HomeMy WebLinkAbout1996 Special Provisions Project T6K058
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CITY ~~OF BAKERSFIELD y
CALI~F4RNI~ - ~ - -
NOTICE~TO CONTRACTORS ;
SPECIAL PROVISIONS
BID PROPOSAL AND CQNTRACT1
FOR
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IN RED.:. FLASH G BEACONS ON
BUENA VISTA ROAD AT PANAMA LANE .
BIDOFENING:
DATE: January 10, 1996
TIME: 11:00 A,M, fi
PROJECT N0. T6R058
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DEFARTME 0~' PUB_ IC WORKS cu ~23QQ . CITY OF BAKERSFIELD
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E X P. ~BAKERSFIELD, CA 9 3:3 01 .
Telephone: (805) 3`26-3724
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CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing
Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Unti111:00 o'clock A.M. on January 10,
1996 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
FLASHING RED BEACONS ON BUENA VISTA ROAD AT PANAMA LANE
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 ii
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 it Lieu of Retention" ilcluded i~ 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 ul accordance with the Standard Specifications 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,
Calif oriiia.
. GENERAL DESCRIPTION OF WORK
The work to be performed consists, ul general, of installuig flashnigRED BEACONSs at the
intersection of Buena Vista Road and Panama Lane.
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 hereni shall be done ii 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 defiiitions 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 Engiieerilg Department of the City of Bakersfield.
Director -City .Engineer.
Engineer -The City Engineer, actng 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.
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State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act
do not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special
provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications.
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SECTION 2.
PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California,
will receive at her office, City Ha11,1501 Truxtun Avenue, it said City, until 11:00 o'clock A.M. on
January 10,1996 sealed proposals for:
FLASHING RED BEACONS ON BUENA VISTA ROAD AT PANAMA LANE
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 Engileer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and
contract forms. It will be assumed that the bidder has iivestigated, 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 R~TECTION 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 kiid. Proposals ui 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 hereii 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, commenciig with Section 4100 of the Public
Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of
penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized
substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
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Bidders are cautioned that this listilg requirement is iii addition to the requirement to provide a list
of .DBE Subcontractors after the opening of the proposals for projects utiliziig Federal funds.
2.1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned
in the specifications and not shown on the drawiigs or shown on the drawuigs and not mentioned in the
specifications shall be of the same effect as if shown or mentioned ii both.
;a Omissions from the drawings or the specifications of the materials or details of work .which are
manifestly or obviously necessary to carry out the uitent 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.
Z-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the tune
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
tune and place indicated ul 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 ul particular to the requirement therein, that
if the bidder claims a mistake was made in liis bid, the bidder shall give the Department written notice within 5
days after the opening of the bids of the alleged mistake, specif~ilg ui 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, briery, collusion, conspiracy, or
any other act it violation of any state or federal antitrust law ii connection with the
bidding upon, award of, or performance of, any public works contract, as defvled in
Section 1101, with any public entity, as defused ii Section 1140, iicluding 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 alto 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 withil the preceding three years.
A form for the statement required by Section 10285.1 is included ii the proposal.
Z-1.1Z DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combiiatioil thereof under the same or different names will not be considered.
Reasonable grounds for believing that any iidividual, 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
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which such iidividual, firm, partnership, corporation or combination thereof is interested. If there is reason for
believing that collusion exists among tine bidders any or all proposals may be rejected. Proposalsvn which the
prices obviously are unbalanced may be rejected.
SECTION 3.
AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible
bidder. The language "responsible" refers to not only tine attribute of trustworthiness, but also to tine quality,
fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be
awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is
approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by
an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent {100%) of tine 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 ii 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 vi writing may be made of the Contractor for such
further bond or bonds or additional surety, not exceeding that origiially required, as is considered necessary,
considering the extent of the work remaiii~g 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. Tlne contract shall be signed by the successful bidder and
returned, together with tl~e contract bonds withal ten (10) days, not including Sundays, after the bidder has
received notice that the contract has been awarded. No proposal shall be considered bolding upon the
City until the execution of the contract. All contracts shall be considered as beiig 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 airy 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 tine respective bidders whose proposals they accompany.
