by public traffic. Public trafl"ic maybe 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 construciton. No additional compensation will be
allowed for any shaping or shoulders necessary for the accommodation of public traffic thereon
during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered
by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain
construciton area signs, lights, flares, temporary railing (Type K}, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the
Contractor shall furnish competent flagmen whose sole duties shall consist of directing the
movement of public traffic through or around the work. When deemed necessary by the City, the
signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished,
installed and maintained by the Contractor at locations as directed by the Engineer at least 48
hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be
considered as included in the prices paid for various items of work and no additional allowance will be made
therefor.
7-1.03 EXISTING 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 during construction so as to convey the same intent that
existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed form the project area shall be delivered
to the City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the two preceeding
paragraphs shall be considered as included in the prices paid for the various items of work and no additional
allowance will be made therefor.
7.1.04 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadway Signs," of the Standard. Specifications and these special provisions.
Miscellaneous roadside signs shall conform to City Standard TS-4. Where sign posts are placed
within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar
methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits
required to form a neat finish as directed by the Engineer.
MEASUREMENT AND 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 panels mounted on a single post shall be counted as one roadside sign (GSP Post).
17
7-1.05 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section
56, "Signs," of the Standard Specifications and these special provisions.
Mast-arm hangers for street name signs will be furnished and installed
by the City.
Street name signs will be furnished and installed by City of
Bakersfield using mast-arm hanger methods such as Hawkins
MIOJ Series swinging sign bracket, with return spring removed, or acceptable equal.
Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall
be furnished and installed by the Contractor in accordance with the plans and these special
provisions. Compensation for overhead signs shall be considered included in the respective
contract lump sum price or prices for signal, flashing beacon, or combination thereof.
SECTION 7-ZTRAFFIC SIGNALS AND LIGHTING
7.2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall fun~nish the appropriate nuts and washers for existing foundations to be reused.
Portland cement concrete shall conform to Section 90-10, "Miinor 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 and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods. Installation using
jacking or drilling shall conform to Section 86-2.OSC, "Installation," of the Standard Specifications. Open trench
installation shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement
in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to
placement 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 backpilled
with a one (1) sack slurry cement backflll. Slurry cement backflll shall be placed to within
0.20 feet of the pavement surface. The top 0.20 feet shall be back~illed with asphalt concrete produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section
39-4.02, "Prime Coat and Paint. Binder;' of the Standard Specifications. Spreading and
compacting of asphalt concrete shall be performed by any method which will produce an
asphalt concrete surface of uniform smoothness, texture, and density.
18
4. All excavated areas in the pavement shall be backpilled by the end of each work day.
Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of
construction, the Engineer may specify which of the above methods maybe used.
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes,"
of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, "Splicing;' of the Standard
Specificatoons are deleted.
Conductors shall be spliced by the use of "C' shaped compression connectors as shown on
Standard Plan ES 13.
Splices shall be insulated by "Method B:'
7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the
Standard Specifications and these special provisions.
Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 15
amp, 120 volt, 3 pole main breaker.
The Engineer will arrange with the serving utility to complete service connections to service points
shown on the plans and will pay all required costs and fees required by the utility.
7-Z.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing;' of the
Standard Specifications and these special provisions.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86
2.14C "Functional Testing," of the Standard Specipications 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 conform to the provisions in Section 8b-4.01, "Vehicle Signal Faces," 86.4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal
Mounting Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
19
All signal faces shall be provided with 12-inch sections.
The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows:
Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized
ductile iron.
7.2.08 CONTRC}LLERS, CABINETS AND AUXILIARY EQUIPMENT. The Controller assembly
and auxiliary equipment shall conform to the provisions of Section 86-3.01 "Controller Assembly," Section 86- 3.08L "Flasher" and Section 8d-3.09 "Components" of the Standard Speci~icaitons and these special provisions.
Solid state controller shall be as shown on the plans.
7.2.09 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form
attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one
~1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans and
these special provisions.
7.2.10 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section
86-8, "Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in•drilled hole concrete pile foundations shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will
be made therefore.
