HomeMy WebLinkAbout1996 Special Provisions Project T6K064; I:
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CITY OF BAKERSFIELD
CALIFORNIA ,
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NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT-
FOR 1
' ~FIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON
E. BRUNDAGE L~1111E AT LAKEVIEW AVENUE AND COTTOlV~00D ROAD
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BID OPENING:
March 27,1996
-TIME 11:00 AM.
PROJECT N0 T6K064
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DEPARTMENT OF PUBLIC WORKS J ~ .CITY OF BAKERSFIELD ~ . ° `
~ 1501 TRUXTUN AVENUE ~g
BAKERSFIELD, CA 93301 N~. 32~~Q
Telephone: (805) 326-3724:.
EXP.
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on March 27,1996 to be
publicly opened and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of Zero Dollars {$0.00) for each complete set. Refund
of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within
twenty-one (21) days from date of bid opening and the documents are in reasonable good condition. The City
assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It
is the bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, .which appears-herein immediate~_following the SPECIAL PROVISIONS of the project, and is made in
accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the
Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the
requirements of article 2-1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described .herein.
Substitution of securities-for moneys retained to ensure performance shall be permitted pursuant to
the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing
demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the
City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form
entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this
contract is awarded.
The work completed shall be done in accordance with the Standard 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,
California.
A sample contract is included in this bid package. Please review it carefully. This is the contract the
CONTRACTOR will be expected to execute without alteration.
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GENERAL DESCRIPTION OF WaRK
The work to be performed consists, in general, of modifying a Traffic Signal and Lighting System,
adding handicap access, partial removal and replacement of existing median nose and traffic striping.
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-DEFINITI ON S AND TERM S
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July,1992,"
as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the
Standard Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
the intent and meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in
the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business,
Transportation and Housing Agency, dated July,1992.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do
not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special
provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard
Specifications.
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SECTION 2. PROPtJSAL 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, in said City, until 11:00 o'clock A.M. on
March 27, 1996 sealed proposals for
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be
done and materials to be furnished are approximate only, being given as a basis for the comparison of bids,
and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will
correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, ,SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans
and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to
the conditions to be encountered, the character, quality, and quantities of work to be performed and materials
to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is
mutually agreed that the submission of a proposal shall be considered.primafacfe evidence that the bidder has
made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES
OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not
called for, conditional or alternative bids, incomplete bids, erasures or irregularities of .any kind. Proposals in
which the prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from
the Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is
made by an individual, his name, telephone number and post office address must be shown. If made by a .firm
or partnership, the name and post office address of each member of the firm or partnership must be shown. If
made by a corporation, the proposal must show the names of the state under the laws of which the corporation
was chartered and the names, titles, and business addresses of the president, secretary and treasurer.
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least
ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is
enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to
subcontract portions of the work in the amount of 112 of one percent of his total bid or $10,000, whichever is
greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to
the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by
making unauthorized substitutions.
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A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list
of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 4MISSIUN5 IN SPECIFICATIQNS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned
in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or
described in the drawings or specifications.
Z-1.09 WITHDRAWAL QF PROPOSALS. Any bid may be withdrawn at any time prior to
the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with
the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative.
The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that
time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING 4F PROPOSALS. Proposals will be opened and read publicly at
the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to
be present.
2-1.11. RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections. S 100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that
if the. bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within
5 .days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake
occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
An state agency may suspend, for a period of up to three years from the date of
Y conviction, any person from bidding upon, or being awarded, a public works or services
contract with the agency under this part or from being a subcontractor at any tier upon the
contract, if that person, or any partner, member, officer, director, responsible managing
officer, or responsible managing employee thereof, has been convicted by a court of
competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act
in violation of any state or f ederal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public
entity, as defined in Section 1100, including for the purposes of this article, the Regents of
the University of California or the Trustees of the California State University. A state
agency may determine the eligibility of any person to enter into a contract under this article
by requiring the person to submit a statement under penalty of perjury declaring that
neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
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2-1.12 DISQUALIFICATION 4F BIDDERS. More than one proposal from an individual,
firm, partnership, corporation, or combination thereof under the same or different names will not be
considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or.
combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is
interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be
rejected. Proposals in which the prices obviously are unbalanced may be rejected.
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SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible
bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality,
fitness and capacity of low bidder to satisfactorily perform the proposed work. s
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 CnNTRACT BLINDS. The Contractor shall furnish two good and sufficient bonds
insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of
Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (100%} of the contract price. The other
of the said bonds shall be in an amount of fifty percent (50%) of the contract price and shall guarantee
payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount .and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the
protection of the claims of laborers and material men, become insufficient, or the City has cause to believe
that such surety or sureties have become insufficient, a demand in writing maybe made of the Contractor for
such further bond or bonds or additional surety, not exceeding that originally required, as is considered ,necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made
upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or
additional surety has been furnished.
3-1.04 EXECUTIaN OF CONTRACT. The contract shall be signed by the successful bidder
and returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder
has received notice that the contract has been awarded. No proposal shall be considered binding upon the
City until the execution of the contract. All contracts shall be considered as being made and entered into in the .City of Bakersfield, California. CONTRACTOR shall not be allowed to alter or negotiate contract
language after the bid opening. Failure to execute the contract without alteration may result in the rejection of
CONTRACTOR'S bid.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not
including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause
for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of
the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be
considered in making the award. All other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose proposals they accompany.
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SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated
Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving
written notice to proceed. The Contractor shall diligently prosecute the
same to completion before the expiration of 35 working days.