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SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND
. LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.Ob, '"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, "Begnnng of Work," of the Standard Specifications,
is amended to read:
The Contractor shall begii work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the -
same to completion before the expiration of 15 working days.
Contract working days will commence from the date the Contractor
begins work or the 15th calendar day from the date of the written notice
to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $200.00 per day for each and every
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as
included in the prices paid for the various items of work acid 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 w,ithii 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 begii 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 engiieeri~g and iispection for any portion of the delay in completion of
the work caused by manufacturiig time should approval be given to begil 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 ii writing and the Enguieer will order start of work ii writing.
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 it 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 ii any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases it 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.
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5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions un Section 5,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawiigs", 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 Engiieer before any work ilvolving these plans shall be performed, unless
approval is waived in writing by the Engiieer.
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 it common, ii order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be
reported to the Engiieer. 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 ii Section 5-1.07, "Lutes and Grades" of the Standard Specifications is
amended to read:
When the Contractor requires such stakes or marks, lie shall notify tine Engiieer of his
requirements ii writing a reasonable length of time in advance of startiig 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 duriig 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
ii said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section
1812 of the Labor Code. Tlne Contractor and all Subcontractors shall pay not less than the general prevailing
rate of per diem wages and the general prevaiing rate for holiday and over-time to all workers employed in the
construction of this project. Tlne prevailing rate for each craft, classification or type of work is determined by
the Director of the Califortnia Department of Industrial Relations, and leis schedule of pre~aililg rates is on file
and available for inspection vi the Public Works Department. The schedule is incorporated hereii by this reference. The City shall have the right to iispect payroll records during normal working hours and shall have
the right to question workers at any tune concerning the wages being paid. Contractor shall not ilterfere it any
way with the City's right to investigate conformance with tlne wage provisions of this contract.
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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 ii Section 7-1.01A(3), "Payroll Records," of
the Standard Specifications is deleted and shall not apply to this contract.
5.1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment
and Housing Commission to implement said Act, and to the nondiscrimiiation, affirmative action and equal
employment opportunity requirements it the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(S),
"Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with. the
provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relatilg 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 followiig:
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 letterllead or DAS 140, enclosed with
these specifications.
2. A copy of an approval to employ and trawl apprentices from. the local Department of
Industrial Relations, Division o€ Apprenticeship Standards.
3. Proof of a Collective Bargaiiiig 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 Purchasiig
Division, withii two (2) working days followiig the bid openv~g.
5.1.08 TRENCH SAFETY. Tl~e Contractor shall comply with Section 4705 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 it excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000} for excavation of any trench or trenches five feet or more in
depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed
plan, showilg the design of shorilg, bracilg, 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 Engiieer 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.
Nothiig it this section shall be construed to impose tort liability on the awarding body or any of
its employees.
The terms "Public Works" and "Awarding Body," as used it 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 SO feet. This requirement ii 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 it favor of light waniiigs except those required by
safety laws for the protection of personnel. .
Full compensation for conformiig to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work iivolved 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 iicidental to the dine 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 workilg hours from 7:00 A.M. to
4:30 P.M. Monday t, hrou hg Friday. Any deviations must be requested and ii writuig 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 hinself fully informed of all
existing and future State and National laws and all municipal ordilances and regulations of the City of
Bakersfield which in any manner affect those engaged or employed ii 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 tine City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
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. 5-1.13A HOLD HfARMLESS. The Contractor shall save, hold harmless and indemnify the City,
its officers, agents, employees and volulnte~ers from all claims, demands, damages, judgments, casts
or expenses ii law or equity .that may at any time arise from or related to any work performed by
the Contractor, his agents, employees or subcontractors under the terms of this agreement and
shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurannce or bond required under the
terms of this agreement and specifications, tine Contractor shall procure and mailtain for the
duration of this agreement the followiig types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, includng death, of one or more persons, property damage and personal injury, with limits of not
less than one million ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for awned, Inoln-owned and hired autos.
