HomeMy WebLinkAbout1996 Special Provisions Project T7K007, . ,
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CITY OF BAKERSFIELD
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NOTICE TO CONTRACTORS
SPECIAL PROMSLONS
. ~ .BID PROPOSAL AND CONTRACT
FOR
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'STRTPING`ADDITIONAL LANES SON
HARitIS ROAD FROM ASHE ROAD TO STII~TE ROAD
BID OPENING: ~ ,
~ ~ DATE November 22, 19;96
. . `TIME 11:00_ A.M,
. PROJECT N0 . T7 K0.0~7
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DEPARTMENT OF PUBLIC WORKS. ~ ~ . . ~ ~ 2 .
CITY OF BAKERSFIELD - ~ 2300 ~ 1501 TRUXTUN AVENUE ~ Na.3 ~
BAKERSFIELD, ~CA` 9 3 3 01 ~ . .
EXP..... Telephone: (:805 ~ 3`26=37.24 :fir
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CITY OF BAKERSFIELD ~
. ~ ~ ~ DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing. Officer, City. Ha11,1501 Truxtun.Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on November 22
199b to be publicly opened and read immediately thereafter in the City Council Chamber,, for the following
work: ~ .
STRIPING ADDITIONAL LANES ON HARRIS. ROAD FROM ASHE ROAD TO STINE :ROAD
Puns 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 wild 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 bidde.r's responsibility, to meet the deadline staged above.
. ~ No bid will be considered unless it is~made on a proposal form furnished by the Purchasing Officer,
which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made .in
accordance ,with the provisions. set forth under Section 2, "Proposal Requirements and Conditions" of the
Standard Specifications. Each bid. must be accompanied by a proposal guarantee in accordance with the
requirements of article 2-1.,07.. of the `said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or allbids. Bids are required on the entire work descried 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 Z of the California Labor Code {Section 1720 et seq.) the Contractor
~shall~ not pay less than the prevailing rate of wages to workers on this project as determined by the Director of
California Department. of Industrial Relations. The Director's schedule of prevailing rates is on file and open
for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield,
Calif ornia~.
. ~ : A sample contract,, is :included in this bid package. Please review it carefully, this is the contract the
r CONTRACTOR will be expected to execute without alteration. If any changes are desired they must be
submitted to the City for approval. If approved, the changes will be issued to all prospective contractors.
CONTRACTOR shall not be allowed to alter or negotiate contract language after the acceptance of
CONTRACTOR'S proposal. Failure to execute the contract without alteration may result in the rejection of the CONTRACTOR'S proposal and the retaining of a different contractor by the City.
GENERAL. DESCRIPTION OF WORK
The work to be performed consists, in general, of painting additional lane striping on the roadway.
CITY OF BAKERSFIELD .
RAUL M. ROJAS
Public Works Director
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. CITY OF BAKERSFIELD, CALIFORNIA ~ .
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.O1 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July,1~992,"
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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SEC.TiON Z. ~ ~ .
PROPOSAL REQUIREMENTS
2-1.0.1 GENERAL INFORMATION. T'he Purchasing Officer of the City of Bakersfield, California,
will receive at her office, City Hall, .1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on . November 22,1996 sealed proposals for:
STRIPING ADDITIONAL LANES ON HARRIS ROAD FROM ASHE ROAD TO STINE 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.
Z=1.03 ~ .EX~M1fNATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and
contract forms., ~It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character., quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that
the submission of a proposal shall be considered prima facie evidence that the bidder has made such
examination.
2-.1:04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form; additions not called for,.
conditional or alternative .bids,. incomplete bids, erasures or irregularities of any kind. Proposals in which the . prices obviously are unbalanced may ~be rejected.
. ~ The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasing Officer, the- form of which appears herein immediately following these special provisions. All proposals must give theJ 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 therev~~ith.
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 far a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized,
substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
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, ~ $idders are cautioned that this listing requirement is in addition to the requirement to provide a lest
of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. .
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned
in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect. as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are ~ .
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily fiirnished or performed, shall not relieve the Contractor of his responsibility for furnishing such : .
.omitted. materials. or' performing such omitted work; but shall be furnished or performed as if fully shown or
described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time
fixed ~in the public notice for the opening of bids by request for the withdrawal of the bid filed with the .
Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The : .
withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are . ~ ~ .
opened exactly at the. time fixed in the public notice for opening bids, a bid will not be received after that .time,. . nor may any bid ~be withdrawn after the time fixed in the public notice for the opening of bids.
