HomeMy WebLinkAbout1995 Special Provisions Project 41007CITY OF BAKERSFIELD
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CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON
PANAMA LANE AT AKERS ROAD
BID OPENING:
DATE MAY 24,1995
TIME 11:00 A.M.
PROJECT N0.41007
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DEPARTMENT OF PUBLIC WDRK ~ ~~t~'' CITY OF BAKERSFIELD ~ti ~ ~ sy
1501 TRUXTUN AVENUE ~ ~ . ,
BAKERSFIELD, CA 93301 3~~OQ
Telephone: (805) 32b•3724 ` 1 r
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. CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing
Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on MAY 24,
1995 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of
the Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00} for each complete set. Refund
of deposit will be made provided the plans and specifications 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 Specifications.
The City of Bakersfield reserves the. right, to reject any or all bids. Bids are required on the entire
work described herein.
.Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to
the provisions and. requirements of Public Contracts Code 22300. Eligible securities include interest bearin g demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the
City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the .form
entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special
provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this
contract is awarded.
The work completed shall be done in accordance with the Standard Specifications of the De artment
P of Transportation, Business and Transportation 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.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic signal and lighting system, traffic avement
P striping and a handicap ramp .
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CITY OF BAKERSFIELD
RAUL M. ROJAS
Public V~orks Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
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, "Definitions and
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
the intent and meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such
agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved
in the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business,
Transportation and Housing Agency, dated July,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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SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield,
California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, unti111:00 o'clock A.M. on
MAY 24,1995 sealed proposals for
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD
2-1.02 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 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans
and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to
the conditions to be encountered, the character, quality, and quantities of work to be performed and materials
to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has
made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS,
ERASURES OR IRREGULARITIES. Proposals may. be rejected if they show any alterations of form,
additions not .called for, conditional or alternative bids; incomplete bids, erasures or irregularities of any kind.
Proposals in which the prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made .upon blank forms to be obtained
from the Purchasing Officer, the form of which appears herein immediately following these special provisions.
All proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal
is made by an individual, his name, telephone number and post office address must be shown. If made by a
firm or partnership, the name and post office address of each member of the firm or partnership must be
shown. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and
treasurer.
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be
accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least
ten percent (10%} of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is
enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to
subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000, whichever is
greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section
4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to
the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by
making unauthorized substitutions.
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 utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in
the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are a
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to
the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with
the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative.
The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are
opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time,
nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly
at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to
be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract
Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein,
that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the
mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a .public works or services contract with the agency under this part or from being a subcontractor at any tier upon
the contract, if that person, or any partner, member, officer, director, responsible
managing officer, or responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or
any other act in violation of any state or federal antitrust law in connection with the
bidding upon, award of, or performance of, any public works contract, as defined in
Section 1101, with any public entity, as defined in Section 1100, including for the .purposes of this article, the Regents of the University of California or the Trustees of
the California State University. A state agency may determine the eligibility of any
person to enter into a contract under this article by requiring the person to submit a
statement under penalty of perjury declaring that neither the person nor any
subcontractor to be engaged by the person has been convicted of any of the offenses
referred to in this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual,
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firm, partnership, corporation, or combination thereof under the same or different names will not be
considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination
thereof is interested in more than one proposal for the work contemplated may cause the rejection of all
proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals
in which the prices obviously are unbalanced may be rejected.
SECTION 3. AV~ARD AND EXECUTION OF CONTRAC T
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible
bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality,
fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made
within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds
insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of
Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of
the said bonds shall be in an amount of fifty percent (50%) of the contract price and shall guarantee payment
to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on ariy such bonds, or on any bonds required by law for the
protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that
-such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such
further bond or bonds or .additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional
surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed b the successful bidder Y
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.
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SECTION 4 -
BEGINNING GF WORK, TIME GF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03,
"Beginning of Work," Article 8-1.Od, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the
Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications,
is amended to read:
The Contractor shall begin work within fifteen (15} days after receiving
written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 35 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 $200.00 per day for each and every
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as
included in the prices paid for the various items of work and no additional allowance will be made therefor.
The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor,
and said statement shall be furnished within fifteen (15) calendar days from .the date of the
contract. Said statement shall show the date or dates the electrical materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all
components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection
for any portion of the delay in completion of the work caused. by manufacturing time should approval be given
to begin prior to delivery of all signal system components. The number of days extension shall be the working
days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of
all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the
Engineer in writing and the Engineer will order start of work in writing.