Full compensation for concrete apron shall be considered as included int he contract lump sum
price and no separate payment will be made therefore.
20
PROPOSAL FOR
INSTALLATION OF FLASHING YELLOW BECONS-PACHECO ROAD AT OLIVIA STREET
To the City Clerk. of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this -
proposal as principals are those named herein; that this proposal 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 ptescribed 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 anal specifications for the above, filed in the ofpice of the
Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein
prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract,
with necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract
is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the property of
the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
Item ESTIMATED UNIT OF I'T'EM UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE
(in figures)
1. 1 LS Flashing Yellow
Beacon
SIGNED Total $
Bidder
Company
Address
P.o. Box
City State Zip Code
~ )
Area Code Telephone Number
License No, and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Page 1 of 2
21
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension
Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension
Price(s) .and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the correctly
computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit
Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be
used to determine the correct Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price
column shall be the Unit Price.
(2} As to unit basis items, the amount set forth in the Extension Price
column shall be divided by the estimated quantity for the item and the
price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth
the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or
render service to the Contractor in or about the construction of the work or improvement in excess of one-half
of one (1%} percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($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 ~CitX, State, Zinl of work subcontracted
(attach additional sheets if needed)
22
INSTALLATION OF FLASHING YELLOW BEACONS•PACHECO ROAD AT OLIVIA STREET ROAD AT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of California )
)SS:
County of )
,being first duly sworn, deposes and
Name
says that he or she is of
Title 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 conference with anyone to fix the bid
price of the bidder or .any other bidder or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate
a collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this_day of , 19_.
23
ccompanymg t is proposa is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case maybe), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
• ...........................................................................s.......................................................................................................•..............................•
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
OTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the
officer or oft"icers 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 Cifiy 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.....
24
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid}
KNOW ALL MEN BY THESE 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 install flashing yellow beacons at Pacheco Road
and Olivia Street
_ in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is
accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators,
successors and assigns, shall duly enter into and execute a contract, to construct said improvements
aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not
including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for
execution, then this obligation shall become null and void, otherwise it shall be and remain in full force
and effect.
IN V~►~ITNESS WHEREOF, we have hereunto set our hands and seals this day of
19
(Seal}
(Seal)
(Seal)
Page 1 of 2
25
STATE OF CALIFORNIA )
~ ss. COUNTY OF )
On this day of ,19 before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto as surety, and his own name as Attorney in Fact.
IN HESS 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
26
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAI~RSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for: FLASHING YELLOW BEACONS AT PACHECO ROAD AND OLIVIA STREET, 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 sign 1 system ,and under which contract the undersigned
has furnished and installed such system, the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective
or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, 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 replacements 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 continence to be made
and such materials as are necessary shall commence to be furnished and installed within Twenty-Four {24) hours of
the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the
work within a reasonable period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to
operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications
included in said contract.
Date Contractor's Signature
Firm
Address
27
GUARANTEE
MATERIAL AND WORKMANSffiP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
FLASHING YELLOW BEACONS-PACHECO ROAD AT OLIVIA
STREET ,awarded on
,between the City or Bakersfield (hereinafter referred to as "City"), and the undersigned, which
contract provides for the installation of Flashing yellow beacons at Pacheco Road and Olivia
Street , and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of
the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship
and/or materials, and we agree to repair and/or replace at our 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 and/or materials that we may disturb or displace in
making good such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the
agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due
diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable
period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of .them, to proceed to have such work done at our
expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned
construction project and the City's representative, and shall be enforceable by either of them.
DATE
Contractor's Name
Authorized Signature
28
HOLD HARMLES S 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 resulting therefrom, sustained by any person or
persons, or on account of damage to property arising out" of or in consequence of . (Agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the
City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses,
including the expense of counsel, in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
29
SAMPLE ~ SAMPLE
CONTRACT N0.
FLASHING YELLOW BEACONS-PACHECO ROAD AT OLIVIA STREET-CITY OF BAKERSFIELD
THIS AGREEMENT, made and entered into on , by and between
the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City;' and ,hereinafter called "Contractor";
WITNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On ,the contract was awarded to Contractor upon his properly executed bid; and
WHEREAS, one of the conditions of ,said award required a formal contract to be executed by and
between City and Contractor.