Contract working days will commence from the date the Contractor begins
work or the 15th calendar day from the date of the written notice to
proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $200.00 per day for each and every
-.calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as
.included in the prices paid for the various items of work and no additional allowance will be made therefor.
The Contractor. shall furnish the Engineer with a statement from the vendor- that the order for the
electrical materials required for, this contract has been received and accepted by said vendor, and said
statement. shall be furnished within fifteen (15) calendar days from the date of the contract. Said statement shall show the date or dates the electrical materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all
components necessary for operation of the signal system are on hand. The Contractor will be granted an
extension of time and will. not be assessed with liquidated damages or the cost of engineering and inspection
for any portion of the delay in completion of the work caused by manufacturing time should approval be given
to begin prior to delivery of all signal system components. The number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of
all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the
Engineer in writing and the Engineer will order start of work in writing.
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SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract
Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the
provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance
of the work called for in this contract shall not be construed as an election by the City to proceed under s Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not
obligated to submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work
exceeding an amount of $10,000 or which, together with all other previously approved change orders for that
contract exceedstwenty-five percent (25%} of the original contract amount, must be authorized by the City
Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section S,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding
the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall
be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall
be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is
amended to read:
When the Contractor requires such .stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or
marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give
due notice to the Engineer, so that proper inspection maybe provided. Any work done in the
absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor
Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through
- any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and
that Contractor shall keep an accurate record showing the name and actual hours worked for all workers
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employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general.
prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers
employed in the construction of this project. The prevailing rate for each craft, classification or type of work is
determined by the Director of the California Department of Industrial Relations, and his schedule of
prevailing rates is on file and available for inspection in the Public Works Department. The schedule is
incorporated herein by this reference. The City shall have the right to inspect payroll records during normal
working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage
provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion
thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than
the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25} pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per week,
except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.Ob LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A{4),
"Labor Nondiscrimination," of the Standard Specifications and these special. provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
{Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment
and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions.
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5-1.07- APPRENTICES.. The Contractor's attention is directed to Article 7-1.01A(5),
"Apprentices," of the Standard Specifications.Rll Contractors and Subcontractors shall comply with the
provisions of Labor. Code Sections, 1777.5, 1777.4, and- .1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor
and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY .AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing
for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2} working days following the bid opening.
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5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in
depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection during the excavation of the trench, has been submitted by the Contractor to the City.
Engineer and the detailed plans has been approved by the City Engineer.
If such lan varies from the shoring system standards established by the Construction Safety Orders P
of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system
less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its
employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special
provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M.,
shall knot exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including
but. not limited to trucks, transit mixers or transient equipment that may or may not be owned by the
Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by
safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses,
a all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the pY
work from any and all governmental organization which require such permits, licenses or fees. The Contractor
shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to
4:30 P.M. Monda, t~ hrough, Fr_ iday. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is
required for. work beyond these limits. Any time work proceeds, which requires inspection services for more
than an eight (8) hour work day, or on holidays or weekends, the Contractor will be charged for all associated
overtime charges and said charges may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
existin and future State and National laws and all municipal ordinances and regulations of the City of g
Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the
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work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under
this contract until he has obtained all insurance required under this section and the required certificates of
insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor
shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the
City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments,
costs or expenses in law or equity that may at any time arise from or related to any work
performed by the Contractor, his agents, employees or subcontractors under the terms of this
agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the
terms of this agreement and specifications, the Contractor shall procure and maintain for the
duration of this agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits of not less than one million {$1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence. '
The liability policies shall. provide contractual liability coverage for the terms of this agreement.
The liability policies shall contain an additional insured endorsement in favor of the City, its mayor,
council, officers, agents, employees and volunteers;
Workers' compensation with statutory limits and employer's liability insurance with limits of not
less than one million {$1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of
the City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance
maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (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.
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The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance will be made for additional costs which may be required by
extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor
shall provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE.
Section 7-1.1b5, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is
deleted and shall not apply to this contract.
5-l.lb WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance
with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer
and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance
therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required
by him outside of the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council,
the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material
of proper quality, or has failed in any other respect to prosecute the work with the diligence and force
.specified
and intended in and. by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the
Engineer, within the time specified in such notice, the City Council in any such case shall have the power to
suspend the operation of the contract. Upon receiving notice. of such suspension, the Contractor shall
discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the
Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative;
may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other
machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any
excess of cost arising therefrom over and above the contract price will be charged against the Contractor and
his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or
retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the
contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be
credited with the amount of money so forfeited toward any excess of cost over and above the contract price, .arising from the suspension of the operations of the contract and the completion of the work by the City as
above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such
completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the
contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding
on all parties to the contract.
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5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority
to .suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather,
or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such
time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or
to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and
shall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-l.Ob, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not
incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any
part of any certificate for payment, to such extent as may be necessary to protect the City from loss
due to causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications
is amended to read:
The Director will make the final determination of any claims which remain in dispute after
completion of claim review. Aboard or person designated by said Director will review such claims
and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount
of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be
due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be
retained under the provisions of the contract. All prior partial estimates and payments shall be subject to
correction in the final estimate and payment. The final payment shall not be due and payable until the
expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when
applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made
15
under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no
payment shall be construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract,
and the adjustment and payment for any work done in accordance with any alterations of the same, shall
release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the
following paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Fourth paragraph of Section 24-1.11, "PAYMENT"'.
Eleventh paragraph of Section 39-8.02, "PAYMENT"'.