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SECTION 5 - GENERAL
5-1.01 STATE CONTRACT ACT N(JT 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 20394 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 exceedstwenty-five percent (25%) of the original contract amount, must be authorized by the City
Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section S,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding
the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer
shall be approved by the Engineer before any work involving these plans shall be performed, unless
approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be
reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is
amended to read:
When the Contractor requires such stakes or marks, he shall notify the .Engineer of his
requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable
length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the
absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor
Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through
any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and
that Contractor shall keep an accurate record showing the name and actual hours worked for all workers
employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general
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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
y thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8} hours per day or more than forty (40) hours per week,
except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4},
"Labor Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements. of the California Fair Employment and Housing
Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair
Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(S),
"Apprentices," of the Standard Specifications.All Contractors and Subcontractors shall comply with the
provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be
submitted to the local Department of Industrial Relations, Division of Apprenticeship
Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with
these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee
providing for apprentices.
J One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
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5-1.08 TRENCH SAFETY.. The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in
_ depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection during the excavation of the trench, has been submitted by the Contractor to the City
Engineer and the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety
Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural
Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective
system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of
its employees.
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 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job,
including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the
.Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by
safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional compensation will
be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and
licenses, pay all charges and fees, and give aU notices necessary and incidental to the due and lawful
prosecution of the work from any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M.
to 4:30 P.M. Monday throw hg 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. Any time work proceeds, which requires inspection services for more
than an eight (8) hour work day, or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of
all existing and future State and National laws and all municipal ordinances and regulations of the City of
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Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the
work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under
this contract until he has obtained all insurance required under this section and the required certificates of . insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor
shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of
insurance have been filed and approved by the City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the
City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments,
costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this
agreement and shall execute and return with the executed contract documents and bonds the
"Hold Harmless Agreement," a copy of which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under
the terms of this agreement and specifications, the Contractor shall procure and maintain for the
duration of this agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits of not
less than one million. ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with limits of not less than
one million ($1,000,000) per occurrence. '
The liability policies shall provide contractual liability coverage for the terms of this agreement.
The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers;
Workers' compensation with statutory limits and employer's liability insurance with limits of not
less than one million ($1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of
the City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects the City,
its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance
maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (30) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided by
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or on behalf of the subcontractors to cover their operations.
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The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by
formal acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance will be made for additional costs which may be required by
extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor
shall provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE.
Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is
deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in
these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance
with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance
therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided
by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required
by him outside of the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or
material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force
specified
and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should
he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the
Engineer, within the time specified in such notice, the City Council in any such case shall have the power to
suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the
Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; may
employ other parties to carry the contract to completion, employ the necessary workmen, substitute other
machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem
proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any
excess of cost arising therefrom over and above the contract price will be charged against the Contractor and
his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the
contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be
credited with the amount of money so forfeited toward any excess of cost over and above the contract price,
arising from the suspension of the operations of the contract and the completion of the work by the City as
above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such
completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the
contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding
on all parties to the contract.
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5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the
authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable
weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or
for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders
given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the
Engineer and shall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not
incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of
Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or
any part of any certificate for payment, to such extent as may be necessary to protect the City
from loss due to causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
- When .any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard
Specifications is amended to read:
The Director will make the final determination of any claims which remain in dispute after
completion of 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 certificate or final payment, shall be conclusive evidence of the
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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".
Fourth paragraph of Section 24-1.11, "PAYMENT'.
Eleventh 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.
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a
SECTION 6 CONTROL OF MATERIALS
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
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 aver 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.
b-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-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.
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SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section
5-1.05, "Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into
operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to
public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4
inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's
instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation
for temporary delineation shall be considered as included in the prices paid for the contract items of work that
obliterated the existing delineation and no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole (max. l" dia.) in front of each signal indication. The
covers shall remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the
signal control shall be completed and all signs shall be in place.
7-1.02 OBSTRUCTIONS. Attention is~directed to Section 8-1.10, "Utility and Non-Highway
Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements
that are to remain in place within the construction area or that are to be relocated and relocation operations
have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and
7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of
such facilities and improvements for any damage or interference with service resulting from conducting his
operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the
services. Other forces may be engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in
such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time
commensurate with such delays may be .allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems,
the Contractor shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations
and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize 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.
