Loading...
HomeMy WebLinkAbout1994 Special Provisions Project 81005RETURN PLANS ~ SPECS TO: BRUCE DEFTER /TRAFFIC Ef~INEERING 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 CITY OF BAB~RSFIELD CAL~ORNTA NOTICE TO CONTRACTORS, SPECIAL PROVISIONS, . BID PROPOSAL AND CONTRACT FOR CONSTRUCTION OF MEDIANS ON WHITE LANE BETWEEN CERNAN WY AND TUBAC LN BID OPENING: DATE AUGUST 10, 1994 TIME. 11:00 A.M. PROJECT NO. 81005 DEPARTMENT OF PUBLIC WORKS Q~~Q~~~ ~~S/~~ ~ CITY OF BAI~RSFIELD ~ Q ~j, ~ ~ 4 BAi~RSFIEI.D, CA~93~ ~ y~ No. 32300 ~ rn ` Telephone: (80~ 326-3724 ~ s~q c rv e~? CITY OF BAKERSFIELD ACCEPTING BIDS CONSTRUCTION OF MEDIANS ON WHITE LANE BETWEEN CERNAN WAY AND TUBAC LANE Deadline: AUGUST 10, 1994 @ 11:00 A.M. Contractor's License Required: CLASS "A" OR "C-8" Engineer's Estimate: $22,000.00 Mailing Fee: $5.00 Mailing Fee: $5.00 (non-refundable) per set UNLESS you suppty your Federal Express or Airborne Express Account Number. COST TO BUILDERS' IXCHANGE OFFICE IS 515.00 NON-REFUNDABLE PLANS AVAILABLE FROM: PURCHASING DIVISION 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 805-326-3914 (ADV757f B ched labels , use the atta e when ou submit our on the envelo p J' J' . bid to the Purchasm Division. g i Thank ou. y . T~:~ : ~~►~'CE~E ~V I BHA t~?~F~~~A~ ~ ~~~'F I c~ ~ TY ~.~F" ~A E ~ ~ F' i E L C~ ~ v~ 1 TF~~;~T~.~~ AV~~#~JE 1 Cg ~ ~ : C~ i ~1 ~V~ 1 TE A P~ ~ C~ ~~.~E : A ~t~~~.j ~`~T ~ ~ ~ ~ t ~ A: IBIDFORMIBIDRETUR C~['I'Y OF BAgERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on August 10,1994 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: CONSTRUCTION OF MEDIANS ON WHITE LANE BETWEEN CERNAN WY AND TUBAC LN Plans and specifications, and forms of proposal, bonds, and contract, maybe obtained at the office of the Purchasing Off cer by posting a refundable deposit of ZERO DOLLARS ($0.00) for each complete set. Refund of deposit will be made provided the plans and speafications are returned to the Purchasing Officer within twenty-one (21) 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'- respoil~ty to~ meet the deadline stated above. , ; , , No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 2;2300. 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-8 Contractor's License at the time this contract is awarded. The proposed work shall be done in accordance with the Standard Speafications of the Department of Transportation, Business, Transportation and Housing Agency, dated July, 1992, insofar as the same may apply. Pursuant to .Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not pay less than the prev ' ' rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prev 'ailing 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 removal of striping, placement of asphalt concrete, traffic stripe, pavement markings, and pavement markers, and construction of concrete median curb. i CITY OF BAKERSFIELD RAUL M. ROJAS Public Works Director .-~.r i~ 3 CITY OF BAKERSFIELD, CALIFOR1vIA DEPARTMENT OF PUBLIC WORK5 SPECIAL PROVISIONS SECTION 1-DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specif cations, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special i provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.OZ 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, Transportation and Housing Agency, dated January, 1992. ~ 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 i SE~C'1'ION 2 -PROPOSAL REOIJ~IREMEIVTS 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 10,1994 sealed proposals for: CONSTRUCTION OF MEDIANS ON WHITE DANE BETWEEN CERNAN WY AND TUBAC LN 2-1.OZ APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by, the Engineer. 2-1.03 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 performed said examination, 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 speafications, the special provisions, and the contract. It is mutually agreed that. the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals maybe 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 maybe 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 office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name 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 GU E. 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. A sheet for listing the Subcontractors, as required herein, is included in the Proposal. 5 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 speciftcations 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 37b, Stats,1985) provides as follows: Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may. determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of . the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for 6 ' believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. SECTION 3 -AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL, The award of the contract, if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds 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 (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 in Section 3248 of the California Civil Code. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety ~ or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CONTRACT, The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10} days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, .California. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S GU EES. Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. SECTION 4 -BEG G 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 speciftcally hereby made a part of these special provisions. 7 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 15 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 $2_ per day for each and every calendar day's delay in finishing the work in excess of the number of working days. prescribed above. SECTION 5 ~ -GENERAL 5-1.01 STATE. CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the",City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between tie 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. 