HomeMy WebLinkAbout1994 Special Provisions Project 91013-001CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS,
BID PROPOSAL AND CONTRACT
FOR
SIGNAL wTERCONNECT ON TR v AVENUE
OAK STET TO "A" STET
BID OPENING:
DATE OCTOBER 26,1994
TIME 11:OU A.M.
PROJECT N0. 9-
DEPARTMENT OF PUBLIC WORKS ,r. ..rte- i~'.„
CITY OF BAKERSFIELD tr' .~q~~~~~ ~ d'V „
1501 TRU~N AVENUE .n ' ~ ~ 4. BAKERSFIELD CA 93301 ~ ~ o ~ ~~`4,,
~ Telephone: (805) 326-372 u.
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Addendum No.1 Sheet 1 of 1
PROJECT: SIGNAL INTERCONNECT ON TRUXTUN AVENUE
OAK STREET TO "A" STREET
BID OPENING DATE: OCTOBER 26,1994
DATE: October 12,1994
TIME: 11:00 A.M.
NOTICE TO ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following changes and/or additions to the Plans and
Specifications. Such changes and/or additions are hereby made a part of the Plans and
Specifications and shall take precedence over anything to the contrary therein.
SPECIFICATIONS:
1) Page 17, revise table which limits lane closures, to read as follows:
Street Direction of .Travel Hours
Truxtun Avenue eastbound 8:30 AM to 4:30 PM
N_ OTE: All Contractors bidding this work shall denote in their ,proposal that they have received Addendum
Noa and bids shall reflect this revision.
G~~
Tr ~c ngineer Purchasing Officer
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Addendum No. 2 Sheet 1 of 1
PROJECT: SIGNAL INTERCONNECT ON TRUXTUN AVENUE
OAK STREET TO "A" STREET
BID OPENING. DATE: OCTOBER 26,1994
DATE: October 21,1994
TIME: 11:00 A.M.
NOTICE TO ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following changes and/or .additions to the Plans and
Specifications...Such changes and/or additions are hereby made a part of the Plans and
Specifications and shall take precedence over anything to the contrary therein.
PLANS:
1) Sheet 2 of 2, delete from the. CONDUCTOR SCHEDULE, conductor run 9 through 12.
NOTE: All Contractors bidding this work shall denote in their proposal, that they have received Addendum
No.2 and bids shall reflect this revision.
r
r c gineer Purchasing Officer
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfteld at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M, on
October 26,1994 to be publicly opened and read immediately thereafter in the City Council Chamber, for the
following work:
SIGNAL INTERCONNECT ON TRUXTUN AVENUE
OAK STREET TO "A" STREET
Plans and specibcations, and forms of proposal, bonds, and contract, may be obtained at the office of
the Purchasing Officer by posting a refundable deposit of ZERO DOLLARS ($0.00) for each complete set.
Refiind of deposit wiu be made provided the plans and specif cations 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's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by .the Purchasing 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 Speciftcations.
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 22300. Eligible securities include interest bearing demand
deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of
Bakersfield. Thee request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this
contract is awarded.
The proposed work shall be done in accordance with the Standard Specifications 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 prevailing rate of wages to workers on this project as determined by the Director of
California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for
inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of removal and construction of concrete sidewalk,
installation of conduit, pull boxes, and conductor cable.
CITY OF BAKERSFIELD
RAUL M. ROJAS Public Works Director
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CITY OF BAKERSFIELD, CALIFOR1vIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1.1,01 GENERAL, This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992,' as
referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard
Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Defnnltions 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.
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SECTI(JN Z -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, unti111:00 o'clock A.M, on
October 26,1994 sealed proposals for;
SIGNAL INTERCONNECT ON TRUXTUN AVENUE
OAK STREET TO "A" STREET
Z-1.02 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 maybe deemed necessary or expedient by the Engineer.
2-1.03 ExA~MINATION 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 specifications, the special provisions, and the
contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that
the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS,
ERASURES OR IRREGULARITIES. Proposals 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.
2-1.0~ PROPQSAL 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 mush 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 GUAIR~l~1'1'EE. 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 $10,0, 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.