Existing land subdivision monuments and stakes shall be fully protected from damage or
17
displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project.
It will be the responsibility of the Contractor to provide for handling of said water and any expense involved
shall be considered as included in the prices paid for the various items of work and no additional allowance
will be made therefor.
Except in the case of extra work, full compensation for conforming to the requirementsof 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.
7-1.43 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 as directed by the Engineer.
The Contractor shall keep the Bakersf eld Fic•e Department informed at all times as to the exact
location and progress of the work and shall notify them immediately of any streets impassable for fire fighting
equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public .Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
PANAMA LANE BOTH 8:30 - 4:00
AKERS ROAD BOTH 8:30 - 4:00
Where construction operations are actively in progress, a minimum of one traffic lane shall be open for
use by public traffic. Where construction operations are not actively in progress not less than two such lanes shall
be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction
methods are used, may also be permitted to use the side of .the roadbed opposite to the one under construction.
No additional compensation will .be allowed' for any shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights,
flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public
traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties
shall consist of directing the movement of public traffic through or around the work. When deemed necessary by
the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance
of any construction.
The Contractor shall report all accidents to the Engineer.
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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..
7-1.04 TRAFFIC DELINEATION. Immediately after any construction where delineation is
obliterated or when directed by the Engineer, replace all obliterated pavement delineation with temporary
delineation during the same work period, and in no case later than 7:30 a.m. following such work period.
Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long
nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on
curves. Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation
must be the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic
emulsion tackcoat for asphalt concrete overlay.
A striping plan will be made available to the Contractor when traffic delineation is to be modified by the
City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid
for the various items of work, and no separate payment will be made therefor.
7-1.05 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 compensationfor conforming to the requirementsof the two precedingparagraphsshall
be considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
7-1.06 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in
Section 16, "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.
7-1.07 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from
originatingfromtbe site of the work as a result of his operations, or the travelingpublic, during the effectiveperiod
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
19
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.
7-1.08 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and
pavement markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement
by any method that does not materially damage the surface or texture of the pavement or surfacing. Where blast
cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that
no material from the blasting operation is allowed to enter the area that is open to public traffic. Sand or other
material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the
work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted.
Traffic stripes shall be removed before any change is made in the traffic pattern.
blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement
.markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old
message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance
with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and
to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
Full compensation ,for furnishing and applying fog seal coat as specified herein shall be considered as
included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no
separate payment will be made therefor. .
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in
Section 7-1.09, "Public Safety," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the
width of the stripe plus O.b7-foot multiplied by the length of the stripe. The space between double traffic stripes
will be measured as painted traffic stripe. Quantities of pavement markings removed will be determined by the
actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area
of authorized stripe removal. .
The contract unit price per square foot as remove traffic striping and marking shall include full
compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for
removing existing striping as shown on plan and as directed by the Engineer.
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7-1.09 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement
markings shall be thermoplastic and shall conform to Section 84-2, "Thermoplastic Traffic Stripes and Pavement
Markings," of the Standard Specifications, .and these special provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
The thermoplastic materials shall conform to State Specification 8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Striping Detail specified.
Striping Details are referenced in the bid items, the plans and the Standard Plans.
7-1.10 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside si r~is shall conform to City Standard T-19. Where sign posts are placed within
concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be
permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat
finish as directed by the Engineer. Signs shall be installed as shown on the plans. Sign panels shall be
mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs
installed per Std. T-19 shall be located within sidewalk 6" from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
Warnin a~ nd Regulator,~gns panels shall be mounted on posts with Hawkins M2G seriesbolt and vandal
proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6" from back.
Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and
nut assembly.
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for Install Roadside Signs (GSP Post).
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign
(GSP Post).
7-1.11 INSTALL ROADSIDE SIGN PANELS ON EXISTING POSTS. Roadside sign panels
shall be installed on existing posts at the locations shown on the plans or where directed by the Engineer and in
conformance with the provisions in Section 56-2.04, "Sign Panel Installation," of the Standard Specifications and these special provisions.
Sign panels shall be furnished by the Contractor.
Sign panels shall be mounted on existing posts with Hawkins M2G series bolt and vandal proof nut
assembly or equal.
MEASUREMENT AND PAYMENT. Installing roadside sign panels on existing posts will be paid
for as units determined from actual count in place.
The contract unit price paid for install roadside sign panel on existing post shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing
roadside sign panels on existing posts, complete in place, as shown on the plans, as specified in the Standard
Specifications and these special provisions, and as directed by the Engineer.
