HomeMy WebLinkAbout1995 Special Provisions Project 41009COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA r
NOTICE TO CONTRACTORS
.SPECIAL PROVISIONS .
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL .AND .LIGHTING SY~ .
ON
COFFEE ROAD AT HAGEMEAN ROAD .
BID OPENING:
. DATE APRIL 12, ...1995 .
TIME 11:00 A.M.
PROJECT -NO.41009
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4~ ~ .DEPARTMENT OF PUBLIC WORKS ~0 ~ F
CI ~ ~ ~ TY OF BAKERSFIELD ~ ~
1501 TRUXTUN AVENUE
BAKIrRSFIELD, CA 93301 '
TELEPHONE: 805' 3?.6-3724 4Qa~~ t ~ .
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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 Ha11, 1501 Truxtun Avenue, Bakersfteld, California, Until l 1:00 o'clock A.M. on April 12, 1995 to be publicly
opened and read immediately thereafter in the City Council Chamber, for the following work:
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TRAFFIC SIGNAL AND LIGHTING SYSTEM ON COFFEE ROAD AT HAGEMAN 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 bearing demand deposit
accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The
request for substitution, of securities to be deposited shall be submitted on the form entitled "Escrow agreement for
Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded.
The work completed shall be done in accordance with the Standard Speciftcations of the .Department 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.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1. DEFINITIONS AND TERMS
1-1-.O1 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, Defuution 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 April 12,1995 sealed proposals for
- TRAI+ + C SIGNAL AND LIGHTING SYSTEM ON COFFEE ROAD AT HAGEMAN ROAD
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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 may be deemed necessary or~ expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefi~lly 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 112 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.
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
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'be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly
or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such
omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed
in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department.
The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not
prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public
notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and
place indicated in the "Notice to Contractors. " Bidders or their authorized agents are invited to be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections
5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of
the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of conviction,
any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that
person, or any partner, member, officer, director, responsible managing officer, or responsible
managing employee thereof, has been convicted by a court of ;competent jurisdiction of any
charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or
federal antitrust law in connection with the bidding upon, award of, or performance of, any
public works contract, as defined in Section 1101, with any public entity, as deftned in Section
1100, including for the purposes of this article, the Regents of the University of California ~or the Trustees of the California State University. A state agency.may determine the eligibility of
any .person to enter .into a contract under this article by requiring the person to submit a
statement under penalty of perjury declaring that neither the person nor any subcontractor to be
engaged by the person has been convicted of any of the offenses referred to in this ~ section
within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable
grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than
one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm,
partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among 1 the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be
rejected.
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SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder.
The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.OZ 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 sufftcient bonds insured by an
admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount
equal to one hundred percent (100 of the contract .price. The other of the said bonds shall be in an amount of fifty
percent (50 of the contract price and shall guarantee payment to laborers, mechanics and material workers employed
on the .job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the
California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of
the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or
additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work
remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee. of the
Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned,
together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the
City ,until the execution of the contract. All contracts shall be considered as being made and entered into in the City of
Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including
.Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation
of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S 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 OF WORK, TIlViE OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications,
and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Speciftcations, 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 $20_, 0_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 NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and
9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the
State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code.
In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any
a form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount
of $10,000 or which, together with all other previously approved change orders for that contract exceeds twenty-five
percent (25 of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the
following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by the Engineer before any work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation from a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer.
If such a discrepancy is not reported, to the Engineer, the Contractor shall be responsible for any error in
the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to
read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in
writing a reasonable length of time in advance of starting operations that require such stakes or marks. In
no event, shall a notice of less than 24 hours be considered, a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended `by adding the following paragraph
after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due
notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's work and forty hours' labor. shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and
that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code.
The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The
prevailing rate for each craft, classiftcation 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
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records during normal working hours and shall have the right to question workers at any time concerning the wages being
paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions
of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the
amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required
to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of the
Standard Specifications is deleted and shall not apply to this contract. .
5-1.06 LABOR NONDISCRIlVIINATION. Attention is directed to Section 7-1.OlA(4), "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
(Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing
Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity
requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's. attention is directed to Article 7-1.01 A(5), "Apprentices, " of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code
.Sections, .1777.5,1777.6, and 1777.7 relating. to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all
Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.. `
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One 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.