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 forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4.' Bidder's Bond 5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in
this contract whether actually inserted or not.
9. Hold Harmless Agreement
10. Current PWI cif required by Specifications)
30
IN V~►RTNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day
and year first-above written.
CITY OF BAKERSFIELD
By Mayor
(NAME OF CONTRACTOR)
By
Contractor
APPROVED AS TO FORM:
By
City Attorney
COUNTERSIGNED;
By
Finance Director
31
[To be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owned',
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 into between the Owner and
Contractor for
in the amount of dated
_ (hereinafter 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 X10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount
then required to be withheld as retention under the terms of the Contract between the Owner and
Contractor. Securities .shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above.
3. Alternatively, the Owner may make 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.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow
Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
32
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.
fi. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the
Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by
Contractor
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the
Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed
by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contrac# is final and
complete, and that the Contractor has complied with all requirements and procedures applicable to the
Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all
moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor
pursuant to Sections (4) to ~6), inclusive, of this agreement and the Owner and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as
set forth above.
10. The names of the persons who are authorized to give written notice or receive written
notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and
exemplars of their respective signatures, are as follows;
On behalf of Owner: On behalf of Contractor:
Title Title
Name _ Name
Signature Signature
Address Address
33
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN V111TNESS 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 SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1,1992, AND AS OF THAT
DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS CHARTERED ON OR BEFORE
JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE.
-3-
34
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 IDATE OF AWARD}, 1 awarded to ~NAM_E 0_F
CONTRACTORI , a corporation organized and doing business under and by virtue of the laws of the
State of California, hereinafter designated as the "Principal," a contract for the PROJECT
DESCRIPTION; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for
the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and ILEAVE BLANK FOR BONDING COMPANYI, as Surety, are held and firmly bound unto the
Owner in the sum of (100% OF AMOUNT AWARDED AT COUNCIL MEETINGI lawful money of
the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by,
and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said
contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue
and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such
reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one (1}year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his or its heirs,
executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said
period of one year from the date of acceptance of said work, and resulting from or caused by defective
materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the
said amount shall remain in full force and effect. However, anything in this paragraph to the contrary
notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the
Principal remains.
Page 1 of 2
35
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to
the terms of the contract or to the work or to the specifications. Said Surety hereby waives the
provisions of Sections 2819 anal 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the owner in successfully enforcing such obligation, alI to be taxed as costs and included in
any judgment rendered.
IN WITNESS WHEREOF, the above mentioned 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
Signature for Principal Title
(Seal}
Surety
Signature for Surety Title
(Seal)
(Attach notarization form for each required signature.)
Page 2 of 2
36
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 CONTRACTORI, hereinafter
designated as the "Principal," a contract for the construction of FLASHING YELLOW BEACONS-
PACHECO ROAD AT OLIVIA STREETI; and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing
that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, ~ provisions, or
other supplies used in, upon, for, or about the performance of the work contracted to be done, or for
any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, the Principal, and CLEAVE BLANK FOR BONDING COMPANYI, as
Surety, are held and firmly bound unto the Owner the penal sum of (50% OF AMOUNT AWARDED
AT COUNCIL MEET dollars lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or
labor thereon of any kind or for .any amount due under the Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts due, or to be withheld
pursuant to Sections 1880b of the Revenue and Taxation Code of the State of California with respect to
such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government
Code of the State of California, or with respect to any work or labor for which a bond is required by
the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided
that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies,
appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed
or performed, or any person wl~o performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety
will pay the .same in or to an amount not exceeding the amount hereinabove set forth, and also will pay
in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by
the court.
37
This bond shall insure to the benefit of the Owners and .any and all persons, companies, and
corporations and their respective assigns entitled to file claims under applicable State law, including, but
not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does
.hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract
or to the work or to the specifications. Said Surety hereby waives the ~ provisions of Sections 2819 and
2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their
seals this- day of 19_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
Signature for Principal Title
(Seal}
Surety
Signature for Surety Title .(Seal)
38