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7-1.12 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section
56, "Signs," of the Standard Specifications and these special provisions.
Non-illuminated street name signs will be furnished and installed by City of Bakersfield using mast-arm
hanger methods such as Hawkins M 10J Series swinging sign bracket, with return spring removed, or acceptable
equal.
overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall be furnished and
installed by the Contractor in accordance with the plans and these special provisions. Compensation for overhead
signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon,
or combination thereof and no additional compensation will be allowed therefor.
7-1.13 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cementconcretecurbs,
median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous
construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions.
MESUREMENT AND PAYMENT.
quantities of minor concrete required for wheelchair ramp construction shall be paid for at the contract
price per square foot of Minor Concrete Sidewalk).
The above prices. and payments shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work which involves constructing curb, sidewalks, gutter
depressions, curb ramps, complete in place, including pavement removal and tie-in per Standard. S-b, concrete
removal, subgrade preparation, as shown on the plans, and as specified in the specifications and the special
provisions and as directed by the Engineer.
7-1.14 PAVEMENT MARKERS. Pavement Markers shall conform to Section 85, "Pavement Markers", of the Standard Specifications and these special provisions.
Existing pavement markers shall be removed and new markers shall be placed in accordance with the State
Traffic Manual "Markings" Section per the following details enclosed within these specifications, as they apply to
existing striping.
Detail 22 Detail 38
Pavement markers shall be Stimsonite Mode1948 Glass Faced Pavement Marker or equal and they shall
be in accordance with the State Specifications.
Pavement markers shall be cemented to the pavement surface by hot melt bituminous adhesive.
PAYMENT. Pavement markers shall be included in contract price per lineal foot of various Striping Details, specified as bid items, and on the plans, and no additional compensation will be made there for.
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SECTION .7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 F4UNDATIUNS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused.
When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall be amended to read:
When foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be
removed to a depth of not less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be backfilled with material equivalent to the surrounding material.
7-2.02 STANDARDS, STEEL PEDESTALS AND POSTS. Standards, steel pedestals and
posts shall conform ~to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard
Specifications and these special provisions.
A pull rope shall be installed in all mast arm poles from the hand hole at the pole base up through the signal mast arm to the farthest head. A second pull rope shall be installed in all mast arm poles with
.luminaires from the hand hole at the base of the pole up through the luminaire arm to the luminaire. The pull
rope .shall be nylon or polypropylene with a minimum tensile strength of 500 pounds. At least 2 feet of pull
rope shall be doubled back into the pole or arm at each termination.
7-2.03 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, °'Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods except where a specific
method is required on the plans. "Trenching in Pavement Method" for installation of conduit in pavement,
except in paved medians, shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose
uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The 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 backfill. Slurry cement backfill shall be placed to within 0.20 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.
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Conduits installed under sidewalk will be jacked or drilled. Remove and replace complete sidewalk
panels to nearest seam or scoreli'ne if pits in sidewalk area for jacking/drillingare necessary. Removal and replacement of entire sidewalk area for jacking/drillingpfts is also allowed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of
construction, the Engineer may specify which of the above methods may be used.
7.2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes,"
of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions
in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except lighting, camera detection and between the service point and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard
Plan ES 13.
Splices shall be insulated by "Method B."
7-2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the
Standard Specifications and these special provisions.
Unless otherwise noted, service pedestal shall be Type IIIBF, per Caltrans Standard Plan ES-2E, with
. window for photoelectric unit, and shall be furnished with 60 amp, 240 volt, 3 pole main breaker and the
following branch circuit breakers:
No. Amps Phase Volts Branch Metered
1 50 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
The Engineer will arrange with the serving utility to complete service connections to service points shown on
the plans and will pay all required costs and fees required by the utility.
7-2.07 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional
Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.14C
"Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in
24
SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7-2.08 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary
equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section
86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates"and 86-4.06, "Signal
Mounting Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 8d-4.06, "Signal Mounting Assemblies," of the
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile
iron.
7-2.09 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section
86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate
and two light sources, each consisting of luminous tubing and power supplies for the luminous tubing.
The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
polycarbonate plastic; 3116 inch nominal thickness hammered wire-glass; or 3116 inch nominal thickness
ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface over
the entire projected area except where the symbols are located. The material used to mask the message plate shall be hard and durable and shall bond such that it will not flake or peel when the message plate is in use or
is washed. The symbols shall be the only illuminated portion of the message plate.