General liability insurance, providilg 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 iisured endorsementvl favor of the City, its
mayor, council, officers, agents, employees alld volunteers;
Workers' compensation with statutory limits and employer's liability insurannce with limits of not
less than one million ($1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement it 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 contrl~ute-with it.
All policies shall contain the following endorsements:
An endorsement providilg the City with ten (10) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided by
or on behalf of the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by
formal acceptance by the City.
All costs of insurance required under this agreement shall be iicluded ii the Contractor's bid,
and no additional allowance will be made for additional costs which may be required by
extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
provide the City with the foreman's or superintendent's name who will be ii charge of this project.
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5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165,
"Damage by Storm, Flood, Tidal Wave or :Earthquake," of the Standard Specifications is deleted and shall not
apply to this contract.
5-1.1b WORK IN CITY STREETS. All of the work shown on the plans and 'included ul these
specifications that is locatednl the public streets u~ the City of Bakersfield shall be done u~ accordance with
City Ordinance regulating the use of public streets withal the City, except as otherwise provided herein.
The Contractor shall iiform hinself 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 liis own arrangements, and pay all expenses for additional area required by
him outside of the limits of right of way unless otherwise provided ii 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 workiig force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified
.and iitended in and by the terms of the contract, notice thereof it 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, withal the time specified ii such notice, tl~e City Council it 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
machiiery or materials, and purchase the materials contracted for, i~ 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 remainiig 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 it 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 i~ 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.
13
.5.1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article
9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or
. any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or iifornnation reasonably indicating probable filvig of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causiig 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 determiiation of any claims wlnicln 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 tine completion of the contract, make a fugal estimate of the
amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be
retained under the provisions of the contract. All prior partial estimates and payments shall be subject to
correction in the final estimate and payment. The final payment shall not be due and payable until the
expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County
Recorder's office and after execution and return by the Contractor of the attached GUARANTEE when
applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments
made under the contract except the final certificate or final payment, shall be conclusive evidence of the
performance of the contract, either wholly or it part, agaiist army claim of the party of the first part, and no
payment shall be construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount -due under the contract,
and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work
performed under the contract or any alteration thereof.
5-1.22 INCREASED 0R DECREASED QUANTITIES. The word "compensation" it 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".
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5.1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers
and subcontractor's well-being and their education of handling hazardous materials when hazardous materials
are encountered during this project.
SECTION 6. CONTROL OF MATERIALS
6.1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used it the work. Representative preliminary
samples of the character and quality prescr~~ed shall be submitted by the contractor or producer of all materials
to be used in the work, for testing or examilation as desired by tine Engineer.
All tests of materials furnished by the contractor shall be made i~ accordance with commonly
recognized standards of national organizations, and such special methods and tests as are prescribed in the
specifications.
b-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 witlnii 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 wild drawn, will blend with surrounding terraii, and will have a
potential as a source of blowing dust or other pollution which is no greater than when it 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 tine requirements i~ the first and second paragraphs of this section, the
requirements of the permits shall govern over tine conflictilg 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 iicluded in tine contract prices paid for tine items of work which require the use of the sites and no additional compensation will be allowed therefor.
b-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, tine Engiieer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
15
SECTION 7. CONSTRUCTION DETAILS
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,
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 ?-1.11,"Preservation of Property," and
7-1.12, "Responsibility far 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 tlne 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 it moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations it
such a manner as to avoid any unnecessary delay or hildrance to the work bevng 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 involviig landscaping or irrigation systems,
the Contractor shall contact the City Parks Division at 326.3117 for the purpose of ascertaililg the locations
and current operational status of all landscape irrigation wiring, maiili~es, laterals and other facilities.