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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 utiliizing Federal funds..
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in
the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or
described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to
the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened
exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may
any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly
at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to
be present.
2-1,11 RELIEF 4F BIDDERS. Attention is directed to the provisions of Public Contract Code
Sections 51~ 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
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believing that collusion exists among the bidders any or all proposals maybe rejected. Proposals in which the
prices obviously are unbalanced maybe rejected.
SECT`IQN 3 - AWARD ~ EXECUTIQN QF CQNTRACT
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.
3-1.42 AWARD OF CQNTRA.CT. 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 CQNTRACT BANDS. 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 (1~%} 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, ar the City has cause to believe that such surety
or sureties have become insufficient, a demand in writing maybe made of the Contractor for such further bond or bonds or additional surety, not .exceeding that originally required, as is considered necessary, considering the
extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the
Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been
furnished.
3-1.04 EXECUTION OF CQNTRACT. The contract shall be signed by the successful bidder
and returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has
received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of
Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10} days, not
including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for
the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10} days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be
considered in making the award. All other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose proposals they accompany.
SECTIQN 4 - BEGIrJNI[NG QF WQR~ TI~VIE OF CQMPLETIQN
AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning
of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages,' of the Standard
Specifications, and is specifically hereby made a part of these special provisions.
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The first paragraph of Section 8-1,03, "Beginning of Work," of the Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written
notice to proceed. The Contractor shall diligently prosecute the same to
completion before the expiration of 20 working days.
Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever
comes first.
The Contractor shall pay to the City of Bakersfield the sum of $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.
sECTroN ~ - GENERAL
5.1.01 STATE C01~f 7C'RACT ACT NOT APPLICABLE, Sections 1-1.40, "State Contract Act,'
and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the
provisions of the State Contract Act. The adoption and use of the. Standard Specifications in the performance of
the work called for in this contract shall not be construed as an election by the City to proceed under Section
20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated
to submit the matter to arbitration in any form (although they may do so upon written agreement}.
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases 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 iri Section 5,
"CONTROL OF WORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the
following paragraph after the fourth paragraph;
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by .the Engineer before any work involving these plans shall be performed, unless approval is
waived in writing by the Engineer,
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect
any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the
Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for
any error in the finished work.
The second paragraph in Section 5-1,07, "Lines and Grades" of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in
writing a reasonable length of time in advance of starting operations that require such stakes or marks.
In no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1,08, "Inspection" of the Standard Specifications is amended by adding the following paragraph
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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 maybe provided. Any work done in the absence of the
Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720}, Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that
Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in
said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812
of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of
per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the
construction of this project. The prevailing rate for each craft, classification or type of work is determined by the
Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule is incorporated herein by this reference.
The City shall have the right to inspect payroll records during normal working hours and shall have the right to
question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the
City's right to investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50} pursuant to Section 1775 of the Labor Code, per worker paid less than
the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($2~ 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.OlA(4), "Labor
Nondiscrimination,' of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
(Government Code .Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal
employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5}, "Apprentices,"
of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor
Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS "This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
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r 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 THOtTSAND
DOLI,~~RS ($25,000) for excavation of any trench or trenches five feet or more in depth, the Contractor
or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of
shoring, bracing, sloping or other provisions to be made for worker. protection during the excavation of
the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been
approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders of
the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less
effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its
employees.
The terms "Public Works" and "Awarding Body," as used in this section,. shall have the same meaning as
in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M, and b:~ 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 job, including but
not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for
the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in
the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1,14 PERMITS AND LICENSES. The Contractor shall procure all. permits and licenses, pay
all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work
from any and all governmental organization which require such permits, licenses or fees. The Contractor shall
procure a business license in the City of Bakersf eld.
5-1.11 WORKING HOURS, Contractor shall limit his field working hours from 7:00 A.M, to 4;30
P.M Mondax t, hrough Friday. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work
beyond these limits.
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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
maybe withheld from contract retention.
5-1,12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
existing and future State and National laws and all municipal ordinances and regulations of the City of
Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this
contract until he has obtained all insurance required under this section and the required certificates of insurance
have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have
been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies.