2-x.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the
time and place :indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be
present..
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code . Sections -5100 to 5.107, .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 Contrast Code Section 10285.1 (Chapter 37b, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a public works or services
Contract .with the agency under this part or from being a subcontractor at any tier upon .
the, contract, if that person, or any partner, member, officer, director, responsible ~ ~ - .
managing officer, or responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or
any other act in violation of any state or federal antitrust law in connection with the - ~ . bidding upon, award of, or performance of, any public works contract, as defined in
Section-1101, with any public entity, as defined in Section 1100, including for the
purposes of this article, the Regents of the University of California or the Trustees of
the California .State University. A state agency rr~ay determine the eligibility of any
person to. enter into a contract under this article by requiring the person to submit a ~ ,
statement under penalty of perjury declaring. that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses
.referred to in .this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal. . ~ .
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered. . ~ .
Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is . interested in more than one proposal for the work contemplated may cause the rejection of all proposals in ~ . .
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. ,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
..pricesobviously are unbalanced may be rejected.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL: The award of the contract, if it be awarded, will be to the lowest responsible
. bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality,
fitness. and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be . awarded, will be made within forty-five .(45) days after the opening of the proposals unless extension is
approved by the lowest responsible bidder.
3-1.03 CONTRACT. BONDS. The .Contractor shall furnish two good and sufficient-bonds insured by
an admitted surety insurer as set forth inTitle XIV, Chapter Z, Article. 6 of the California Code of Civil
Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent {100%} of the contract price. The other of the said bonds shall be in an amount of fifty percent (50%) of the contract price and shall guarantee payment
to laborers, mechanics and material workers employed on the job under the contract and shall be in the
amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the
protection of the claims of .laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such
further bond .or bonds or additional surety, not exceeding that originally required, as is considered necessary,
considering the extent of ,the work remaining to be done. Thereafter no payment shall. be made upon such
contract to ~ the Contractor or any assignee of the Contractor until such further bond or bonds or additional
surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with, the contract bonds within ten (10} days, not including Sundays, after the bidder has
received notice that the contract has been awarded. No proposal shall be considered binding upon :the
City until the execution of the .contract. All contracts shall be considered as being made and entered into in the
City, of Bakersfield, California. Contractor. shall not be allowed to alter or negotiate contract language after 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 0F. BIDDER'S GUARANTEES. Within ten {10} days after the award of the
contract, the City of Bakersfield w~l 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.
J 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 10 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.
SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act;' and
9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions
of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work
called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of
the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to
submit the matter to arbitration in any form (although they may do so upon written agreement).
- 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an
amount of $10,000 or which, together with all other previously approved change orders for that contract
exceeds twenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
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~ $~-.1.03 .:CQNTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL 0~ WGRK," 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 ~rariation 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 e.
requirements in writing a reasonable length of time in advance of starting operations that require
suchstakes or marks. In no event; shall a notice of less than 24 hours be considered a reasonable
length of time..
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
. Whenever the Contractor varies the period during which work is carried on each day, he shall give
due. notice to the Engineer, so that proper inspection may be provided. Any work done in the .
. ~ absence. of :the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
{commencing with Section 1720), Contractor agrees that: in performing said work, by himself or through any
subcontractor, eight hours'.labor ahall be a day's work and forty hours' labor shall be a week's work, and that
Contractor shall keep an accurate -.record showing .the name and actual hours worked for all workers employed
in said work, and: that said record shall be kept open at all reasonable hours for inspection pursuant to Section
1812 of the Labor Code. The Contractor and all. Subcontractors shall pay not less than the general prevailing rate of .per diem wages and the general prevailing rate for holiday ,and ,overtime to all workers employed in the
construction of this project. The prevailing rate for each craft, classification or type of work is determined by
the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file
and available for inspection in the Public Works Department. The schedule is incorporated herein by this
. reference.. The City shall have the right to inspect payroll records during normal working hours and shall have
the right to 'question workers at any time concerning the wages being paid. Contractor shall not interfere in and
way with the City's right to investigate conformance with the wage provisions of this contract.
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. ~ ~ ~ Contractor .shall, forfeit to the City for each worker employed for each calendar day or portion
thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid. less
than the amount to which he is entitled under said general prevailing rate. of wages; and .
y b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per week,
except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of
. the Standard Specifications is deleted and shall not apply to this contract.