Due care shall be taken to mininnize damage to existiig irrigation systmes and plant .materials. The .Contractor shall be responsn~le 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 ilterruption of irrigation operations
due to~ damage by the Contractor, the Contractor sllall.be responsible for mailtaililg 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 tine Engineer. c
Attention is directed to the fact that nuisaince water may be present at all times along the project.
It will be the responsibility of tlne Contractor to provide for lnandlung of said water and any expense ilvolved
shall be considered as included in tine prices paid for tlne various items of work and lno additional allowance will
be made therefor.
Except it tine case of extra work, full compensation for conformvng to tine 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 s}nall furnish, install and maintain signs, lights, flags ,
and otherwarnilg and safety devices when performing work which interferes with or endangers the safe movement
of traffic on any street or highway.
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Signs, lights, flags and other warning and safety devices and their use shall conform to the
requirements set forth i~ 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 inpassable 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
BUENA VISTA ROAD ' BOTH 8:30-4:30
PANAMA LANE BATH 8:30-4:30
Where construction operations areactively in progress, a minimum of one traffic lane shall be open for
use by public traffic. Where construction operations are not actively it progress not less than two lanes shall
be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half width
construction methods are used, may also be permitted to use the side of tine 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 mailtaii construction area signs,
lights, flares, temporary railiig (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 directilg the movement of public traffic through or around the
work. When deemed necessary by the City, the sighs "Road Construction Ahead," No. G18, 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 ill advance of any construction.
The Contractor shall report all accidents to the Engileer.
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. 4
7.1.04 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 tine City. Such signs and street
markers shall be relocated and maiitained during construction so as to convey tlne same intent that existed prior
to construction.
Existiig 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 Waste Water Plant # 2 at Mount Vernon Avenue, south of Hwy 58.
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I
PAYMENT. Full compensation for conforming to the requirements of the two preceding paragraphs shall
be considered as included iu the prices paid for the various items of work and no additional allowance will be made
therefor.
7-1.05 REMOtTE CONCRETE. Removing concrete shall conform to the provisions i~ Section 15, "Existing Highway Facilities;' 16, "Clearing and Grubbiig," and 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 it accordance withthe provisions ii 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.
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SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused.
When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall be amended to read:
When foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be
removed to a depth of not less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be backfilled with material equivalent to the surrounding material.
7-2.02 STANDA.RD5, STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall
conform to the provisions it Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard
Specifications and these special provisions.
7-2.03 CONDUIT. Conduit shall conform to the provisions it Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions.
Conduits may be installed by either jackingldrillilg or open trench methods except that trenching will
not be allowed ii sidewalk areas. Installation using jacking or dxillilg shall conform to Section 86-2.OSC,
"Installation," of the Standard Specifications. Open trench installation in pavement shall conform to the
followiig specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed b niches it width. Trench shall be cut using a rock saw and all loose
uncompacted material shall be removed from the bottom of the trench prior to placement of
conduit. The top of the installed conduit shall be a minimum of 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 bender shall be applied as specified in Section 39-4.02,
"Prime Coat and Pailt 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 i1 the pavement shall be backfilled, except for the top 0.20 foot, by the end
of each work day. The top 0.20 foot shall be placed witlnii~ three (3) working days after trenching.
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 will be jacked or drilled. Remove and replace complete sidewalk
panels to nearest seam or scoreline if pits in sidewalk area for jackilg/drillung are necessary. Removal and
replacement of entire sidewalk area for jacking/drilling pits is also allowed.
19
Dependent upon adverse soil conditions or other circumstances encountered at the time of construction, the
Engineer may specify which of the above methods may be used.
7.2.04 PULL BOXES. Pull boxes shall conform to the provisions ii Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7.2.05 CONDUCTORS AND WIRING. Conductors and wiruig shall conform to the provisions in
Section 8b-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
Sub paragraphs 1,2,4 and 5 of the first paragraph of Section 8d-2.09D, "Splicing," of the Standard
Specifications are deleted.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard
Plan ES 13.