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 eve 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.
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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
z 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 all notices necessary and incidental to the due and lawful prosecution of the work .from any
and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business
license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P. M. 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 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
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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 ($1,0,000) 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 ($1,0((}(},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 thirty (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 or on
behalf of the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid; and
no additional allowance will be made for additional costs which may be required by extension of
,the insurance policies.
5.1.14 CONTRACTOR'S AUTHORITY. At the preconstructionrneeting, 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
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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.
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
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causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable ftling of claims;
c. Failure of Contractor to make payment due for materials andlor 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 Offtce .and after execution and return by the Contractor of the
.attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under
the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract,
either wholly or in part, against any claim of the parry of the ftrst 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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SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of
,i the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the
work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized
standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES.-The operation of any borrow or disposal sites
used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the
Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply
within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time
of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a
source of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority .having
jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with
the requirements in the first and second paragraphs of this section, the requirements of the permits shall .govern .over the conflicting requirements of this section provided the permit requirements. have been approved by the Engineer.
Full .compensation for complying with the requirements for borrow, disposal and material sites in this
section shall be considered as included in the contract prices paid for the items of work .which require the use of the sites
and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of .certain materials or assemblies, prior
to sampling and testing, if accompanied by a Certificate of Compliance.
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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. 1 " 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 uta.lity
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 displacement and
they shall not be disturbed unless directed by the Engineer.
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Attention ~is directed to the fact that nuisance water may be present at all times along the project. It
will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be
considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be considered as included in the prices paid for the various items of work and no additional compensation will
be made therefor.
7-1.03 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 Bakersfield Fire Department informed at all times as to the exact
location and progress of the work and shall notify them immediately of any streets impassable for fire fighting
equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
COFFEE ROAD BOTH 8:30 AM - 4:30 PM
HAGEMAN ROAD BOTH 8:30 AM - 4:30 PM
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 maybe permitted to use the shoulders and, if half width construction methods are used, may also be permitted to use the side of the roadbed
opposite to the one under construction. No additional compensation will be allowed for any shaping
of shoulders necessary for the accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered by
the Engineer, the Contractor shall, at his own expense, 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.
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.
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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 compensation for conforming to the requirements of the two preceding paragraphs shall
be considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
7-1.06 REMOVE TRAFFIC STRIPES AND PAVEMENT MARII~NGS. 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
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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 0.67-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 for Remove Pavement Marking shall include full compensation
for furnishin all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing g
striping and marking as shown on plan and as directed by the Engineer.
7-1.07 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.
7-1.08 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications and these special provisions.
Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall be furnished r
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 f or~ signal, flashing beacon, or
combination thereof and no additional compensation will be allowed .therefor.
7.1.09 INTERNALLY ILLUMINATED STREET NAME SIGNS. Internally illuminated street name
signs shall conform to the provisions in Section 86-6.065, "Internally Illuminated Street Name Signs," of the Standard
Specifications and these special provisions.
Internally illuminated street name signs shall be furnished and installed by the Contractor and shall be
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A signs per Caltrans Standard Plan ES-33 with single Type V photoelectric control to control all signs per Section 86-
6.07, "Photoelectric Controls," of the Standard Specifications.
Internally illuminated street name 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 internally illuminated street name signs shall be considered included in the respective contract lump
sum price or prices for traffic signal and lighting and no additional compensation will be allowed therefor.
7-1.10 TRAFFIC STRIPES AND PAVEMENT MARI~Il~IGS. 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 8010-21.C-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.
7-1.11 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15,
"Existing Highway Facilities," Section 16, "Clearing and Grubbing," and Section 19-1.04, "Removal and Disposal of
Buried Man-Made Objects," of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside
the Highway Right of Way," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this article
shall be considered as included in the various items of work and no additional compensation will be made therefor.
7-1.12 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs,
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.
MEASUREMENT AND PAYIVIENT. 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 involved in constructing sidewalks and curb ramps, complete
in place, including subgrade preparation, as shown on the plans, and as specified in the specifications and the special provisions, and as directed by the ~ Engineer.