5-1.13A 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.
5.1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of
this agreement and specifications, the Contractor shall procure and maintain for the duration of this
agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirements";
Automobile liability, insurance,, providing coverage on an occurrence basis for bodily injury, a.
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 m' 'on {$1,000,0} per occurrence; and
c. Workers' compensation insurance with statutory limits and employer's liab' 'ty 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 maybe 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
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.
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.
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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 Contxactor'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 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
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.
5-1.14 CONTRA.CTOR'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
proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified
and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should
he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the
Engineer, within the time specifted in such notice, the City Council in any such case shall have the power to
suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue
said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control
shall terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and
purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council
may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom
over and above the contract price will be charged against the Contractor and his sureties, who will be liable
therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this
contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of
money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of
the operations of the contract and the completion of the work by the City as above provided, and the Contractor
will be so credited with any surplus remaining after all just claims for such completion as determined by the
Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the contract
as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
5.1.19 TEMPORARY SUSPENSION 4F WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for ,the suitable prosecution of the work, or for such time as
he -may deem necessary, due to the failure on the part of the Contractor to -carry out orders given, or to perform
any provisions of the work. The. Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. ,Attention is .directed to Sections 9-1.ob, "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 including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e. Damages to another Contractor; and
13
f. Breach of any terms of this contract.
when any and all such causes are removed, certificates shall be .issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is
amended to read:
The Director will make the final determination of any claims which remain in dispute after completion
of 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 the final certiftcate or final payment, shall be conclusive evidence of the performance
of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be
construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract, and the
adjustment and payment for any work done in accordance with any alterations of the same, shall release the City,
the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the
following paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.11, "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.
SECTIQN 6 - C4NTR.QL OF MATER~[ALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section b, "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.
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.
6-1.43 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.
15
SECTION 7 CONSTRUCTION DETAILS
SECTIGN 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.
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 maybe 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 maybe allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the
Contractor shall contact the City parks Division at 32b-3117 or the property owner for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring,. mainlines, laterals .and
other facilities.
Due care shall be taken to muiimize damage to existing irrigation systems and plant materials. The
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 maybe 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 use of devices shall be as specified and a.s directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact
location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment.
16
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
Truxtun Ave westbound 8:30 AM to 4:30 PM
Truxtun Ave eastbound 8:30 AM to 4;30 PM
where construction operations are actively in progress, a minimum of one traffic lane, not less than
twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in
progress 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
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, f urnish, install and maintain construction area signs, lights,
flares, temporary railing (Type K}, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose .sole duties
shall consist of directing the movement of public traffic through or .around the work. When deemed necessary by
the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished,
installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance
of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for various items of work and no additional allowance will be made therefor.
7-1.03 EXISTING HIGHWAY FACILITIES. The work performed in connection with various
existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard
Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and
street markers shall be relocated and maintained during construction so as to convey the same intent that existed
prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the
Contractor's forces prior to completion of construction. Signs removed 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 responsibility to prevent a dust nuisance
from originating from the site of the work as a result of his operations, or the traveling public, during the
17
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 additional compensation will be
allowed therefor.
7-1.06 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section
22, "Finishing Roadway," of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description," of the
Standard Specifications, the following shall apply: 0~
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 special
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.
7-1,07 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits maybe installed by either jacking/drilling or open trench methods. Installation using jacking or
drilling shall conform to Section 8b-2.OSC, "Installation," of the Standard Specifications. Open trench installation
in pavement shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose
18
uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The trench shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a
one (1} sack slurry cement backfdl. Slurry cement backfill shall be placed to within 0.2(} feet of
the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from
commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of
asphalt concrete shall be performed by any method which will produce an asphalt concrete
surface of uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a
time as the permanent asphalt surface is placed.
7-1.08 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes,"
of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-1.09 TRAFFIC SIGNAL INTERCONNECT. Signal Interconnect Cable shall be six conductor cable or twelve conductor cable as shown on plans and shall conform to the provisions in Section 86-
2.08E, "Signal Interconnect Cable," of the Standard Specifications and these special provisions.