Splices shall be insulated by "Method B."
7-2.06 SERVICE. Service shall conform to the provisions it Section 86-2.11, "SERVICE", of the
Standard Specifications and these special provisions.
Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 15 amp,
120 volt, 3 pole main breaker and the following branch circuit breakers:
The Engineer will arrange with the serving utility to complete service connections to service points
shown on the plans and will pay all required costs and fees required by the utility.
7-2.07 TESTING. Testing shall conform to the provisions ii Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
FUNCTIONAL TESTING. All functional testnlg 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 ii the number of working days to complete the .project as descried
in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED
DAMAGES" of these special provisions.
7-2.08 SIGNAL FACES AND SIGNAL MEADS. Signal faces, signal heads and auxiliary equipment, as
shown on the plans, and the installation thereof, shall conform to the provisions ii Section 86-4.01, "Vehicle
Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions.
Housilg, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
20
The fourth sentence of the first paragraph of Section 8d-4.06, "Signal Mounting Assemblies," of the
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and termiial compartments shall be cast bronze or hot-dip galvanized ductile
iron.
7-2.09 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The Controller assembly and
auxiliary equipment shall conform to the provisions of Section 86-3.01 "Controller Assembly;' Section 86-
3.08L "Flasher," and Section 86-3.09 "Components" of the Standard Specifications and these special
provisions.
Solid State controller shall be as shown on the plans.
7-2.10 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form
attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of
one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with
the City before notice of completion and fiial acceptance is made by the City of the work described on the plans and these special provisions.
7-2.11 PAYMENT. Payment for sigirals and lightiig shall conform to the provisions ii 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 it
the contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor.
Full compensation for concrete apron shall be considered as included iii the contract lump sum price
and no separate payment will be made therefore.
a
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I
PROPOSAL
FOR
FLASHING RED BEACONS ON BUENA VISTA ROAD AT PANAMA LANE
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 priicipals are those named hereii; 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, it 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 it case of default it executiig the required contract, with
necessary bonds, within ten (10} days, not including Sunday, after havilg 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. 1 LS Flashing RED BEACONS
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 $
Bidder
Company
THE REPRESENTATIONS MADE HEREIN
Address ARE MADE UNDER PENALTY OF PERJURY
P.O. Box
City State Zip Code
( )
Area Code Telephone Number
License No. and Expiration Date
Pagelofl
22
The Extension Price has been calculated by multiplyiig the Estimated Quantity by the Unit Price. In the case
of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices.
Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price{s)
and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the correctly computed sum
of all correctly computed Extension Prices, provided, however, if tlne 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 followiig:
(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 obtaiied 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 ii 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. Tlnis 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)
23
e
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
FLASHING RED BEACONS ON BUENA VISTA ROAD AT PANAMA LANE
State of California ) )SS:
County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person., partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not .directly or iidirectly induced or solicited any other .bidder to .put in
a false or sham bid, and has not directly or iidirectly colluded, conspired, connived, or agreed with. any bidder
.or anyone else to put in a sham bid, or that anyone shall refraii from bidduig; that- the bidder has not in any
manner, directly or indirectly, sought by agfeement, 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 ii the proposed contract; that all statements contained in the bide are true; and, further, that the
bidder has not, directly or iidirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged iiformation or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
Busiiess Address
Place of Residence
Subscribed and sworn to before me
this day of , 19
24
I
To the State of California, Department of Transportation.
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, ally
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 pint it
a false or sham bid, and has not directly or indirectly
colluded, conspired, COlllllved, 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 ii 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 iiterested ii the proposed
contract; that all statements contained i~ 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 iiformation
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 Noncoilusion 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 clay subject the certifier to criminal prosecution.
25
Accompanyiig this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be),
in amount equal to at least ten ,percent of the total of the bid.