The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof
module. The module shall contain and properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a
frequency of 60 + 1 Hz.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front
Screen", of the Standard Specifications.
7-2.10 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage
as shown on the plans.
An in-line fuse shall be located in the pull box.
25
7-2.11 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions
in Section 8b-6.07, "Photoelectric Controls", of the Standard Specif ications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectricalcontrol. Internally illuminated street
name signs will be controlled by a single Type V photoelectrical control located in the service pedestal.
7-2.12 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will
furnish the controller and cabinet assembly for each location. The central pad on the Foundation Detail in
State Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12".
7-2.13 DETECTORS. Detectors shall conform to the provisions in Section 8b-5, "Detectors," of the
Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 8b-5.01A (4), "Construction
Materials," of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must
be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and
insulate the other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and
soldered to the conductor.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-5.01A (5),
"Installation Details," of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant
conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of
the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut.
Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
1. An elastomeric sealant conforming to Section 8b-5.01A {5) of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-5.01A (5) of the Standard
Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. -
6J2L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog
No. TY5532 or approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
2b
A
7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form
attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City
before notice of completion and final acceptance is made by the City of the work described on the plans and
these special provisions.
7-2.14 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in
the contract lump sum price paid for the item requiring foundations and no separate payment will be made
therefor.
27
8040-41A-15
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled, asphaltic
emulsion for use in sealing inductive wire loops and leads imbedded in asphalt
and Portland cement concrete. This sealant is suitable for use in freeze-thaw
environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the
Invitation to Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for
Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. .
49CFR.
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen.
It will be the manufacturers responsibility to produce none-component product to meet the
properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939 -1-
28
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-is
r_.
3.2.3 Firm set time, hours, 4 maximum test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 Sdeg.F. and 50
10% relative humidity. Condition mandrel and
specimens 2 hours at 75 2deg.F. before test.
Use aluminum panels, 0.03 inches thick (Q panel or equal}.
3.3.2 Tensile Strength, psi, 20 minimum
cast sheets 0.25 inches thick and air dry at
75 Sdeg.F, 50 +/-10% relative humidity
for minimum of 16 hours. Load rate 0.05 ~ ~ ~ ~ -
inches/minute, use ASTM D2523.
3..3.3 Elongation, % 2.0 minimum
Same conditions as 3.3..2 use. ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum,
Use California Test Method No. 434, Part VIII. Space with no loss damp blocks with 0.25 inches between -slant faces, seal - - - ~ of adhesion to
sides and bottom with tape and fill with _the well stirred _ _ . .concrete
sample, strike off the excess. Dry in 140deg.F oven to
- -constant-weight and condition 1 day at 75 2deg.F before - - - -
testing. Load rate to be 5000 lbs/minute. _ _
3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B . _ _ _ . _ re-emulsification
or loss of
adhesion
3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum
resistance to the sideways manual motion of a paddle across the bottom of the container. It shall
form a smooth uniform product of the proper consistency. If the material cannot be easily
redispersed due to excessive settlement as described above or due to any other cause, the sealant
shall be considered unfit for use.
29
s
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months
after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement
material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of
acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of
California in effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of
manufacture and application will not be permitted until the material has been approved by the
Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall
be furnished in container size as specified in the purchase order or contract. If ordered in 5
gallon size the containers shall be new, round standard full open head with bails, shall be
nonreactive with the contents, and shall have compatible gaskets. The containers shall comply
with the U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers
name, date of manufacture and manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal
Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
30
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
6.0 NOTES
b.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant
must be thoroughly stirred before use and
hand. poured into the slots. Due to the sand content of this material, pumping is not
recommended. Any clean up of road surface or tools can be done with water, before the sealant
sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment,
devices, or processes used on or incorporated in the work, and agrees to indemnify and save
harmless the State of California, and its duly authorized representatives, from all suits at law or
action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, July 1992.
31
PROPOSAL
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD
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 furnish all the materials in
accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of
Bakersfield and as specified in the contract, in the .manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for
signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
The bidder shall clearly list any and all addenda numbers received for the project above and on the lower left hand
corner of the sealed bid return envelope.