PAYMENT. Full compensation for installing traffic signal interconnect including conduit, cable, modem,
wiring, .pull boxes, .sidewalk replacement, excavation,. trenching, backfilling and pavement patching shall be
considered as included in the contract price paid per lineal foot of Traffic Signal Interconnect, and no .separate
payment will be made therefor.
19
PROPOSAL
FOR
SIGNAL INTERCONNECT ON TRUXTUN AVENUE
OAK STREET TO "A" STREET
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal
as principals are those named herein; that this proposal is made without collusion with any other person, firm
or corporation; that he has carefully examined the location of the proposed work, the annexed 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 f u~rnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance
Duector of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed,
and according to the requirements of the Engineer as therein set forth, and that he will take in full payment
therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with
necessary bonds, within ten (10} days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall. become the property of
the City of Bakersfield.
ITEM ESTIMATED UNIT OF ITEM UrNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in Figures) PRICE (in figures}
1. 1 LS Clearing and Grubbing
2. 1 LS Finishing Roadway
3. 2900 LF Traffic Signal Interconnect
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 1 of 1
20
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In
the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension
Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension
Price(s) and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the correctly
computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit
Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be
used to determine the correct Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column
shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column
shall be divided by the estimated quantity for the item and the price thus
obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth
the name and. the location of the mill, shop or office of each subcontractor who will perform work or labor or
render service to the Contractor in or about the construction of the work or improvement in excess of one-half
of one (1%) percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and
submitted with said bid proposal.
Subcontractor's NameDescription of portion
and Street Address (City+,State, Zip)of work subcontracted
(attach additional sheets if needed)
21
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case
may be), in amount equal to at least ten percent of the total of the bid.
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.....
22
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
23
STATE OF CALIFORNIA}
} SS.
COUNTY OF )
On this„- day of ,19~,; be ore me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that
he/she subscribed the name of
thereto as surety, and his own name as
Attorney in Fact.
IN WITNESS WHEREtJF I have hereunto set my hand and affixed my offiaal seal the day and year in
this certificate first above written.
Notary Public in and for said County and State
Page 2 of ~2
24
[This form shall be completed by all Bidders and submitted h the Bid]
SIGNAL INTERCONNECT ON TRUX7CUN AVENUE OAK STREET TO "A" STREET
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 duectly 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, f urther, that the bidder has not, directly or indirectly, .submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company, assoaation, 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 - -
25
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
herein as "CONTRACTOR."
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field
of ;and
V~VHEREAS, 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:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4, Bidder's Bond
5. Performance Bond
6. Material and Labor Bond 7. Letters of transmittal, if any
8. All provisions required bylaw 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 f orth 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
26
to in writing by the CITY.
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
prev ' ' g party shall be entitled to recover its attorneys' fees and court costs and other nonreunbursable 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 -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.
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 modii ed 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 maybe 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, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this
Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may
hereafter be in force.
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
27
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.
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 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.
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.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the
CITY.
All costs of insurance required under this agreement shall be included in the CONTRACTOR'S bid,
and no additional allowance will be made for additional costs which maybe required by extension of the insurance
policies.
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
2$
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 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.
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'S duty to defend includes the duty to pay all costs of defense including, but not
limited to, reasonable attorney's fees.
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
CONTRACTOR:
19. F(JRUM.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.
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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.
25. TAX NUMBERS.
CONTRACTOR'S Federal Tax ID Number CONTRACTOR is a corporation? Yes_ No,_
(Please check one.)
----------000--......._
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IN WITNESS WHEREOF,. the parties hereto have caused this Agreement to be executed, the day
and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By By
BOB PRICE Mayor
Title
APPROVED AS TO FORM:
By
JUDY SKOUSEN
City Attorney
APPROVED AS TO CONTENT:
By
RAUL 1VI. ROJAS
Public Works Director
COUNTERSIGNED;
By GREGORY J. KLIMKO
Finance Director
31
HELD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the
City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because
of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of
damage to property arising out of or in consequence of ~ ~eement namel.