The names of all persons interested ii the foregoiig proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the
president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of
all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
• ........................................................................................................................s.e..........................................................................
0 Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the. corporation shall be .set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of
the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in
behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent,
other than an officer of a corporation or a member of a partnership, a Power of Attonley must be on file with the City
Clerk of the City of Bakersfield prior to openiig bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business -Address
Telephone No.
Place of Residence
Dated 19...........
2b
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
olitic and corporate of the State of California, in the sum of dollars
,to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs,
xecutors and administrators, successors or assigns, joiltly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred
o in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above
ounden principal, heirs, executors, administrators, successors and assigns, shall duly enter alto and execute a contract, to
nstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ays (not including Sunday}.from the date of a notice to the above bounden principal, that said contract is ready for
xecution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and
eats this _ day of ,19
(Seal
(Seal
(Seal Page 1 of 2
27
STATE OF CALIFORNIA ) ss.
COUNTY OF )
0n this day of ,19 ,before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto as surety, and his own name as Attorney ul Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year u~ this certificate first above written.
Notary Public ul and for said County and State
I
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Buildiig
Bakersfield, Califoniia 93301
In accordance with the terms of Contract No. for:
FLASHING RED BEACONS ON BUENA VISTA RDAD AT PANAMA LANE ,awarded
on ,between the City of Bakersfield. (hereiiafter referred to as the City), and the undersigned,
which contract provides for the installation of li~htilg and/or traffic si ig lal system ,and under which
contract the undersigned has furnished and installed such system, the followiig 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 iicurred i~ restorvig 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. z
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 tl~e 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 withal Twenty-Four (24} hours of
the date specified in the City's written notification. Contractor. shall prosecute with .due diligence to complete the
work within a reasonable period of time, as specified it the City's written notification.
Said system will be deemed .defective withal the meaning of this guarantee ii the event that they fail to operate as originally intended by the manufacturers thereof and it accordance with the plans and specifications
included in said contract. °
Date Contractor's Signature
Firm
Address
29
GUARANTEE
MATERIAL AND WORI~VIANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
FLASHING RED' BEACONS ON BUENA VISTA READ AT PANAMA LANE
awarded on ,between the City or Bakersfield (hereinafter referred to as "City"),
and the undersigned, which contract provides for tlne installation of
,and other facilities and under which contract
the undersigned has installed such facilities, the fo}lowing guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship
and/or materials, and we agree to repair and/or replace at our ow» cost and expense, any aid all such work, and/or
materials which may prove defective ui workmanship or materials witl~i~ 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 beilg notified it 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 wit}~i~ a reasonable
period of time, and ii 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
30
HOLD HfARMLESS 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 i~cludu~g attorneys
fees, by reason of the liability imposed by law upon the City, except i~ cases of the City's sole negligence, for
damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or
persons, or on account of damage to property arising out of or i1 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 ali costs and expenses,
including the expense of counsel, in the defense of any suit arising hereunto.
DATED Contractor's. Name
Authorized Signature E
31
I
AGREEMENT N0. _
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered 'into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, referred to herenl 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, iicorporatilg the foregoiig 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 iicluded it the scope of work or not.
The following shall be deemed to be part of this agreement as if fully set forth hereni:
1. Notice to Contractors 2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
S. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted it 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 ii this
paragraph shall be the total compensation for the services provided by CONTRACTOR, i~cludi~g all out-of
pocket costs incurred. CITY shall pay no fee other than the compensation listed ii this paragraph unless
otherwise agreed to it writilg 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 vi 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' itemized 'invoice.
32
4. WAIVER OF DEFAULT. The failure of .any party to enforce against another a provision of
this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time,
and shall not serve to vary the terms of this Agreement.
5. ATTORNEY'S FEES. In any action arising from or related to the terms of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and court costs and other nonreimbursable
litigation expenses, such as expert witness fees and investigation expenses, whether or not such action
proceeds to judgment.