5=1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor
Nondiscrimination;' of the Standard Specifications and these special provisions.
.Attention is also directed to the requirements of the California Fair. Employment and Housing
Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment
and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment .opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5),
` "Apprentices," of the StandardSpecifications. All Contractors and Subcontractors shall comply with the
.provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, .the Contractor
and all Subcontractors shall submit one of the following: ~ .
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
. EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS:' This request shall be
. submitted to the local Department of Industrial Relations, Division of Apprenticeship
Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
Industrial Relations, Division of Apprenticeship Standards.
- 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee
.providing for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (Z) working days following the bid opening.
5=1.08 TRENCH SAFETY. -The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches 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.
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If such plan varies from the shoring system standards established by the Construction Safety
Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural. ~ .
Engineer. .
. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective
system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of
its employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in
Section 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M.;
shall not exceed .86 dbA at a distance of 50 feet. This requirement in noway relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job,
including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the
Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by .
safety .laws for the protection of personnel. .
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional compensation will be allowed .therefor. . , .
~5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay
all charges and fees, and give all notices necessary ,and incidental to the due and lawful prosecution of the work
from any and all governmental organization which require such permits, licenses or fees. The Contractor shall
procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to
4:30 P.M. Mondays t~ h Friday. Any deviations must be requested and in writuig and directed to the .
Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is
required for work beyond these limits. Any time work proceeds, which requires inspection services for more
than an eight (8) hour work day, or on holidays or weekends, -the Contractor will be charged for all associated, .
overtime charges and said charges may be withheld from contract retention.
5-1.12 LAW5 TO BE OBSERVED. The Contractor shall keep himself fully informed of~ all
existing and future State and National laws and all municipal ordinances and regulations of the City of ~ .
Bakersfield which in any manner affect those engaged ar employed in-the work, or the materials used in the
work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
5.1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this
contract until he has obtained all insurance required under this section and the required .certificates of
insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor
shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of ~ .
insurance have been filed and approved by the City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
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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 lunits 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.
Ali; 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 contrn~ute with it.
ill 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.
. ~ 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.
12 .
5-1.15 : DAMAGE BY STORM, FI1O0D, TIDAL WAVE.OR EARTHQUAKE. Section 7-1.165,
. "Damage by :Storm, Flood, Tidal Wave:, or Earthquake;' of the Standard Specifications is deleted and shall not ,
apply tothis contract.
5-1.16_., W~RK.IN CITY STREETS: All of the work shown on the plans and included in these specifications that is located in the. public streets ul 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 alI 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 0~ 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 :o:f 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 anyother 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 ~eontrol 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 ofthis 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 towarrant the suspension or annulment thereof, the decision of the City Council shall be binding, on . ~ all .parties to the contract:
~-1119 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the-work wholly or in part, forauch.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. . . : hall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1:06, "Partial Payments;' and 9-1:.07;
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made .for any materials on hand which are furnished but not
incorporated ~ in the work.
13
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article
9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or
. any part of any certificate for payment, to such extent as may be necessary to protect -the City
from loss due to causes including but-not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e.~ Damages. to. another Contractor; and
f. Breach of any terms of this contract.
when any and all such causes are, removed, certificates shall be issued for amount withheld.
The ,.fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard
Specifications is amended to read:
The Director wdl make the final determination of any claims which remain in dispute after . completion of claim review. Aboard or person designated by said Director will review such
claims and make written recommendation thereon.
. The City Engineer shall, after the completion of the contract, make a final estimate of the
amount of work done thereunder, and the value of, such work, and the City shall pay the entire sum so found to
be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be
retained. under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall .not be due and payable until the
expiration of thirty {30) days from the date the "NOTICE OF COMPLETION" is recorded at the County
Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when
applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments ~ ~ .
made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no
payment shall be construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract,..
and the adjustment and payment for any work done in accordance with any alterations of the same, shall
release the City, the City Council, and the Engineer from any and all claims or liability on account of work
performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the
following paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.11, "PAYMENT".
Tenth paragraph of Section 39-8.02, "PAYMENT". .
14
5.1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers
.and subcontractor's well=being and their education of handling hazardous materials when hazardous materials
.are encountered during this project.
SECTION b. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section b, "Control of .