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE
{in figures)
1. .2900 SQFT Striping & Marking Removal
2. 6 EA Remove Roadside Sign
3. 4 EA Remove Roadside Sign Panel
4. 1 EA Remove Roadside Sign Panel/
Cut Post
5. 4 EA Install Roadside Sign Panel on Existing Post
b. 4 EA Install Roadside Sign (GSP
Post)
7. 340 SQFT Minor Concrete (Sidewalk)
8. 900 SQFT Pavement Marking (White)
SIGNED
Bidder Page 1 of 2
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in Figures) PRICE
(in figures)
9. b80 LF Striping (Detail 22)
10. 350 LF Striping (Detail 38)
11. 1 LS Traffic Signal and Lighting
System
SIGNED TOTAL ~
Bidder
Company
Address
P.0. Box
City State Zip Code
~ ) Area Code Telephone Number
.License No. and. Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 2 of 2
33
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price.
Pri In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all
Extensionces. Bidder agrees that in case of any discrepancy between the Unit Prices} 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 4F SUBCONTRACTORS
All persons or parties submitting bid proposal on the project shall complete the following form, setting forth the
name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or improvement in excess of one-half of one
(1%) percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater,
and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted
with said bid proposal.
Subcontractor's Name Description of portion
an_ d Street Address ~Cit, ,State, lip) of work subcontracted
(attach additional sheets if needed)
3~
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD
State of California )
)SS: County of )
being first duly sworn, deposes and .
Name -
says that he or she is of
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person; partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or
any other bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract ~f- anyone interested-in- t-he ~p~oposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indireet~y, submit~ed--his--er--h~e-r-bid price ~r-airy-breakdown-thereof, o~-the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid."
- Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of ,19
35
0
To the State of California, Department of Transportation.
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 710G)
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or :data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this
Noncollusion Affidavit.
Bidders are cautioned. that making a false certification may subject the certifier to criminal prosecution.
3G
Accompanying this proposal is
(NOTICE: Insert the words "cash ($............),""cashier's check," "certified check," or "bidder's bond," as the case may be),
t, in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the
president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of
all individual copartners composing firm; if bidder or other interested person is an individual, state first and last
names in full.
....................................................o........................................•e...................•i.............................................................. s.................oo. o........•
• ...............1.•e.....•.....•0.....•.........•....•.....•01.o...O.••..........0..•.......••.••..••............••.1......•0........►..•o...........••0.......1...1.1....0........1. 0......•.........•0.0...1..•
Licensed in accordance with an act providing for the registration of
Contractor's License No. e e......... e
........e.o........o .............e...........e.........o.e......e..oe...e.........o.........a.......o.........o....••...e... o... o........ s..... e..e
SIGN e .............•o....oo..•se.a.•e.•e.s....oe•o•e•s..e..........•e.•e....e...•se•o.....•s•.......s.........e...........•0...0.•0...............0.... HERE
...o...o.•o..........•o....•e..•.s .....................................o........................•s................••.o.............es...........e•
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
•.........e.o ........................•o.........•s..........•e..........•e..e............•eee.........................s.......e...a..............••..........e.e................•... s..s.•re......••.....
Telephone No.
•...a....•s....•o.......• ..................................................o...........e.....•ee.....•o.e..........................•e....•....e.........e...............•e.......•s........e......e....•
Place of Residence .
• ...................e.•.............•o.......eo•s............e................................•s.......•e.............................................•o........••......••......e. e.....................
Dated 1
37
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
r.
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
olitic 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,
xecutors 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
o ~~n the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above
ounden principal; heirs, -executors; administra-tors;-successors and-assigns, shall duly enter into and -execute a-contract, to
onstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ays (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for
xecution, 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
eals this day of ,19
(Seal
(Seal
(Seal
Page 1 of 2
38
STATE OF CALIFORNIA )
ss.
COUNTY OF )
- On this day of ,19 ,before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto as surety, and his own name as Attorney in Fact. ~
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public in and for said County and State
~ .
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY 4F BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND .LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD
awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and the
undersigned, which contract provides for the installation of lighting and/or traffic signal system ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said
system is hereby made.
Should any of .the equipment installed pursuant to said contract, except lighting elements, prove defective or
should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of
installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above
causes, all within (1} year after date on which said contract is accepted by the City, the undersigned agrees to reimburse. the City, upon demand, for its .expenses incurred in restoring said systems to the condition contemplated in
said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any
...such equipment and repair said systems completely without cost to the City, so that they will operate successfully as
originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City,
the undersigned shall have the. option to make any needed. repairs or replacements. In the .event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made
and such materials as are necessary shall commence to be furnished and installed within~Twenty-Four (24) hours of
the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the
work within a reasonable period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to
operate as originally intended by-the manufacturers thereof and in accordance with the plans and specifications
included in said contract.