20
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 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 that trenching will
. not be allowed in sidewalk areas. Installation using jacking or drilling shall conform to Section 86-2.OSC, "Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose
uncompacted material shall be removed from the bottom of the trench prior to placement of
conduit. The top of the installed conduit shall 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.
Conduits .installed under sidewalk shall be jacked or drilled. Remove and replace complete sidewalk
panels to nearest seam or scoreline if pits in sidewalk area for jackingldrilling are necessary. Removal and
replacement of entire sidewalk .area for j acking/drilling pits 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.
7-2.02 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.
7-2.03 CONDUCTORS AND WIltING. 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."
7-2.04 SERVICE. Service shall conform to the provisions in Section 86-2.11, "Service", of the
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.
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 70 amp, 240 volt, 3 pole main breaker and the following
branch circuit breakers:
No. Amps Phase Volts B= Meter d
1 50 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
3 20 1 110 Autoscope Yes
4 20 1 110 Internally Illuminated Yes Street Name Sign
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.
7-2.05 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 SECTION 4, "BEGIl'JNING OF WORK, TIIVIE OF COMPLETION AND LIQUIDATED. DAMAGES"
of these special provisions.
The fourth paragraph of Section 86-2.14C "Functional Testing" of the Standard Specifications shall be amended
to read as follows:
Turn on of new or modified traffic signals shall be made only after all traffic signal circuits, including signal interconnect circuits, have -been thoroughly tested.. as specified above.
7-2.Ob 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 Sections ~86-4.01, "Vehicle Signal
Faces," 86-4.02, "Directional Louvers," 8b-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 vehicle signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "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.
22
7-2.07 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.
Pedestrian signals shall be Type ~ G; conforming to the following;
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; 3/16 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 ro'ected area PJ
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 ~ Speciflcations.
7-2.08 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High Pressure Sodium 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.
7-2.09 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the rovisions in Section
P 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luininaire shall be provided with a Type IV photoelectric control. Internally illuminated street name signs
shall be controlled by a single Type V photoelectric control located in the service pedestal.
7-2.10 CONTROLLERS, CABINETS AND AUXII~IARY EQUIPMENT. The City will furnish the controller and cabinet assembly'for each location complete with all necessary prom modules, conflict monitor, flasher
units and relays, isolation module, switch packs, detector cards, keys and locks. The central pad shown on the
Foundation Details" of State Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12".
7-2.11. AUTOSCOPE. Vehicle detection will be Econolite's AUTOSCOPE-2003, Video Vehicle Detection
System furnished by the City.
City-furnished video cameras shall be installed by the contractor.
Camera video cable (Belden #8281 } shall be furnished by the contractor and shall run continuous from camera pigtail
connection to signal controller cabinet. Camera video and power cords shall enter luminaire arm using engineer approved
crimp-type BNC connectors such as Ampheno131-71032 and .shall utilize a drip loop. Connectors should be installed
23
using Amphenol CTL-2 Crimping Tool. Weatherproof connections shall not be at bottom of drip loop, Connections
at cameras shall be appropriately wrapped and weatherproofed.
7-2.12 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except Autoscope and 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.
7-2.13 PAYN~NT. 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 Traffic Signal and Lighting System and no separate payment will be made therefor.
24
PROPOSAL
FOR
TI + + C SIGNAL AND LIGHTING SYSTEM ON COFFEE ROAD AT HAGEMfAN 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.
ITEM ESTIMATED UNIT OF ITEM ~ UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE (in figures)
1. 1950 SQFT Remove Pavement Marking
2. 6 EA Remove Roadside Sign
3. 8 ~ EA Remove Roadside Sign Panel
4. 4 EA Remove Roadside Sign Panel/
Cut Post
5. 8 EA Install Roadside Sign Panel on . Existing Post
6. 800 LF Traffic Stripe, Detail 38
7. 285 SQFT Thermoplastic Pavement
Marking.