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep it effect or obtaii at
all times during the term of this Agreement any licenses, permits and approvals which are legally required for
CONTRACTOR to practice its profession.
7. LITIGATION. In the event litigation is commenced i~volvilg this contract, CONTRACTOR,
at the request of the CITY, shall assist CITY ii the litigation.
8. STANDARD OF PERFORIVIANCE. All work shall be performed it conformity with all legal
requirements and industry standards observed by a competent practitioner of the profession it 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. EXHIBITS. In the event of a conflict between the terms, conditions or operations set forth
herein and those in exhibits attached hereto, the terms, conditions, or specifications set forth herenl shall prevail. All exhibits to which reference is made i~ this Agreement are deemed ilcorporated i~ this
Agreement, whether or not actually attached.
11. CONFLICT OF INTEREST. CONTRACTOR stipulates that corporately or individually,
the firm, its employees aid subconsultants have no filancial iiterest it either the success or failure of any
project which is dependent on the results of tl~e studies prepared under this Agreement.
12. TERMINATION. This Agreement may be termiiated by any party upon ten (10) days
written notice to all other parties.
13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACT4R's sole cost,
comply with all of the requirements of Municipal, State, and Federal authorities now i~ force, or which may
hereafter be in force, pertaiii~g to this Agreement, and shall faithfully observe it all activities relating to or
growing out of this Agreement all IViunicipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be it force.
14. INDEPENDENT CONTRACTOR. Tllis Agreement calls for the performance of the services
of CONTRACTOR as an ildependent 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 ildependent contractor. CONTRACTOR shall have no authority beyond that given it this Agreement to act on behalf of CITY as an agent nor to bold CITY to any
obligation not expressly authorized hereni.
15. INSURANCE. In addition to any other form ofilsurance or bond required under the terms
of this Agreement, the CONTRACTOR shall procure- and mai~tai~ for the duration of this Agreement the
following types and limits of iisurance, otherwise referred to as "basic insurance requirements":
33
a. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits of not less than
One Million Dollars ($1,000,000) per occurrence; and
b. Broad form commercial general liability insurance, providing coverage on an occurrence basis
for bodily injury, including death, of one or more persons, property damage and personal injury, with limits
of not less than One Million Dollars ($1,000,000) per occurrence; and
c. Workers' compensation insurance with statutory limits and employer's liability insurance with
limits of not less than One Million Dollars ($1,000,000) per accident.
Insurance is to be placed with ensurers with a Bests' ratting of no less than A:VII. This
requirement may be waived at the CITY'S sole discretion.
All policies required of the CONTRACTOR hereunder shall be primary insurance as respects
the CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self insurance
maintained by the CITY, its mayor, council, officers, agents, employees and volunteers shall be excess of the
CONTRACTOR's insurance and shall not contribute with it.
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
The liability policies shall provide contractual liability coverage for the terms of this Agreement.
The liability policies shall contaii an additional iisured endorsement ii 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 contail the followvig 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 contiiuilg liability thereon, notwithstanding any recovery on any policy.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by
the CITY.
All costs of insurance required under this agreement shall be included i~ 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 tine insurance required under this
Agreement. The CITY may withhold payments to CONTRACTOR if certificates of insurance,
endorsements, or copies of policies required tin this Agreement have not been provided.
Any deductibles, self ilsured retentions orvnsurance in lesser amounts, or lack of certaii 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 tine CITY, if any part of the work under this Agreement
is subcontracted, the "basic insurance requirements" set forth hereilabove shall be provided by or on behalf of all subcontractors even if the CITY has approved lesservlsurance requirements for CONTRACTOR.
~4
CONTRACTOR shall be responsible for determiniing and guaranteeing all subcontractors are insured as set
forth in this paragraph.
16. INDEMNITY. CONTRACTOR shallvndemnify, 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 iijury to or death of persons or damage to property arisng out
of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, subcontractors, or
independent contractors or companies in the performance of, or it any way arising from, the terms and
provisions of this Agreement whether or not caused it part by a party indemnified hereunder.