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. i The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard ~ S ecifications is amended to P 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 8 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 prevailin rate for holida and overtime to all workers em to ed in g Y p y 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 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 a ual q employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is .directed to Article 7-1.01A 5 "A rentices " pP 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. i 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. i 9 ~ . ' 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents. . . 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 x$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, showin the deli of g ~ 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. . The terms .'Public works" and "Awarding Body," as used in this section, shall have the same meaning as m 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 s ecial P provisions. i The noise level from the Contractor's operations, between the hours of 9:00 P.M. and b: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 includin but J~ g 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 a ~pY 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 workin hours from 7:00 A.M, to 4:30 g P.M Monday throe h Friday. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. V~ritten approval from the Construction Engineer is required for work beyond these limits. 10 Any time work proceeds, which requires inspection services for more than an eight (8) hour work day, 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 ke him ' ep self fully informed of all existing and future State and National laws and all munici al ordinances and re ations of the ' . p gul City of Bakersfield which m 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 authori over the same. tY 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 INDEMNITY. Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by Contractor, Contractor's employees, agents, subcontractors, or independent contractors or 'companies i~ the ~~perfor~hnce of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnibed hereunder, Contractor 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 s ecifications the Contractor shall rocure and main ' P ~ p tam for the duration of this agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirements"; a. Automobile liabili insurance, rovidin covera a on an occurrence basis for bodil in' p g g Y IurY, 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 b. Broad form commercial 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; and c. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than one million ($1,000,000) per accident. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be waived at the City's sole discretion. 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 i self insurance maintained by the City, its mayor, council, officers, agents, employees and j volunteers shall be excess of the Contractor's insurance and shall not contribute with it. The automobile liabili olicies shall rovide covera a for owned non-owned an hir tY p P g d ed autos. The liability policies shall provide contractual liability covera a for the terms of this A Bement. g gr' 11 i i The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 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 shall contain the following endorsement: An endorsement providing the City with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. The insurance required under this agreement and specifications 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. The Contractor shall furnish the City Risk Manager with a Certificate of Insurance evidencing f the insurance required under this Agreement. The City may withhold payments to Contractor if certificates of insurance and: endorse~n~nts required in this Agreement have not been provided. The Contractor shall be responsible for any deductibles or self insured retentions under all required insurance policies. Insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement of Contractor, must be declared to and approved in writing by the City. However, unless otherwise approved by the City, if any part of the work under this agreement and specifications is subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors even if the City has approved lesser insurance requirements for Contractor. Contractor shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph. i 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 7-1.1b5, "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. 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 12 i i i , r ' ro er uali or has failed in an other res ect to r h ' h h ' ' ' p p q ty, y p p osecute t o work wit t o 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 Ci Council in an such case shall have the ower to i ty Y P 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 bindin on all arties g P to the contract, ~ i k' 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 f, he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform r { 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: 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 maybe necessary to protect the City from loss due to causes includin but not limited to the followin g g a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; i~ 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 13 i ~ f, Breach of any terms of this contract. ~4 When any and all such causes are removed, certificates shall be issued for amount withheld. The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written recommendation thereon, The City Engineer shall, after the 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 thefinal certificate or f~na1 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 24-1.11, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT". 5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. SECTION 6 -CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "CONTROL ' OF MATERIALS," of the Standard Specifications and these. 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 14 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. ~`M . I 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 7-1 GENERAL 7-1.01 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specification, the plans, and the special provisions. .