Date Contractor's Signature
Firm
Address
GUARANTEE
MATERIAL AND WORKMANSHIP
o. CITY OF BAKERSFIELD
Department of Public Works 1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD 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 (24) hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due
<diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable
period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the
City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our
expense and we will honor and pay the cost and charges- therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative,-and shall be enforceable by either of them.
DATE Contractor's Name
Authorized Signature
41
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
m
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 attorne s
Y
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, yr on account of damage to property arising out of or in consequence of
(Agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the
City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and ex enses, P
including the expense of counsel, in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
42
SAMPLE ~ SAMPLE
AGREEMENT N0.
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON PANAMA LANE AT AKERS ROAD
T H I S
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
WHEREAS, CITY desires to employ CONTRACTOR to
as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1.SCOPE OF WORK. The scope of work is described as:
The sco e of work shall include all items and p
.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 by law to be inserted in this contract whether
ctually inserted or not.
9. Hold Harmless Agreement
10. Current State of California DAS 140 Form
(if required by Specifications)
43
2. COMPENSATION. CONTRACTOR shall be paid for services
performed under this Agreement as follows:
. The compensation set forth in this paragraph shall
r be the total compensation for the services p1•ovided by CONTRACTOR, including all out-of-
pocket costs incurred. CITY shall pay no fee other than the compensation listed in this
t paragraph unless otherwise agreed 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 prevailing party shall be entitled to recover its attorneys' fees and court
costs and other nonl•eimbursable litigation expenses, such as expert witness fees and
investigation expenses, whether or not such action proceeds to judgment.
. _
6a 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 supel•sedes all other oral or written representations. This
contract may be modified only in a writing approved by the City Council and signed by all the
parties.
10. EXHIBITS. In the event of a conflict between the terms, conditions or
operations set forth herein and those in exhibits attached hereto, the terms, conditions, or
specifications set forth herein shall pl•evail. All exhibits to which reference is made in this
Agreement are deemed incolpo1•ated in this Agreement, whether or not actually attached.
44
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 pl•oject which is dependent on the results of the
studies prepared under this Agreement.
12. TERMINATION. This Agreement may be terminated by any party upon
ten (10) days written notice to all other parties.
13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and
Federal authorities now in force, or which may hereafter be in force, 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 behalf of CITY as an agent nor to bind CITY to an Y
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 Dollars ($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
mo~•e persons, property damage and personal injury, with limits of not
less than One Million Dollars ($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 Dollars
($1,000,000) per accident.
Insurance is to be placed with insurers with a Bests' rating of no less than
A:VII. Thls I'egUll'ement 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,
45
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.
t 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 (3~) days' wl•itten notice of cancellation or material ch-ange in
policy language or terms. All policies shall provide that there shall be continuing liability
thereon, notwithstanding any recovery on any policy.
The insurance 1•equii•ed under this agreement shall be maintained until all work
..required to be performed under the terms of this agreement is satisfactoril com leted as _ __p.-.
evidenced by formal acceptance by the CITY.
All costs of insurance required under this agreement shall be included in the
CONTRACTOR's bid, and no additional allowance will be made for additional costs which
may be -required by extension of the insurance olicies. p
The CONTRACTOR shall furnish the City Risk Manager with a certificate of
insurance and, if requested, copies of endorsements or all insurance policies evidencing the
_ .insurance required under this Agreement. The CITY may withhold payments to
CONTRACTOR if certificates of insurance, endorsements, or co ies of olicies re uired in p p q
this Agreement have not been-provided. - - . - -
Any deductibles, self-insured retentions or insurance in lesser amounts, or lack
of certain types of insurance otherwise required by this Agreement of the CONTRACTOR
must be declared to and approved by the CITY.
However, unless otherwise approved b the CITY, if an art of the work y yp
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 held
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
46
of pel•sons or damage to property al•ising 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 attorneys' fees.
_ 17. EXECUTION. This Agreement is effective u on execution. It is the p
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
Bakersneld, California 93301
CONTRACTOR:
19. FORUM. Any lawsuit pertaining to an matter arisin under, or rowin Y g g g
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.
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 ke t at
• ~ p . CONTRACTOR s office during the pel•~od of this Agreement, and after the term of this
Agreement for a period of thY•ee yeal•s fl•om the date of the final payment under this
47
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 he/she is 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.
t.