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the .character and quality prescribed shall be submitted by the contractor or producer of all materials
to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly
recognized standards of national organizations, and such special methods and tests as are prescribed in the
specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal
sites used by the Contractor to produce or dispose of material for this project shall comply with the
requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and
,sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized. by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at
the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a
potential as a ~ source of blowing dust or other pollution which is no greater than when in their original
condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the ,
authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the
requirements of the permits shall govern aver the conflicting requirements of this section provided the permit
requirements have been approved by the Engineer.
Full compensation. for complying with the requirements for borrow, disposal and material sites in
this section shall be considered as included in the contract prices paid for the items of work which require the
use of the sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
15
.SECTION 7. CONSTRUCTION DETAILS.:
. SECTION 7-1 GENERAL
~ 7-.1.01 ORDER:OF WORK. Order of .work shall. conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
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 ~n place within, the construction. area or that. are to be relocated and relocation operations have not. been com ~ leted.- ~Tn ~ accordance with the provisions of Article ~7-1.11,"Preservation of Property," .and
~ 'p ~ " ~ S ecifications the Contractor will be liable to owners of 7-1.12, Responsibility for Damage, of the Standard p ,
.such facilities and, im rovernents for any .damage or interference with service resulting, from. conducting his . P
o erations. The exact loeation`of underground facilities and improvements within the construction. area shall be P
ascertained b the Contractor before using equipment ,that may damage such. facilities, or interfere with the Y
services: Other forces may be ,engaged in moving or. removing utility facilities. or other improvements or
maintainin services or utilities. The Contractor shall cooperate with such forces and conduct his operations in .g such a manner as to avoid any unnecessary delay or hindrance to the work being. performed by other such .
forces..
~An Bela to the Contractor due to utility relocation whether. or not the utility is shown or y Y
. correctl located on the fans will not be compensated for as idle time. However, additional contract time Y P
commensurate with such delays may ~be allowed.
. Prior to commencement of any phase of construction involving landscaping or irrigation systems,
the Contractor shall contact the City Parks, Division at 326-3117 for the purpose of ascertaining the locations
and current o erational status of all landscape. irrigation wiring, mainlines, laterals and other facilities. P
Due care shall be taken to minimize damage to existing irrigation. systmes and plant materials.
The Contractor shall be res onsible for repairing and reconnecting severed or damaged lines and/or wiring and p replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations
~ due to damage by the .Contractor, ,the Contractor shall be responsible for maintaining the health of plant
material in .the area. for the duration of .irrigation interruption.
Fxistin land subdivision monuments and stakes shall be fully protected from damage or . g
dis lacement and they shall not be disturbed unless directed by the Engineer. ~ ~ ~ ~ p
Attention is directed to the fact that nuisance water may be present at all times along the project.
it will be the . res onsibility of the Contractor to provide for handling of said water and any expense involved p
shall be considered as included in the prices paid for the various items of work and no additional allowance will
be made therefor. .
Exce t in the case of extra work, full com ensation for conforming to the requirements of this article: p p
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 warnin and safet devices when performing work which interferes with or endangers the safe movement g Y
of traffis on any street or highway.
Si s li hts fla s and other warning. and safety. devices and their use shall conform to the . g ~ g
16
requirements set forth, in the current "Manual of .Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of WorkUpon 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 orily.between the hours .
. indicated: below, Monday through Friday, except legal holidays. .
Street Direction. of Travel Hours ~ .
HARRIS ROAD. ~ ~ BOTH ~ 8:30 ~ - 4:30
Where ~ construction operations are actively in progress, a minimum of one traffic lane shall be open for use by public traffic. Where construction operations are not actively in progress not less than two 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. ~ ~ .
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 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 Waste Water Plant # 2 at Mount Vernon Avenue, south of Hwy 58.
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
17 ~
. ,therefor.
7-1.05 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement markings shall be
thermoplastic and shall conform to Section 84-2, "'Thermoplastic Traffic Stripes and Pavement Markings," of the
Standard Specifications, and these special provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
The thermoplastic materials shall conform to State Specification 8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Striping Detail specified. Striping
Details. are referenced in the bid items, the plans and the Standard Plans. .
7.1.06 PAYMENT. Payment for traffic striping shall conform to the provisions in Section 86-8, "Payment",~of the
Standard Specifications and these special provisions.