~a ~3 ~ 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. Prior.: to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor-shall contact the City parks Division at 326-3117 for the purpose of ascertaining the locations and j current o►~erational status of all landscape irrigation wiring, mainlines, laterals and other facilities. Due care shall be taken to muumize damage to existing irrigation systems and plant materials. The ;N~ ; iE ~ i ~ I :i ~ Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation interruption. 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 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and=~usef ~of ~de~rices~~~sh~1~==be~ as specif ed and as directed by the Engineer. ~f I 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 indicated below, Monday through Friday, except legal holidays. Street Direction of Travel Hours White lane westbound 7:30 AM to 4:30 PM White Lane eastbound 8:30 AM to 4:30 PM i Where construction operations are actively in progress, a muiimum 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 all lanes shall be open for use by public traffic. Public traffic 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 construction. No additional compensation will be allowed for any shaping of shoulders necessary for i. the accommodation of public traffic thereon during paving operations. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (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. 1b ~l 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 1S, "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 conve the same intent that existed , y prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction, Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT, Full compensation for conforming to the requirements of this article 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 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 1b, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer, 7-1.05 DUST CONTROL. It shall be the Contractor's res onsibili to reven ' p ty p t a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein, PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additionah compensation will be allowed therefor. 7-1.06 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork " of the Standard Specifications and these special provisions. Section 4-1.05. "Use of Materials Found on the Work," of the Standard Specifications shall be amended to read as follows: Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of such materials at the contract price for such excavation, but he shall replace at his expense with other suitable material all' of that 17 ki i . i i i portion of the material so removed and used which was contemplated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. It is anticipated that there will be zero cubic yards of surplus material which shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. When asphalt concrete is to be placed on the grading plane, the grading plane at any point shall not vary by more than 0.05-foot above or below the grade established by the Engineer. Section 19-3.062, "Slurry Cement Backfdl," of the Standard Specifications is deleted and shall not apply to this contract. The relative com action limits specified in the second paragraph of Section 19-5.03 "Relative Compaction r (95 Percent)," of the Standard Specifications are amended to the limits shown on the plans and typical crosssections and shall be determined by: California Test Methods 216 or 231, or ASTM (current ~ edition) D1557 and one of the following D2922 or D1556. The subgrade must be smooth, uniform and true to the required grade. I ~ ~ , , . , Impac~.equipment shall not be used in areas developed with buildings unless authorized by the Engineer. r ~1 Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements: Tests Test Method Test Results Sand Equivalent 217 18 min. Resistance (R-Value) 301 40 min. The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of 25 or more. In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surface. MEASUREMENT AND PAYMENT. Imported borrow will be measured by the cubic yard and the quantity to be paid for will be computed in the following manner: 1) The total quantity of embankment will be computed by the method specified for roadway excavation in Section 19-2.08, "Measurement," of the Standard Specifications on the basis of the planned or the authorized cross-section for embankment-as shown on the plans and the .measured ground surface. 2) The quantities of roadway excavation, structure excavation, and ditch excavation, shall be used in the embankment, and will be adjusted by multiplying by a specified grading ~ factor of 0.85. No further adjustment will be made in the event that the specified grading factor does not equal the actual grading factor. 3} The final pay quantity of imported borrow shown on the plans was determined by . deducting the adjusted quantities of excavation from the total embankment quantity and then adding a quantity of approximately 5 cubic yards for the anticipated effect of subsidence and shrinkage due to compaction. . . ,y ~No adjustment will be made in the event that the anticipated subsidence and shrinkage does not equal 18 I the actual subsidence and shrinkage. The estimated quantity of roadway excavation and imported borrow shall be a final pay quantity in comformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard speafications. 7-1.07 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway," of the Standard Specifications and these speaal provisions. In addition to the conditions, provisions and requirements of Section 22-1.01, "Description," of the Standard Specifications, the following shall apply: The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations. The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in .residential areas, when a broom is used, a self contained, pick-up type, power broom with water distribution system shall be used. PAYMENT. The first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended to read: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized intersections, whether inside or outside the highway right of way, and all other areas, whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on the plans, and as specified in the Standard Specifications and these speaal provisions, and as directed by the Engineer, shall be considered as included in various items of work and no additional compensation will be made therefor. 