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and
subcontractor's well-being and their education of handling hazardous materials when hazardous materials are
encountered during this project.
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SECTION 6. -CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section b, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before delivery is started and before such material is used in the work. Representative
.preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of
all materials to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly
recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or
disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the
requirements in the Standard Specifications and these special provisions. All provisions for water pollution,
and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at
the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a
potential as a source of blowing dust o'r other pollution which is no greater than when in their original
condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority
having jurisdiction or from the appropriate pollution control boards and such permits contain requirements
which conflict with the requirements in the first and second paragraphs. of this section, the requirements of the
permits shall govern over .the conflicting requirements of this section provided the permit requirements have
been approved by the Engineer.
Full compensation for complying with the requirements. for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the
use of the sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07,
"Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
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SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into
operation. Pavement delineation shall be replaced by temporary delineation on the same day as striping is
removed. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet
apart on tangents. Reflective traffic .line tape shall be applied in accordance with the manufacturer's
instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation
for temporary delineation shall be considered as included in the prices paid for the contract items of work that
obliterated the existing delineation and no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole {max. 1" dia.} in front of each signal indication.l'he
covers shall remain in place until all signal operations have been checked and signal is ,placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal
control shall be completed and all signs shall be in place.
For accessibility purposes, all sidewalk and handicap ramp installation at and around the controller
must be completed for a minimum of two days prior to signal turn on and commencement of the Functional
Test.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway
Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that .are to be relocated and relocation operations
have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and
7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be .liable to owners of
such facilities and improvements for any damage or interference with service resulting from conducting his
operations. The exact location of underground facilities and improvements within the construction area shall
be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the
services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in
such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly
located on the plans will not be compensated for as idle time. However, additional contract time
commensurate with such delays may be allowed.
At locations where irrigation systems exist, the irrigation systems shall be protected by the
Contractor. Any damage to irrigation systems shall be repaired by the Contractor at his own expense.
Existing land subdivision monuments and stakes shall be fully protected from damage or
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displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project.
It will be the responsibility of the Contractor to provide for handling of said water and .any expense involved
shall be considered as included in the prices paid for the various items of work and no additional allowance
will be made therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be considered as included in the prices paid for the various items of work and no additional compensation
will be made therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when performing work which interfereswith or endangers the saf a movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements
set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance
of Work Upon Highways," published by the State of California, Department of Transportation. Application and
use of devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact
location and progress of the work and shall notify them immediately of any ,streets impassable for fire fighting
equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
E. BRUNDAGE LANE BOTH 8:30 - 4:30 LAKEVIEW AVENUE BOTH 8:30 - 4:30
COTTONWOOD ROAD BOTH 8:30 - 4:30
Where construction operations are actively in progress, a minimum of one traffic lane, not less than
twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in
progress not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders .and, if half-width construction methods are used, may also be permitted to use the side of the
roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of
shoulders necessary for the accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights,
flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties
shall consist of directing the movement of public traffic through or around the work. When deemed necessary by
the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished,
installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance
of any construction.
The Contractor shall report all accidents to the Engineer.
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PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for various items of work and no additional allowance will be made therefor.
7-1.04 TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by the
Engineer, replace all obliterated pavement delineation with temporary delineation during the same work period,
and in no case later than 7:30 a.m. following. such work period.
Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor
less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on curves.
Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must
be the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay.
A striping plan will be made available to the Contractor when traffic delineation is to be modified by the
City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid for
the various items of work, and no separate payment will be made therefor.
7-1.Q5 EXISTING HIGHWAY FACILITIES. The work performed in connection with various
existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard
Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's
forces prior to completion of construction. Signs removed from the project area shall be delivered to the City
Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the two preceding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be
made therefor.
7-1.06 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in
Section 1d, "Clearing and Grubbing," of the Standard Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually affected by the planned construction as
directed by the Engineer.
7-1.07 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from
originating from the site of the work as a result of his operations, or the traveling public, during the effective
period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited
to the following:
1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation.
2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions
20
beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as
set forth herein. .
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7-1.08 REMUVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes
and pavement markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the
pavement by any method that does not materially damage the surface or texture of the pavement or
surfacing. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter
the area that is open to public traffic. Sand or other material deposited on the pavement as a result
of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of
sand or other materialwhich might interfere with drainage or might constitute a hazard to traffic will
not be permitted.
Traffic stripes shall be removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths.
Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or
markings, so the old message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area
and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned
traffic stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
Full compensation for furnishing and applying fog seal coat as specified herein shall be considered as
included in the contract price paid per square foot for removal of traffic stripe and pavement marking
and no separate payment will be made therefor.
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the
width of the stripe plus 0.67-foot multiplied by the length of the stripe. The -space between double
traffic stripes will be measured as painted traffic stripe. Quantities of pavement markings removed will
be determined by the actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area
of authorized stripe removal and will be ,considered as Remove Pavement Marking for payment
purposes.
The contract unit price paid per square foot of Striping & Marking Removal shall include full
compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work
necessary for removing existing striping as shown on plan and as directed by the Engineer.
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7-1.09 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section
15, "Existing Highway Facilities," 16, "Clearing and Grubbing," 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 in accordance with the provisions in Section 7-1.13, "Disposal
of Material Outside the Highway Right of Way," of the Standard Specifications.
MEASUREMENTAND PAYMENT. Removal of concrete shall be measured and paid for as Roadway
Excavation, said payment shall include full compensation for all work necessary to remove and dispose
of concrete including but not limited to sawcutting of concrete at limits of removal area.