25. TAX NUMBERS.
r CONTRACTOR's Federal Tax ID Number .
Is CONTRACTOR a corporation? Yes_ No_.
(Please check one.
----------000----------
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
ayor
Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney - . - _
By
ROBERT M. SHERFY
Assistant City Attorney -
APPROVED AS TO CONTENT:
4s
By
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
49
[To be completed by theaContractor, ~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 earnings, the Escrow Agent
shall notify the Owner within ten (10} days of the deposit. The market value of the securities at the time of the
substitution .shall be at least equal to the cash amount then required to be withheld as retention under the terms
of the Contract between the Owner and Contractor. Securities shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be
withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold
securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the
benefit of the Owner until such time as the escrow created hereunder is terminated.
_1_
50
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 marketaccounts held in escrow and all-interest earned
on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at
any time and from time to time without notice to the Owner,
6, Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by
written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that
Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor,
1. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon
seven (7} days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall
immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8, Upon receipt of written notification from the Owner certifying that the 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 (6}, inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent
harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above,
10. The names of the persons who are authorized to give written notice or receive written notice on behalf
of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective
signatures, are. as follows;
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
-2-
51
On behalf of Escrow Agent:
Title
u-
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
_3e
52
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter desi Hated the g
"Owner," has, on (DATE OF AWARD), 19_, awarded to (NAME OF CONTRACTOR) , a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated
as the "Principal," a contract for the (PROJECT DESCRIPTION; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK. FOR
BONDING COMPANY), as Surety, are held and firmly bound untothe Owner in the sum of (100% OF AMOUNT AWARDED AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OFTHIS OBLIGATION IS SUCH, that ifthe 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 goad for a period of one (1) year after the completion and acce tance p
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, anal 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.
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 orthe 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,
53
there shall be included costs and reasonable expenses and fees, including reasonable attorney's flees,
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
54
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 MEETINGS ,awarded to
(NAME OF CONTRACTOR
hereinafter designated as the "Principal," a contract for the construction of
DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS.
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will
pay the same to the extent hereinafter set forth;
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of 50% OF AMOUNT AWARDED AT COUNCIL MEETINGS 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 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
55
.paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so
long as' any obligation of the Principal remains.
And the said Surety, forvalue received, hereby stipulates and agrees that no change, extension
g. 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
SG
This form should be sent to the Joint Apprenticeship Committee
of the craft or trade in the area of the site of the public work. If you have any questions as to the address of the appropriate P U 6 L1 C WORKS
Jant Apprenticeship Committee, contact the nearest office of
he Division of Apprenticeship Standards (DAS). Consult your CONTRACT AWARD iNFORMATiON alephone directory under California, State of, Industrial
Relations, for the OAS office in your area.
NAME OF COfYTRACTOA CO(YTRACTOR'S STATE LICENSE N0.
CONTRAC?Oifis MAUNG ADDRESS - NUMBER a STREET, CtfY, ZIP CODE aRF.A CODE a TELEPHONE N0.
NAME a LOCATION OF PUBLIC WORKS PROJECT OATE OF CONTAAG7 AwARO
GATE OF ExPECT®oR ACTUAL START OF PROJECT
NAME b AOORESS OF Pt~LIC AGENCY AWAADNVG CONTRACT ESTWIATED NUMSER OF JOURNEYMEN HOURS
APPRENTICES
' OCL'UPAT101V OF APPRENTICE NUh~EA TO BE EMPLOYED APPROXIMATE DATES TO 8E EMPLOYED
f
~ Check One 0f The Boxes Below:
Box 1 ~ We request dispatch of apprentices) for this job. We voluntaniy choose to comply with the applicable Joint
Apprenticeship Committee Standards for the duration of this job only, in training the apprentice(s). We assume no other obligations to the committee or unions under State or Federal laws.
Box 2 ~ We request dispatch of apprentices) for this job. We do not wish to follow the applicable Joint
Apprenticeship Committee .Standards in training the apprentices; instead, we agree to employ and train
apprentice(s~ in accordance with the California Apprenticeship Council regulations governing employment of
apprentices on public work projects. We assume no other obligations to the committee or unions under
State or Federal laws.
Box 3 ~ We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards.
box 4 ❑ We do not request the dispatch of apprentice(sf since apprentices are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signature
~ Typed Name
Title Date
State of California - Department of Industrial Relations
DAs 140 (New »so~ DIVISION OF APPRENTICESHIP STANDARDS