7-1.08 ASPHALT CONCRETE. Asphalt concrete shall be 1~pe B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. Aggregate for Type B asphalt concrete shall conform to the requirements for 1/2 inch maximum, medium grading, as specified in Section 39-2.02, "A~regate", of the Standard Specifications. When directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2.02, "Aggregate," of the Standard Speafications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt concrete are being constructed. Asphalt concrete "'I~pe B" shall have a bituminous binder of paving grade asphalt of AR 4000 viscosity grade, unless otherwise directed by the Engineer, and shall conform to the requirements shown in the table for "Steam-Refined Paving Asphalts" in Section 92 of the ,Standard Specifications. Paving joints shall match stripe locations. The miscellaneous areas to be paid for at the contract price per square yard for place asphalt concrete (miscellaneous area) in addition to the prices paid for the materials involved shall be limited to median islands. The subgrade beneath surfacing for median islands shall be chemically treated for weed control. The chemical applied shall be 2, 6-dichlorobenzonitrile and shall be applied in accordance with the manufacturer's 19 recommendations and these special provisions. The rate of application shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete shall be placed over the treated subgrade within 2 hours of chemical application when air temperature is higher than 50 Deg. F. At air temperatures lower than 50 Deg. F., asphalt concrete shall be placed on treated subgrade within 10 hours of chemical application. Should "wettable powder" type chemical be used, a suitable fugitive dye shall be incorporated in the mixture so that coverage and spread rate may be verified. Full compensation for chemically treating soil as specified in this section will be considered as included in the contract price paid per square yard for place asphalt concrete (miscellaneous area). 7-1.09 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Spermcations and these speaal provisions. Miscellaneous roadside sins shall conform to City Standard T-19. 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. Signs shall be installed as shown on the plans. Sign panels shall be mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6" from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly. .Warning an= lator signs sign panels shall be mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6" from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly. MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for install roadside signs (GSP Post). Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP Post). 7-1.10 MISCELL~A►NEOUS CONCRETE CONSTRUCTION. Portland cement concrete median curbs shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. The Contractor has the option to construct Type M-1 or M-2 median curb as detailed in City Standard S-36. MEASUREMENT AND PAYMENT. Quantities of minor concrete (median curb), Type M-1 or M-2, shall be paid for at the contract price .per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (median curb) and no additional compensation will be allowed .therefor. -The above prices and payments shall include full compensation for furnishing all labor, materials {including adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment and incidentals, and for doing all the work involved in constructing curbs, sidewalks, gutter depressions, island paving, curb ramps, and driveways, complete in place, including excavation, concrete removal, pavement removal, paving tie-in per Standard S-6 and subgrade preparation, as shown on the plans, and as specified in the standard specifications and the special provisions, and as directed by the Engineer. 20 PROPOSAL FOR CONSTRUCTION MEDIANS ON WHITE DANE BETWEEN CERNAN WY AND TUBAC LN To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in thus 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 proposed 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 specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as speafied 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. Item ESTIMATED UNIT. OF ITEM UN1T p~~ EXT'ENSION No. QUANITI'Y MEASURE figures) PRICE t~ f~~) 1. 1 LS Clearing and Grubbing 2. 90 CY Imported Borrow 3. 35 TON Asphalt Concrete (Type B) 4. 450 SQYD Place Asphalt Concrete (~~i~scellaneous Area) SIGNED Bidder Page l of 2 21 ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in Figures) PRICE (in figures) 5. 1 EA Roadside Sign (GSP Post) 6. 1670 LF Minor Concrete (Median Curb M-1 or M-2} Bidder acknowledges receipt of the following addendum: The bidder shall clearly list any and all addenda numbers received for the project, above and on the lower left corner of the sealed bid return envelope. TOTAL BID $ 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. Page 2 of 2 23 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 woxk which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's NameDescription of portion and Street Address (City Sta=p~of work subcontracted (attach additional sheets if needed) 24 Accompanying this proposal 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 co-partnership, 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. 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 Place of Residence Dated .......................,19..... 25 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 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 the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,19 . (Seal) (Seal) . (Seal) Page 1 of 2 26 STATE OF CALIFORNIA) ) ss. COUNTY OF ) On =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 S p. ~ ~ ~ he/she subscribed the name of thereto as surety, and his own name as Attorney in Fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State Page 2 of 2 [This form shall be completed by all Bidders and submitted h the Bid] CONSTRUCTION OF MEDIANS ON WHITE LANE BETWEEN CERNAN WAY AND TUBAC LANE 27 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 relatve~~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 . 