7-1.10 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement
markings shall be thermoplastic and shall conform to Section 84-2, "Thermoplastic Traffic Stripes and
Pavement Markings," of the Standard Specifications, and these special provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
The thermoplastic materials shall conform to State Specification 8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Striping Detail specified. Striping details are referenced in the bid items, on the plans and on the Standard Plans.
7-1.11 MODIFY RAISED MEDIAN Existing median nose shall be demolished and a new median
nose constructed where shown on the plans. The construction of a new median nose shall conform to the
provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special
provisions.
The pavement shall be patched per C.O.B. Standard S-6.
PAYMENT. Full compensation for demolishing the existing median nose, constructing a new median
and patching the pavement will be considered as included in the lump sum price for Traffic Signal and Lighting
System Modification and no additional compensation will be made theefor.
7-1.12 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside signs shall conform to City Standard T-19. Where sign posts are placed within
concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be
permitted provided that the perimeter.of the damaged area is sawcut to the limits required to form a neat .
finish as directed by the Engineer. Signs shall be installed as shown on the plans. Sign panels shall be
mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs
installedper Std. T-19 shall be locatedwithin sidewalk 6"from back. Signs mounted on signal or other poles
shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
Warnin ag_ nd Regulator~,gns sign panels shall be mounted on posts with Hawkins M2G series bolt and
vandal proff nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk
6"from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal
proof bolt and nut assembly.
MEASUREMENTAND PAYMENT. Miscellaneousroadside signs shall be paid for at the contract price each for Install Roadside Signs (GSP Post}.
Installation of one or more sign panels mounted on a single post (GSP Post) or signal pole shall be counted as
one roadside sign.
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7-1.13 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section
56, "Signs," of the Standard Specifications and these special provisions.
Non-illuminated street name signs will be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins MIOJ Series swinging sign bracket, with return spring removed, or acceptable
equal.
Other than street name signs, overhead signs installed on mast-arms or on flashing beacon mast-arm shall
be furnished and installed by the Contractor in accordance with the plans and these special provisions.
Compensation for overhead signs shall be considered included in the respective contract lump sum price or prices
for signal, flashing beacon, or combination thereof and no additional compensation willbe allowed therefor.
7-1.14 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs,
median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous
construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard
Specifications and these special provisions.
MESUREMENT AND PAYMENT. Quantities of Minor Concrete (Type B Curb and Gutter) shall be paid for at the contract price per linear
foot. Measurement of which shall be the actual lengths in the field, including breakdowns for wheelchair ramps
and driveways.
Quantities of minor concrete required for wheelchair ramp construction shall be paid for at the contract
price per square foot of Minor Concrete (Sidewalk).
The above prices and payments shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in constructing curb, sidewalks, gutter depressions,
curb ramps, complete in place, including pavement removal and tie-in per Standard S-6, concrete removal,
subgrade preparation, as shown on the plans, and as specified in the specifications and the special provisions, and
as directed by the Engineer.
7-1.1~ PAVEMENT MARKERS. Pavement Markers shall conform to Section 85, "Pavement Markers",
of -the Standard Specifications and these special provisions.
Existing pavement markers shall be removed and new markers shall be placed in accordance with the State
Traffic Manual "Markings" Section per the following details enclosed within these specifications, as they apply to
existing striping.
Detail 38
Pavement markers shall be Stimsonite Model 948 Glass Faced Pavement Marker or equal and they shall
conform to State Specifications.
Pavement markers shall be cemented to the pavement surface by hot melt bituminous adhesive.
PAYMENT. Pavement markers shall be included in contract price per lineal foot of various Striping Details, specified as bid items, and on the plans, and no additional compensation will be made there for.
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SECTIGN 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 F4UNDATIUNS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall
furnish the appropriate nuts and washers for existing foundations to be reused.
When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall be amended to read:
When foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed to
a depth of not less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be backfilled with material equivalent to the surrounding material.
7-2.02 STANDARDS, STEEL PEDESTALS AND PASTS. Standards, steel pedestals and
posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the
Standard Specifications and these special provisions.
A pull rope shall be installed in all mast arm poles with luminaires from the hand hole at the base of the
pole up through the luminaire arm to the luminaire. The pull rope .shall be nylon or polypropylene with a minimum tensile strength of 500 pounds. At least 2 feet of pull rope shall be doubled back into the
pole or arm at each termination.
7-2.03 CUNDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods except where a specific method is required on the plans. "Trenching in Pavement Method" for installation of conduit in pavement,
except in paved- medians, shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose
uncompacted material shall be removed from the bottom of the trench. prior to placement of
conduit. The trench shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a
one (1) sack .slurry cement backf ill. Slurry cement backf ill shall be placed to within 0.20 f eet of the
pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from
commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt
concrete shall be performed by any method which will produce an asphalt concrete surface of
uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be backf111ed except for the top 0.20 foot, by the end of
each work day. The top 0.20 foot shall be placed within three (3) working days after trenching.
Temporary roadmix or other acceptable temporary surf ace will be allowed on the top 0.20 f eet until such a time as the permanent asphalt surface is placed.
24
7-2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes,"
of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
Pullboxes located in the wheelchair ramp areas shall be flush to the surface.
7-2.45 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions. .
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except
between the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan
ES 13.
Splices shall be insulated by "Method B."