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the City},
defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the expense of counsel, in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
32
[To be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the
option to deposit -securities with Escrow Agent as a substitute for retention earnings required to be withheld by
Owner pursuant to the Construction Contract entered 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 ear .Wings, the Escrow Agent. shall
notify the Owner within ten (10) days of the deposit. The market value of the securities at -the time of the substitution
shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract
between the Owner and Contractor. Securities shall be held in the name of ,and shall designate the Contractor as -the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments ,pursuant to .the Contract provisions, provided that the Escrow Agent hold
securities in the form and amount specifted 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-
33
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in
administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent,
5. The interest earned on the securities or the money market accounts held in 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 tune to time without notice to the Owner.
b. 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 days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall
immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and
complete, .and that the Contractor has complied with all requirements and procedures applicable to the Contract,
Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the
Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit
and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (b), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless
from Escrow Agent's release and disbursement of the securities and interest as set forth .above.
10. The names of the persons wbo are authorized to give written notice or receive written notice on
~~behalf of the Owner and on behalf of Contractor in connection with-the foregoing, and exemplars of their respective
signatures, are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
-2-
34
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time .the Escrow Account is opened, the Owner and Contractor shall deliver to .the Escrow
Agent a fully executed counterpart of this Agreement,
IN WITNESS WHEREOF, the parties have executed this .Agreement by their proper officers on the
date first set forth above.
Owner Contractor
Title Title
Name Name
Signature
Signature
-3-
35
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
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/or materials that we may disturb or displace in making good such defects.
Within twenty-four (2) hours after being-notifted 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
Contractor's Name
Authorized Signature
36
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated
the "Owner," has, on {DATE OF AWARD1,19 ,awarded to ,{NAME OF CONTRACTORS , 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 DESCRIPT_N~; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the
faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and,~LEAVE BLANK FOR BONDING COMPA,NYI, as
Surety, are held and firmly bound unto the Owner in the sum of (100% OF AMOUNT AWARDED AT COUNCIL
M-~ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the .above mentioned Principal, his or
its heirs, executors, administrators, successors,. or assigns, shall in all things stand to and abide by, and well and truly
keep and faithfully perform the covenants, conditions, and agreements in .the said contract and -any alterations made
as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent. and meaning, and shall indemnify and save harmless, the :Owner, its
officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and virtue and Principal and Surety, in the event suit is brought on .this bond, will pay to the
Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the
said amount shall hold..good for a period of one (1) year after the completion and acceptance of .the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns
shall fail to make full, complete, and satisfactory repair and replacements or -totally protect the -said Owner from loss
of damage made evident during said period of one year from the date of acceptance of said work, and resulting from
or caused by defective materials and/or faulty workmanship in the prosecution of the work.done, .the -above obligation
in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary
notwithstanding, .the obligation of .the Surety hereunder shall continue so long as any obligation of the Principal
remains.
Page 1 of 2
37
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
governing body.
Principal
(Seal) Signature for Principal Title
Surety
{Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
38
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
~N_~F CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of
,DESCRIPTION OF PROJECT -USE DESCRIPTIQN 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 MP _ , as
Surety, are held and firmly bound unto the Owner the penal sum of !SU% OF AMOUNT AWARDED AT
COUNCIL MEETING) dollars )lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly .and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs,. executors,
administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for
any amount due under the Unemployment Insurance Code with respect to work or labor performed under -the
contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the .State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V,
Title I of .the Government Code of the State of California, or with respect to any work or labor for which a bond is
required by the provisions of Sections 3247: through 3252 of the Civil Code of he State of California, and provided
that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or
power use, in, upon, for, or about the performance of the work contracted to be executed orperformed, 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 beneftt of the Owners and any and all persons, companies, and
corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited
to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any
change,. extension of time, alteration, or addition to the terms of the contract or to. the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
39
IN WITNESS WHEREOF, the above bounded. parties have executed this instrument under their .seals
this- day of 19~, the name and corporate seal of each. corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal Title
Surety
(Seal)
Signature for Surety Title
40