28 AGREEMENT N0. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and ,referred to f herein as "CONTRACTOR." . RECITALS j i~ ~6 WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of ;and WHEREAS, CITY desires to employ CONTRACTOR to . as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. The following shall be deemed to be part of this agreement as if fully 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, ~ any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. 9. Hold Harmless Agreement 10. Current State of California DAS 140 Form (if required by Specifications) 2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows: The total compensation payable under this agreement shall be governed by the terms of the Proposal but shall not exceed, in any event, .The compensation. set forth in this paragraph shall be the total compensation for the services provided by CONTRACTOR, including all out-of pocket costs incurred. CITY shall pay no fee other than the compensation listed in this paragraph unless otherwise agreed ~ 29 4• ~ , i. • i. I f i k to in writing by the CITY. ~j ' ' 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of ' an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within forty-five (45} days after receipt and approval by CITY of CONTRACTOR'S itemized invoice. 4. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 5. ATTORNEY'S FEES. In any action arising from or related to the terms of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and court costs and other nonreimbursable litigation expenses, such as expert witness fees and investigation expenses, whether or not such action proceeds to judgment. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all I.~ times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. LITIGATION. In the event litigation is commenced involving this contract, CONTRACTOR, at the request of the CITY, shall assist CITY in the litigation. i 8. STANDARD OF PERFORMANCE.All work shall be performed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. : 9. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract maybe modified only in a writing approved by the City Council and signed by all the parties. 10. EXHIBITS. In the event of a conflict between the terms, conditions or operations set forth herein and those in exhibits attached hereto, the terms, conditions, or specifications set forth herein shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 11. CONFLICT OF INTEREST. CONTRACTOR stipulates that corporately or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent on the results of the studies prepared under this Agreement. 12. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice to all other parties. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR'S sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter ~ ~ be in force ertainin to this A Bement and shall faithfull observe in all activities relatin to or owin out of this P g ~ Y g g Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. ~I 14. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR shall have no authority beyond that given in this Agreement to act on 30 is I ~ f iL ~ behalf of CITY as an agent nor to bind CITY to any obligation not expressly authorized herein. 15. INSURANCE. In addition to any other form of insurance or bond required under the terms of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirements"; a. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million {$1,000,000) per occurrence; and b. Broad form commercial 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; and c. Workers' compensation insurance with statutory limits and employer's liability insurance ~ with limits of not less than one million {$1,000,000) per accident. G Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement ~ may be waived at the CITY'S sole discretion. ~~f All olicies re aired of the CONTRACTOR hereunder shall be rim insurance as res ects the E p q p ~`Y - P .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. I The automobile liability policies shall provide coverage for owned, non-owned and hired autos. 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. 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 shall contain the following endorsement: An endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. is .d The insurance required under this agreement shall be mamtamed until all work required to be p'~erformed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the 4 VITY. . I :.G All costs of insurance required under this agreement shall be included in the CONTRAC'TOR'S bid, and no additional allowance will be made for additional costs which maybe required by extension of the insurance policies. r.: The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this Agreement. The CITY may withhold payments to CONTRACTOR if certificates of insurance and endorsements required in this Agreement have not been provided. The CONTRACTOR shall be responsible for any deductibles or self insured retentions under all 31 required insurance policies. Insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement of CONTRACTOR, must be declared to and approved in writing by the CITY. 1 ' However unless otherwise a roved b the CITY if an art of h k ' pp y y p t o wor under this Agreement ~s ' subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. CONTRACTOR shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph. ~ 16. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR'S employees, agents, subcontractors, or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder. CONTRACTOR shall execute and return with the executed contract documents and bonds the "HOLD HARMLESS AGREEMENT," a copy of which is attached hereto. 17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: ~ CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 Truxtun Avenue Bakersfield, California 93301 114' 1 CONTRACTOR 1 19. FORUM.Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 20. ASSIGNMENT.This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 21. BINDING EFFECT.The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. 