The optical detector cable (3-M Opticorn Model 138 or equal) shall have four conductors of AWG #20
(7X28) stranded individually tinned drain wire to provide signal integrity and transient protection. The individually tinned copper, color-coded insulation shall be as follows
a. Orange for delivery of optical detector power
b. Negative return wire for optical detector power
c. Yellow for optical detector signal #1
d. -Blue for optical detector signal #2
7-2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the
Standard Specifications and these special provisions.
Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 60 amp, 240
volt, 3 pole main breaker and the following branch circuit breakers:
No. Amps Phase Volts Branch Metered
1 50 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility.
7-2.07 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
A Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.14C "Functional Testing," of the Standard Specifications and the following paragraph:
25
Functional test period is included in the number of working days to complete the project as described in
SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of
these special provisions.
7-2.0$ SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary
equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section
86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates"and 86-4.06, "Signal
Mounting Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile
iron.
7-2.09 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section
86-4.05, "Pedestrian Signal Faces," of the Standard Specifications. and these special provisions.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and two light. sources, each consisting of luminous tubing and power supplies for the luminous tubing.
The message plate shall be 118 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
polycarbonate plastic; 3116 inch nominal thickness hammered wire-glass; or 3/16 inch nominal thickness
ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface
over the entire .projected area except where the symbols are located. The material used to mask the message , plate shall be hard and durable and shall bond such that it will not flake or peel when the message plate is in
use or is washed. The symbols shall be the only illuminated portion of the message plate.
The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module.
The module shall contain and properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency
of d0 + 1 Hz.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front Screen", of the Standard Specifications.
7-2.10 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as
shown on the plans.
An in-line fuse shall be located in the pull box.
26
7-2.11 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions
in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectrical
control.
7-2.12 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will
ry furnish the controller and cabinet assembly for the location. The central pad on the Foundation Detail in State
Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12".
Optical detectors for the Opticom System will be supplied by the City.
7-1.13. DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the
Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed
by the Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-5.01A (4), "Construction
Materials," of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be
soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped, and
soldered to the conductor.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-5.01A
(5}, "Installation Details," of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop. detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant
conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of
the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut.
Before- setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
1. An elastomeric sealant conforming to Section 86-5.01A (5} of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-5.01A (5} of the Standard
Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. -
6J2L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog
No. TY5532 or approved equal}.
Detector loops in concrete pads shall be sealed with epoxy sealant.
27
7-Z.14 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form
attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one
~1} year from the date of acceptance of the work. The guarantee, properly executed, .shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans
and these special provisions.
7-Z.15 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will be made
therefor.
28
8040.41A-15
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled, asphaltic emulsion for use in
sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This
sealant is suitable for use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the
Invitation to Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992
State of California Specification 8010-~XX-99 Inspection, Testing and Other Requirements for
Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref.
49CFR.
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce aone-component product to meet the
properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
-1-
29
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 Sdeg.F. and 50
10% relative humidity. Condition mandrel and
specimens 2 hours at 75 2deg.F. before test.
Use aluminum panels, 0.03 inches thick
(Q panel or equal}.
3.3.2 Tensile Stren th, si, $ 20 minimum
g p cast sheets 0.25 inches thick and air dry at
75 Sdeg.F, 50 +/-10% relative humidity
for minimum of 16 hours. Load rate 0.05
inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum,
Use California Test Method No. 434, Part VIII. Space with no loss
damp blocks with 0.25 inches between slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete sample, strike off the excess. Dry in 140deg.F oven. to
.constant weight and condition 1 day at 75 2deg.F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water ~ No blistering,
Use ASTM D2939, Alternative B re-emulsification or loss of
adhesion
3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum
resistance to the sideways manual motion of a paddle across the bottom of the container. It shall
form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant
shall be considered unfit for use.
30
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months
_ after acceptance and delivery. The vendor shall be responsible for all costs and transportation
charges incurred in replacing material that is unfit for use. The properties of any replacement
material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of
acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing .
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of
manufacture and application will not be permitted until the material has been approvedby the
Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall
be furnished in container size as specified in the purchase order or contract. If ordered in 5
gallon size the containers shall be new, round standard full open head with bails,. shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply
with the U.S. Department of Transportation or the Interstate Commerce Commission
regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal
Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
.v
31
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
6.0 NOTES
b.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant
must be thoroughly stirred before use and
hand poured into the slots. Due to the sand content of this material, pumping is not
recommended. Any clean up of road surf ace or tools can be done with water, before the sealant
sets.
b.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment,
devices, or processes used on or incorporated in the work, and agrees to indemnify and save
harmless the State of California, and its duly authorized representatives, from all suits at law or
action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordance with the provision of Section b-1.07 of California Department of Transportation
Standard Specifications, July 1992.
32
i
PROPOSAL
FOR TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as
principals are those named herein; that this proposal is made without collusion with any other person, firm or
corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he
will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all
the materials in accordance with the plans and specifications for the above, filed in the office of the Finance
A Director of the City of Bakersfield and as specified in the contract, in the manner and time therein
prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in
full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for
signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City
of Bakersfield.
Bidder acknowledges receipt of the following addendum:
The bidder shall clearly list any and all addenda numbers recieved for the project above and on the lower left
hand corner of the sealed bid return envelope.