Page 1 of 2
25
ITEM ESTIlViATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in Figures) PRICE
' (in figures)
8. 880 SQFT Minor Concrete (Sidewalk)
9. 1 LS Traffic Signal and Lighting System
Bidder acknowledges receipt of the following addendum: Clearly list any and all addenda
numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope.
Signed Total Bid $
Company
Address
P.O. Box
City, State, Zip Code
Telephone Number
License No. and
Expiration Date
S
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 2 of 2
26
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price.
In the case of lump. sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices.
Bidder agrees that incase of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid
Total, the Unit Price(s) shall prevail,, and the bid submitted shall be the correctly computed sum of all correctly computed
Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount
set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the
following:
(1 } As to lump sum items, the amount set forth in the Extension Price column
shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column
shall be divided by the estimated quantity for the item and the price thus
obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and
the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the
Contractor in or about the. construction of the work or improvement in excess of one-half of one (1 percent of prime
Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, .and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal.
Subcontractor's Name Description of portion
and Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
27
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
+ + C SIGNAL AND LIGHTING SYSTEM ON COFFEE ROAD AT HAGEMAN 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 ma .king the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone
shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of .anyone interested in the proposed. contract; that all statements coat- -aired in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged .information or data relative thereto, or .paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive
or shad bid."
Signature of Bidder
.Business Address
Place of Residence
Subscribed and sworn to before me
this day of , 19
28
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
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.
29
Accompanying this proposal is
(NOTICE; Insert the words "cash " "cashier's check, " "certiEed check, " or "bidder's bond, " as the case may
be), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IlVIPORTANT 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 Erst and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License Number: .
Sign Here .
4 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 arm shall be set forth above together with the signature of the partner or partners authorized to sign contracts. in behalf
of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other
than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of `
the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular
and unauthorized.
Business Address: .
Telephone Number .
Place of Residence .
Dated:
30
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of
Bakersfield, a body politic and corporate of the State of .California, in the sum of
_ dollars to be paid. to said City, for which payments, well and truly to~ be made; we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. _
TIC CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as
referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above
bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to
construct said -improvements aforementioned, and shall execute and deliver the two bonds required bylaw, within ten days
(not including Sunday) from the date of a :notice to the above bounden principal, that said contract is ready for execution,
then this obligation shall become null and void., otherwise it shall be and remain in fill force and effect.
' IN WITNESS WI~REOF, we have hereunto set our hands and seals this day
of ,19 .
(Seal}
(Seal)
(Seal)
Page 1 of 2
31
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 helshe subscribed the name of
thereto
as surety, and his own name as Attorney in Fact.
IN WITNESS WI~REOF 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
R~
32
GU E
TRAFFIC SIGNAL EQUIPMENT
. CITY OF 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 COFFEE ROAD AT HAGEMAN 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 si ng_al 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 specifted in the City's
written notiftcation.
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
33
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING. SYSTEM ON COFFEE ROAD AT HAGEMAN 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 andlor
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
34
HOLD HA[tNII,ESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the
City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason
of the liability imposed by law upon the City, except incases of the City's sole negligence, for damage because of bodily
injury, including death at any time resulting therefrom, sustained by any person or
persons, or on account of damage to property arising out of or in consequence of .
(Agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED. that the Contractor shall (at the option of the City),
defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the
expense of counsel, in the defense of any suit arising hereunto.
Date:
Contractor's Name
Authorized Signature
r•
35
SANH'LE ~ SAMPLE
AGREEMENT N0.
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON COFFEE ROAD AT HAGEMAN ROAD
THIS AGREEMENT is made and entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and ,referred to herein as "CONTRACTOR. "
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the
field of ;and
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 scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has
. been .hired to perform, whether specifically ,included in the scope of work or not. .
The following shall be deemed to be part of this agreement as if fully set forth herein:
1. Notice to Contractors 2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. Performance Bond
6. Material and Labor Bond
7. ~ Letters of transmittal, if any
8. -All provisions required by law to be inserted in .this contract whether. actually inserted or not.
9. Hold Harmless Agreement
10. Current State of California DAS 140 Form
(if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this
Agreement as follows:
The
compensation set forth in this paragraph shall be the total compensation for the services provided by CONTRACTOR,
including all out-of pocket costs incurred. CITY shall pay no fee other than the compensation listed in this paragraph
unless otherwise agreed 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.