CONTRACTOR shall execute and return with the executed contract documents and bonds the "HOLD HARMLESS AGREEMENT," a copy of which is attached hereto.
17. EXECUTION. This Agreement is effective upon execution. It is tine product of negotiation
and therefore shall not be construed against any party.
18. NOTICES. All notices relative to this Agreement shall be given in writilg and shall be sent
by certified or registered mail and be effective upon depositing it 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. FO_ RUM. Any lawsuit pertaiiilg to any matter arising under, or growilg out of, this
contract shall be instituted in Kern County, California.
20. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted,
without prior written consent of all the parties.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit
of, and be biidung upon, tlne parties to the contract and their heirs, admilistrators, executors, personal
representatives, successors and assigns.
22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and
other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall,
upon preparation, become the property of tlne CITY.
23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records
and other written documentation pertailing to the costsvncurred in performance of this Agreement. Such
records and documentation shall be kept at CONTRACTOR's office during tlne period of this Agreement,
and after the term of this Agreement for a period of three years from the date of the fugal payment under
this Agreement, and shall be made available to CITY representatives upon request at any time during regular
business hours.
35
24. CORPORATE AUTHORITY. Eacll 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 herevl and that this Agreement is bv~dii~g upon said corporation or organization ul
accordance with its terms.
25. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
Is CONTRACTOR a corporation? Yes No
(Please check one.)
----•-----ooo----------
3G
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the
day and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
BY BY BOB PRICE
Mayor
Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
Acting City Attorney
By
ROBERT M. SHERFY Assistant City Attorney
APPROVED AS TO CONTENT:
r
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By
GREGORY J. KLINIKO
Fuiance Director
3?
[To be completed by the Contractor, if lle elects to substitute securities vi lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT ~s 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 4hereinafter referred to as the "Contract"}. When Contractor deposits the securities as a substitute for Contract -
earnings, the Escrow Agent shall notify the Owner within ten (10} days of the deposit. The. market value of
the securities at the time of the substitution shall be at least equal to the cash amount then required to be
withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall
be held in the name of ,and shall
designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent
hold securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention
for the benefit of the Owner until such time as the escrow created hereunder is terminated.
_1_ 4
3s
I
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 ali interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by
Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any .part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow
Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
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 signa#ures, are as follows.
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
-2-
39
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-
40
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California,. a municipal corporation, hereinafter designated the
"Owner," has, on DATE OF AWARD,, 19 ,awarded to jNAME 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 (IFAVE 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 specified, and in all respects according to their .true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety,
in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be
fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above .obligation in the said .amount- shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his or its. heirs, executors,
administrators, successors, or assigns shall fail to make full, complete, and .satisfactory repair and
replacements or totally protect the said -Owner from loss of damage made evident during said period of one
year from the date of acceptance of said work, and resulting from or caused by defective materials and/or
faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain
in full force and effect, However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal. remains.
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
41
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
42
MATERIAL -LABOR BOND
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
~ "Owner," has, on (DATE OF COUNCIL MEETINGS ,awarded to
(NAME OF CONTRACTOR
hereinafter designated as the "Principal," a contract for the construction of
(DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS.
WHEREAS, said Principal is required to furnish a bond in connection and with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be
done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the
extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR .
BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of 50% OF
AMOUNT AWARDED AT COUNCIL 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 LS SUCH, that if the above mentioned Principal, his
or its heirs, executors, administrators, successors, or assigns, sha11 in all things stand to and abide by,
and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said
contract and any alterations made as therein provided, on his or their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue
and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable
attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair
and replacements or totally protect the said Owner from loss of damage made evident during .said period
of one year from the date of acceptance of said work, and resulting from or caused by defective materials
and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount
shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding,
the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains,
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
43
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
(Sealy Signature for Principal Title
0
Surety
(Seal} Signature for Surety Title
(Attach notarization form for each required signature. .
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