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE
(in figures)
1. 375 SQFT Striping & Marking
Removal
Z. 10 EA Install Roadside Sign (GSP Post)
3. 125 LF Minor Concrete (Type B
Curb and Gutter)
SIGNED
Page 1 of 1
ITEM ESTIMATED UNIT OF ITEM UNIT EXTENSION
N0. QUANTITY MEASURE PRICE PRICE
(in Figures} (in figures)
4. 955 SQFT Minor Concrete (Sidewalk)
5. 800 SQFT Pavement Marking (White)
6. 400 LF Traffic Stripe (Detail 38)
7: 1 LS Traffic Signal and Lighting
Modification
TOTAL BID $
Company
Address
City State Zip Code
( )
Area Code Telephone Number
License No. and Expiration Date
.SIGNED
Bidder
THE REPRESENTATIONSMADE HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Page 2 of 2
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit
Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all
Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the
correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set
forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for
the item shall be used to determine the correct Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column shall
be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column shall
be divided by the estimated quantity for the item and the price thus obtained
shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting
forth the name and the location of the mill, shop or office of each subcontractor who will perform work or
labor or render service to the Contractor in or about the construction of the work or improvement in excess
of one-half of one (1%) percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000),
whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be
completed and submitted with said bid proposal.
Subcontractor's Name ~ Description of portion
and Street Address (City, State, Zip} of work subcontracted
(attach additional sheets if needed)
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
. TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD
s. State of California )
)SS:
County of )
being first duly sworn, deposes and
Name
says that he or she is of Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder
to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has.
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the. public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are true; .and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the ,contents thereof, or divulged information or data relative thereto, or -paid, and will not. pay,
any fee to any corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of ,19
To the State of California, Department of Transportation.
L NONCOLLUSION AFFIDAVIT
{Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the
bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and
not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication,
or .conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are
true; and, further, that the bidder has. not, .directly or
indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged .information or data relative thereof, or paid, and will not pay, any
fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this
Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
37
Accompanying this proposal is
NOTICE: Insert the words "cash ($............),""cashier's check," "certified check," or "bidder's bond," as the case may be),
in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the
resident, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of p
all individual copartners composing firm; if bidder or other interested person is an individual, state first and last
names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE .
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of .the
officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of
the firm. shall be set forth above to ether with the signature of the, partner or .partners authorized to sign contracts in g
behalf of the copartnership;.and if bidder is an individual, his signature shall be placed above. If signature is by an agent,
an an officer of a co oration or a member of a partnership, a Power of Attorney must be on file with the City other. th rp Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Dated 19.....
38
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS: f
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body
olitic .and corporate of the State of California, in the sum of dollars
to be paid to said City, for which payments, well and truly- to be made; we bind ourselves, our heirs,
xecutors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred
o in the NOTICE TO C4NTRA,CTORS 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 into and execute a contract, to
onstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ays (not including Sunday) from the date of a notice to the above bounden principal, that said contract is heady for
xecution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and
eals this day of ,19
(Seal
(Seal
(Seal
Page 1 of 2
39
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this- day of ,19_, before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto as surety,-.and his own name as Attorney in Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public in and for said County and State
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
_ TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD ,
awarded on ,between the City of Bakersfield (hereinafter referred to as the City}, and the
undersigned, which contract provides for the installation of li_ hung and/or traffic signal system ,and
under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or
should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of
installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above
causes, all within (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in
said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any
such equipment and repair said systems completely without cost to the City, so that they will operate successfully as
originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such
replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that. the repairs shall commence to be made
and such materials as are necessary shall commence to be furnished and installed within- Twenty-Four (24} hours of
the date specified in the City's written notification. Contractor shall prosecute with due diligence to .complete the
work within a reasonable period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications
included in said contract.
Date Contracfor's Signature
Firm
Address
41
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works 1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT LAKEVIEW AVENUE AND COTTONWOOD ROAD ,awarded on ,
between the City or Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for the
installation ,and other facilities and under which
contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free, from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials
which may prove defective in workmanship or materials within a period of one (1) year from the date of acceptance of
the above named construction project, ordinarywear 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.
Withintwenty-four (24) hours after being notified in writing by the City or .the City's representative,or the agent of either
of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the
event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's
representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and
pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them.
DATE Contractor's Name
Authorized Signature
42
SAMPLE S A M P L E
AGREEMENT N0.
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on
by and between the CITY OF BAKERSFIELD, a municipal
co oration, referred to herein as "CITY" and , a (Cali ornia
~ Co oration Hawaii Co oration Delaware Co oration Individual etc. referred to herein as
"CONTRACTOR."
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced
and well qualified in the field of construction; and
WHEREAS, CITY desires to employ CONTRACTOR to
as set forth herein.
NOW THEREFORE inco oratin the foregoing recitals herein, CITY ~ g
and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as:
The sco e of work shall include all items and p
rocedures necessa to ro erl com lete the task CONTRACTOR has been hired to p P P y p
perform, whether specifically included in the scope of .work or not..
The followin shall be deemed to be art of this agreement as if fully g p
set. forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this contract
whether actually inserted or not.
9. Hold Harmless Agreement
43
M
10. Current State of California DAS 140 Form
(if required by Specifications}
2. COMPENSATION. CONTRACTOR shall be paid for services
performed under this Agreement as follows:
. The compensation set forth in this paragraph shall
be the total compensation for the services provided by CONTRACTOR, including all out-of-
pocket costs incurred. CITY shall pay no fee other than the compensation listed in this
paragraph unless otherwise agreed to in writing by the CITY.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for
services rendered after receipt of an itemized invoice for the work completed and approved
by City in accordance with the terms of this Agreement. Pa ent b Ci to CONTRACTOR Ym Y tY
shall be made within thirty (30} days after receipt and approval by City of CONTRACTOR
's itemized invoice.