36
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, s, the prevailing party shall be entitled to recover its attorneys' fees and court costs and other nonreimbursable litigation
expenses, such as expert witness fees and investigation expenses, whether or not such action proceeds to judgment.
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain
at all times during the term of this Agreement any licenses, permits and approvals which are legally required for
CONTRACTOR to practice its profession.
LITIGATION. In the event litigation is commenced involving this contract,
CONTRACTOR, at the request of the CITY, shall assist CITY in the litigation.
8. STANDARD OF PERFORMANCE. All work. shall be performed in conformity with all
legal requirements and industry standards observed by a competent practitioner of the profession in California.
9. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing
approved by the City Council and signed by all the parties.
10. EXHII3ITS. In the event of a conflict between the terms, conditions or operations set forth
herein and those in exhibits attached hereto, the terms, conditions, or specifications set forth herein shall prevail. All
exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not
actually attached.
11. CONFLICT OF INTEREST. CONTRACTOR stipulates that corporately or individually,
the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which
is dependent on the results of the studies prepared under this Agreement.
12. TERMINATION. This Agreement may be terminated by any party upon ten (10) days
written notice to all other parties.
13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole
cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may
hereafter be in force, 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 n of CITY as an agent nor to bind CITY to any obligation not expressly authorized herein.
15. INSURANCE. In addition to any other form of insurance or bond required under the terms of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types
and limits of insurance, otherwise referred to as "basic insurance requirements";
a. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits
of not.less than One- Million Dollars ($1,000,000) per occurrence;, and
37
b. Broad form commercial general liability insurance, providing covera a on an occurrence
g 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
q, c. Workers' compensation insurance with statutory limits and employer's liabili insurance
ty 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. This requirement
may be waived at the CITY'S sole discretion.
All policies required of the CONTRACTOR hereunder shall be primary insurance as res ects the P CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self insurance maintained b
Y the CITY, its mayor, council, officers, agents, employees and volunteers shall be excess of the CONTRACTOR's
insurance and shall not contribute with it.
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
The liability policies shall provide contractual liability coverage for the terms of this Agreement.
The liability policies shall contain an additional insured endorsement in favor of the CITY, its mayor,
council, officers, agents, employees and volunteers.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the
CITY, its mayor, council, officers, agents, employees and volunteers.
.All policies shall contain the following endorsement: An endorsement providing the CITY with thirty (30) days' written notice of cancellation or material change in policy language or terms. All policies shall provide that
there shall be continuing liability thereon, notwithstanding any recovery on any policy.
The insurance required under this agreement shall be maintained until all work re uired to be q
performed .under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the CITY.
All costs of insurance required under this agreement shall be included in the CONTRACTOR's bid . , and no additional allowance will be made for additional costs which may be required by extension of the. insurance
policies.
The. CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance 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 copies of policies
required in 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 by the CITY, if any part of the work under this A reement is g
subcontracted., the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all
subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. CONTRACTOR shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph.
16. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY its
officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever
against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with,
or caused by CONTRACTOR, CONTRACTOR's employees, agents, subcontractors, or independent contractors or
companies in the performance of, or in any way arising from, the terms and provisions of this A reement whether or g not caused in part by a party indemnified hereunder.
38
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 upon execution. It is the product of negotiation
and therefore shall not be construed against any party.
18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent
by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR:
19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, ~ California.
20. ASSIGNMENT. This contract shall not be assigned by any parry, 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 DOCIJNIENTS. 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 kept at CONTRACTOR's office during the period of this Agreement, and after the term of this
Agreement for a period of three years from the date of the final payment under this Agreement, and shall be made
available to CITY- representatives upon request at any time du .ring 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.
25. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
Is CONTRACTOR a corporation? Yes, No_.
(Please check one.)
----------000----------
39
IN WITNESS WI~REOF, the parties hereto have caused this Agreement to be executed, the day
and year first-above written.