22. ~ TITLE TO DOCUMENTS.All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. I~ 32 Y - i Y 4 23. ACCOUNTING RECORDS.CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final payment under this Agreement, and shall be made available to CITY representatives upon request at any time during regular business hours. 24. CORPORATE AUTHORITY.Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. is 25. TAX NUMBERS. CONTRACTOR'S Federal Tax ID Number _ CONTRACTOR is a corporation? Yes_ No_ (Please check one.} ----------ooo---------- l ~1 r ' . 1. i I i I 33 , , i uj f ~~I I IN WITNESS WHEREQF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. i~ i ti. „cITYM ncoNTRAcroR~~ CITY OF BAKERSFIELD By By BOB PRICE Mayor Title APPROVED AS TO FORM: ~ BY JUDY SKOUSEN City Attorney p l' . APPROVED AS TO CONTENT: By RAUL M. ROJAS .Public Works Director COUNTERSIGNED: By ~ GREGORY J. KLIMKQ Finance Director 34 i ~ ` ° ~ HOLD HARMLESS AGREEMENT ~I CITY OF BAKERSFIELD C 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 ,~a~reement 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 i i ~ ~ Authorized Signature k' i li r i i i i. 'r. i i 35 I [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 f~, ~ THIS ESCROW AGREEMENT ~s made and entered mto by and between whose address is r i ` hereinafter called "Owner", whose address is hereinafter called N~~tractor" 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 i 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 {10) days of the deposit. The market value of the securities at the time of the substitution E 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 gn and shall desi ate the Contractor as the beneficial owner. 2. The Owner shall make ro ess a eats to the Contractor for such funds which otherwise would p p ym be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specit"ied 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. -1- y I J .r r > t ^ ~ f' 1 rf; ~ I I~ 1~ i 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in ~R 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 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, i. 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, i ~ 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. E r w A ent shall rel on the written notifications from the Owner and the Contractor ursuant to 9. sc o g y p 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. i 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 i~ j' ~ Name Name a Signature Signature { Address Address _2_ 37 i i i ~F Ong behalf of Escrow Agent: Title i 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. i ~ ~ IN WITNESS WHEREOF the artier have executed this A Bement b their ro er officers on h P l~' Y P P t o date first set forth above. Owner Contractor Title Title Name Name Signature Signature -3- r a k r JO I GUARANTEE MATERIAL AND WORKMANSHIP CITY QF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building ~ Bakersfield, CA 93301 f~ In accordance with the terms of the Contract for: awarded on ,between the City or Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for the installation of ,and -other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be 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 f or materials that we may disturb or displace in making good such defects. Within twenty-four (2) 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. DATED i ~ Contractor's Name r Authorized Signature ~ i~' ~ ; . 39 'r ~ :1 j 1, ~i FAITHFUL PERFORMANCE BOND , KNOW ALL MEN BY THESE PRESENTS, THAT, i WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on ,DATE OF AWARD~,19_, awarded to ,(NAME OF CONTRACTOR,) , 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 i NOW, THEREFORE, WE, the Principal, and~LEAVE BL,ANK_ FOR BONDING COMPA,NY), as Surety, are held and firmly bound unto the Owner in the sum of (100% OF AMOUNT AWARDED AT COUNCIL _ MEETING lawful money of the United States, for the payment. of which sum, well and truly to be made, we bind ourselves, our heirs, executors, 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 offtcers .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 a~ . 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, t ~ 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 .f,} 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. i G ~ Page 1 of 2 a 40 i~. :i i And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same .shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 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, all 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 u governing body. k Principal s (Seal) Signature for Principal Title Surety (Seal) Signature for Surety Title Attach notarization form for each required signature.) f l i~. f~ Page 2 of 2 41 t 1 ~E.. i~ i, f F i i 1 I ~ MATERIAL -LABOR BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on DATE OF COUNCIL MEETING ,awarded to NAME OF CONTRACTOR ~ hereinafter designated as the "Principal," a contract for the construction of DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS. WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its 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 (LEAVE BLANK FOR BONDING COMPANY , as Surety, are held and firmly bound unto the Owner the penal sum of (50% OF AMOUNT AWARDED AT _COUNCIL MEETING) dollars )lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other su lies used in, u o PP P ~ 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 z contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, t9 i t 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 rovided P. that the persons, companies, or corporations so furmshmg said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who 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. 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. i And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, r alteration, or addition of the terms of the contract or to the work to be erformed thereunder or the s ecifications P P accompanying the same shall, m 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 speciftcations. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 42