4. WAIVER OF DEFAULT. The failure of any party to enforce
against another a provision of this Agreement shall not constitute a waiver of that party's right
to enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
5. LICENSES. CONTRACTOR shall, at its sole cost and expense,
keep in effect or obtain at all times during the term of this Agreement any licenses, permits
and approvals which are legally required for CONTRACTOR to practice its profession.
6. STANDARD OF PERFORMANCE. All work shall be performed
in conformity with all legal requirements and industry standards observed b a com etent Y p
practitioner of the profession in California.
7. MERGER AND MODIFICATION. This contract sets forth the
entire Agreement between the parties and supersedes all other oral or written representations.
This contract maybe modified only in a writing approved by the City Council and signed by
all the parties.
8. EXHIBITS. In the event of a conflict between the terms,
conditions or specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits
to which reference is made in this Agreement are deemed incorporated in this A reement, g
whether or not actually attached.
9. TERMINATION. This Agreement may be terminated by any
party upon ten (10) days written notice, served by mail or personal service, to all other parties.
10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 44
Federal authorities now in force, or which may hereafter be in force,, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing out of this
Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now
in force or which may hereafter be in force.
11. INDEPENDENT CONTRACTOR. This Agreement calls for the
performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the City for any purpose and is not entitled
- to any of the benefits provided by City to its employees. This Agreement shall not. be
construed as forming a partnership or any other association with CONTRACTOR other than
that of an independent contractor.
12. INSURANCE. In addition to any other insurance or bond
required under by this Agreement, the CONTRACTOR shall procure and maintain for the
duration of this Agreement the following types and limits of insurance ("basic insurance
requirements" herein}:
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 the policy shall:
1} Provide coverage for owned, non-owned and hired autos.
2) Provide contractual liability coverage for the terms of this
Agreement.
b. Broad form commercial general liabil , 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 the olic shall: ( ) p Y
1} Provide contractual liability coverage for the terms of this
Agreement.
2) Contain an additional insured endorsement in favor of
the City, its mayor, council, officers, agents, employees
and volunteers.
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; and the policy shall
contain a waiver of subrogation endorsement in favor of the
City, its mayor, council, officers, agents, employees and
volunteers.
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 45
All policies required of the CONTRACTOR shall be primary insurance as to the City, its
mayor, council, officers, agents, employees, or 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.
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any
deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of
insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must
r be declared prior to execution of this Agreement and approved by the City in writing.
All policies shall contain an endorsement providing the City with thirty (30) days written
notice of cancellation or material change in policy language or terms. All policies shall
provide that there shall be continuing liability thereon, notwithstanding any recovery on any
policy.
The insurance required hereunder shall be maintained until all work required to be erformed p
by this Agreement is satisfactorily completed as evidenced by written acceptance by the City.
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and
required endorsements evidencing the insurance required. The City may withhold payments
hereunder if certificates of insurance and endorsements required have not been provided.
Unless otherwise approved by the City, if any part of the work under this Agreement is
.subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on
behalf of, all subcontractors even if the City has approved lesser insurance requirements for
CONTRACTOR.
13. INDEMNITY. CONTRACTOR shall indemnify, defend, and
hold harmless City, its officers, agents and em to ees a ainst an and all liabili claims p Y g Y tY~ ,
actions, causes of action or demands whatsoever against them, or any of them, before
administrative or judicial tribunals of any kind whatsoever, arisin out of, connected with, or g
caused by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors
or companies in the performance of, or in any way arisin from, the terms and rovisions of g p
this Agreement whether or not caused in part by a party indemnified hereunder.
14. EXECUTION. This Agreement is effective upon execution. It
is the product of negotiation and therefore shall not be construed against an ar . Y p tY
15. NOTICES. All notices relative to this Agreement shall be given
in writing and shall be personally served, or sent b certified or re istered mail and be Y g
effective upon actual personal service or depositing in the United States mail. The parties
shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
.Annex Building, 2nd Floor
1501 Truxtun Avenue
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 4~
Bakersfield, CA 93301
(805) 326-3724
CONTRACTOR:
16. FORUM. Any lawsuit pertaining to any matter arising under, or
growing out of, this contract shall be instituted in Kern County, California.
17. ASSIGNMENT. This contract shall not be assigned by any party,
or any party substituted, without prior written consent of all the parties.
18. BINDING EFFECT. The rights and obligations of this
Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and
their .heirs, administrators, executors, personal representatives, successors and assigns.
19. ACCOUNTING RECORDS. CONTRACTOR shall maintain
accurate accounting records and other written documentation pertaining to all costs incurred
in erformance of this Agreement. Such records and documentation shall be kept at
p CONTRACTOR's office during the term of this Agreement, and for a period of three years
from the date of the final payment hereunder, and said records shall be made available to City
representatives upon request at any time during regular business hours.
20. CORPORATE AUTHORITY. -Each individual executing this
A reement re resents and warrants they are duly authorized to execute and deliver this
g p . Agreement on behalf of the corporation or organization, if any, named herein and this
Agreement is binding upon said corporation or organization in accordance with its terms.
21. TAX NUMBERS.
"CONTRACTOR'S" Federal Tax ID Number
Is CONTRACTOR a corporation? Yes No
(Please check one.)
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
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS FORMAL BIDDING PROCEDURES. 47
Please Print or Type Name & Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN City Attorney
By
ALAN DALE DANIEL
Assistant City Attorney
APPROVED AS TO CONTENT: COUNTERSIGNED:
By By
RAUL M. ROJAS GREGORY J. KLIMK4
Public Works Director Finance Director
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 48
HOLD HARMLESS AGREEMENT .