"CITY" "CONTRACTOR"
r. CITY OF BAI~RSFIELD
By By
BOB PRICE
Mayor
Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By
ROBERT M. SHERFY Assistant City .Attorney
APPROVED AS TO CONTENT:
By
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By
GREGORY J. KLIlViKO
Finance Director '
40
[To be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option
to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner
pursuant to the Construction Contract entered into between the Owner and Contractor for
in the amount of ~ dated (hereinafter referred to as the
"Contract"). When Contractor deposits the securities. as a substitute for. Contract 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 specifed 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.
j -1-
41
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in
administering the escrow account. These expenses and payment terms shall be determined by the Contractor and
Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned
on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any
time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by
written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon
seven (l) 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-
42
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time .the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first
set forth above.
..Owner Contractor
Title Title
Name Name
Signature Signature
_3_
43
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner,"
has, on f DATE OF AWARD), 19`, awarded to f 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 unto the Owner in the sum of (100% OF AMOUNT
AWARDED AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and faithfully perform the covenants, conditions, and agreements in the -said contract and any
alterations made as therein provided, on his or their part, to be kept and .performed at the time and in the manner
therein specifed, and in all respects according to their true .intent and meaning, and sha11 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 andlo.r 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 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,
44
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
PERFBOND.2
45
MATERIAL -LABOR BOND
KNOW ALL MEN BY.THESE PRESENTS, THAT, WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on
(DATE OF COUNCIL MEETING), awarded to
(NAME OF CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of
(DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS).
WHEREAS, said ,Principal is required to furnish a bond in connection and with said
contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon. of any kind, the Surety of this bond will
pay the same to the extent hereinafter. set forth:
NOW, THEREFORE, WE, the Principal, and ,LEAVE BLANK FOR BONDING COMPANYZ,
as Surety, are held and firmly bound unto the Owner the penal sum of X50% OF AMOUNT AWARDED AT COUNCIL MEETING) dollars ~ lawful money of the United States, for the payment of
-which sum well and truly to be made, we .bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents. ~ .
THE CONDITION OF THIS OBLIGATION IS SUCH, that if 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
y said period of one year from the date of acceptance of said work, and resulting-from or caused. by
defective materials. andlor 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.
46
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this
bond, and it does hereby waive notice of any such change, .extension of time, alteration, or addition
to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of 19_, the name and corporate seal
of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
(Seal) Signature for Principal Title
Surety
(Seal} Signature for Surety Title
(Attach notarization -form for each required signature.)
Page 2 of 2
47
Tt~~is 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 LI C W~ R KS Joint Apprenticeship Committee, contact the nearest office of CpNTRACT AWARD 1NF~RMATION
!~e Division of Apprenticeship Standards (DASD. Consult your
alephone directory under California, State ~ of, industrial Relations, for the DAS office in your area.
NAME OF CONTpACTOR CONTRACTOR'S STATE LICENSE NO.
~ AREA CODE S TELEPHONE NO. CONTRACTOR'S MAN.ING ADDRESS - NUMBER b STRUT, CtfY, ZIP CODE
NAME b LOCATION OF PUBLIC WORKS PROJECT ~ DATE OF CONTFWCT AWARD
~ DATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME b ADDAESS OF Pt~UC AGENCY AWAA0ING COPITAAC? 'ESTIMATED NUMBER OFJOURNEYMEN HOURS
i
APPRENTICES
OCCUPATION OF APPRENTICE ~ NUN~ER TO BE BNPI.oYED " APPROXIMATE DATES TO BE EMPLOYED i
i
i .
Check- One Of~ The Boxes Below:
Box 1 ~ We request .dispatch of apprentice(s) for this job. We voluntarily 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.
We request. dispatch of apprentices} for this job. We 'do not wish to follow the applicable Joint Box 2
Apprenticeship Committee Standards in training the apprentices; instead, we .agree to employ and ,train
apprentices} 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 re uest the dispatch of apprentices} since apprentices are -not required on this job under the
❑ q . provisions of California Lanor Code Section 1171.5, .because.
Signature
Typed Name
Title ~ - - Date
State of California - Department of Industrial Relations
DAS 140 (New vso~ DIVISION OF APPRENTICESHIP STANDARDS
.y
d
,N