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and
hold harmless the City of Bakersfield, its agents, employees or any other persons against loss
or expense including attorneys fees, by reason of the liability imposed by law upon the City,
except in cases of the City's sole negligence, for damage because of bodily injury, including
death at any time resulting therefrom, sustained by any person or persons, or on account of
damage to property arising out of or in consequence of
(Agreement
name}
IT IS :FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the
option of the City}, defend the City of Bakersfield with appropriate counsel and shall further
bear all costs and expenses, including the expense of counsel, in the defense of any suit arising
hereunto.
DATED
Contractor's Name
Authorized Signature
49
[To be completed by the Contractor, if he elects to substitute securities in lieu of retentionJ.
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the .consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section .22200 of the Public Contract Code of the State of California, Contractor has the option
to deposit securities with Escrow. Agent as a substitute for .retention earnings required to be withheld by Owner
pursuant to the Construction Contract entered- into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as the
"Contract"}. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall
notify the Owner within ten X10} days of the deposit, The market value of the securities at the time of the substitution
shall be at least equal to the .cash amount then required to be withheld as retention under the terms of the Contract
between the Owner and Contractor. Securities shall be held in the name of
and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld
from progress payments pursuant to the Contract :provisions, provided that the Escrow Agent hold securities in the
form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit
of the Owner until such time as the escrow created hereunder is terminated.
-1
50
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering
the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
✓ 5. The interest earned on the securities or the money market accounts held. in escrow and all interest earned on
that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents
to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven
(7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the Owner.
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.
The names of the persons who are authorized to give written notice or receive written notice on behalf of the
~~Owner and on behalf of Contractor in connection with .the foregoing,. and exemplars of their respective signatures,
are as follows:
0n behalf of Owner: On behalf Contractor:
Title Title
Name Name
Signature Signature
Address Address
-2-
51
0n 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-
52
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner,"
has, on DATE OF AWARD),19 ,awarded to NAME OF CONTRACTOR) , a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract
for the TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON E, BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD; 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 CLEAVE BLANK FOR
.BONDING COMPANY), as Surety, are held and firmly bound unto the Owner in the sum of X100% 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
:Nand faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as
theerein .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 anal void; otherwise it shall be and
remain- in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the
Owner such reasonable-.attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation
in the said amount shall hold .good for a period of one ~1 }year after the completion and acceptance of the said work,
during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns
shall fail to make full, complete, and satisfactory repair and .replacements or totally protect the said owner from loss
of damage made evident during said. period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation
in the said amount shall. remain in full force and .effect. However, anything in this paragraph to the contrary
notwithstanding, the obligation of the Surety hereunder -shall continue so long as any obligation of the Principal
remains.
Page 1 of 2
53
MATERIAL -LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on DATE OF COUNCIL MEETING) ,awarded to
NAME OF CONTRACTOR}
hereinafter designated as the "Principal," a contract for the construction of
TRAFFIC SIGNAL AND LIGHTING~SYSTEM MODIFICATION ON E. BRUNDAGE LANE AT
LAKEVIEW AVENUE AND COTTONWOOD ROAD.
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 CLEAVE BLANK FOR
BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of 50%
01= AMOUNT AWARDED AT COUNCIL MEETING} dollars .lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our .heirs,
executors, administrators, and successors, jointly and severally, firmly by these
presents.
-THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal,
his orits 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.
55
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 rovisions of Sections
p 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 amounts ecified therefor
there shall p ~ ' be included costs and reasonable expenses and fees, including reasonable attorney s fees,
incurred by the Owner in successfully enforcing such obligation, all to be .taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of ,19_, the name and corporate seal of each
corporate party being. hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its .governing body,
Principal
Seal} Signature for Principal Title
Surety
(Seal} _ Signature for Surety Title
(Attach. notarization form for each required signature.}
Page 2 of 2
Sb
This form should be sent to the Joint Apprenticeship Committee of the craft or trade in the area of the site of the public work. If
you have any questions as to the address of the appropriate PUBLIC 1NORKS
Joint Apprenticeship Committee, contact the nearest office of CONTRACT AWARD
the Dlvlslon of Apprenaceshlp .Standards (DAS). Consult your INFOR MATI~N telephone directory under California, State of, Industrial
Relations, for the DAS office in your area.
NAME OF CONTRACTOR CONTRACTOR'S STATE LICENSE N0.
CONTRACTOR'S MAILING ADDRESS--NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE N0.
NAME & LOCATION OF PUBLIC WORKS PROJECT DATE OF CONTRACT AWARD
DATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
APPRENTICES
OCCUPATION OF APPRENTICE NUMBER TO BE EMPLOYED APPROXIMATE DATES TO BE EMPLOYED
Check One Of The Boxes Be.I ow:
BoX ~ i i We request dispatch of apprentices} for this job. We voluntarily choose to comply with the applicable Joint
Apprenticeship Committee Standards for the duration of this job only, in training. the apprentices(s). We assume no other obligations to the committee or unions under State or Federal laws.
Box 2 i ~ We request dispatch of apprentices} for this job.. We do not wish to follow. the applicable Joint
Apprenticeship Committee Standards in training the apprentices; instead, we agree to employ and train
apprentices} in accordance with the California Apprenticeship Council regulations governing employment of
apprentices on public work. projects. We assume no other obligations to the committee or unions under
State or Federal laws.
Box 3 i i We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards.
Box 4 ~ i We do not request the dispatch of apprentices} since apprentices are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signal~ure
Typed Name
Title Date
State of California Department of Industrial Relations
DAS 140 (New 1190} DIVISION OF APPRENTICESHIP STANDARDS
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