18
PROPOSAL
FOR
STRIPING ADDITIONAL LANES ON HARRIS ROAD FROM ASHE ROAD TO STINE 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 farm of contract hereto annexed, to provide all necessary
machinery, tools, apparatus and other means of construction and to do all the work and furnish all
.the materials in accordance with the plans and specifications for the above, filed in the office of the
. Finance Director of the City of Bakersfield-and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that
he will take in full payment therefor .the unit prices or lump sums set forth in the following schedule:
The.undersigned further agrees that in case of ,default in executing the required contract, with
- necessary bonds, within ten {10) days, not including Sunday, after having received notice that the
contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall
become the property of the City of Bakersfield. ~ ~ .
Item .ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY- MEASURE PRICE (in figures) (in figures)
1.~ ~ 9700 LF Detail 9
2. ~ ~ . 426 SQFT Pavement Markings
3 45 Each Install -Sign on galvanized steel post
Bidder acknowledges receipt of the following addendum:
dearly list any and all addenda numbers received on this project, above and on the lower left hand
corner of the., sealed bid return envelope.
SIGNED TOTAL BID $
. Bidder
Company
THE REPRESENTATIONS
Address MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
P.O. Box
City State Zip Code
~ )
Area Code Telephone Number Page 1 of 1
License No. and Expiration Date .
19 .
, The Extension Price .has been calchlated 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 cane of any discrepancy between the Unit Prices}and the respective Extension Prices} and/or the
Bid Total, the Unit Price(s) shall prevail,an~ 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)
20
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
' ~ AND SUBMITTED WITH BID
STRIPING ADDITIONAL LANES ON HARRIS ROAD FROM ASHE ROAD TO STINE ROAD
State of California )
)SS:
County of )
,being first duly sworn, deposes and Name.
says that he or she is of
Title
Company
the. party making:the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed ~
person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put~in a sham bid, or that anyone shall refrain from bidding; that. the bidder has not in any manner, directly
or indirectly, .sought by agreement, communication, or conference with anyone to fix .the bid price of the bidder
or any other bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, .
or to secure any advantage against the public body awarding the contract 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 ~ ~ .
21
To the State of California;.Department of Transportation.
NONCOLLUSION AFFIDAVIT
. (Title 23 United States Code Section 112 and
Public Contract Code Section 710b)
In accordance with Title 23 United States. Code Section 112
and Public Contract Code 710b 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; arid, .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
Noncvllusion Affidavit.
.Bidders are cautioned that making a false certification may subject the certifier .
to criminal prosecution.
22
Accompanying this proposal is :
fl fl fl f fl ff fl f f fl (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:.
IlVII'ORTANT NOTICE • ~ • , If bidder or their interested person:. is a corporation, state legal name of corporation, also names of the ,president,
secretary;, treasurer.; and manager thereof;: if a copartnership, state true name of firm,, also .names of -all individual
• copartners composing firm; if bidder or other interested person is an individual, state first and last~names in full.
' •..111111111/Y1111.111.11111111111111111111111111111111/1....~..►A111111111111111111111'111111111111111111111111//1111111111 ~...../11111111111111111111111111111111111111111111111.11111 /x.11111111111111111//11111111►.
►...111111:1111111~...~.►: i~111111111.1111 v11~►.►.....~:........M11111111111 ~.....►►...11111111111s1111111111111111111R111111111111111111111111111111111x11111111111,1111111111111111111~11111111~1111111111111'1 ~ . . ..►►►.11111111111/1111111111111111111111.111111111111'1111111111111111111111111111111/11111111111111111111111111....1111111111111111....►►.......►►► ...............111....►.......►.......►..11111111111111111111111111
Licensed in accordance with an act providing for the .registration of
'Contractor's License No.: . ,
I N
HERE .
: Signature of Bidder .
• .NOTE:-If :bidder . is a :corporation, the legal name . of the corporation shall be set forth above together with the si ature 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 aogether -with the signature of the partner or partners authorized to sign contracts in behalf
of the copartnership; and if bidder is an .individual, his signature shall be placed above: If signature is by.an agent, other than
an officer of a corporation or a-member of a partnership; a Power of Attorney must be on file with the City Clerk of the City
of $akersfield -prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and` unauthor~zedl
• $usiness .Address •
Telephone - No.
.;1:......:...~ ..................:...:...................:....1............::.:...............................................1.:1...........................:.............../........................... . 1
Place of Residence
/...................111111111111111•...............:....Y..........
Dated 19......:.... • ~ .
2~
BIDDER'S BOND TO ACCOMPANY PROPOSAL
{Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield; a body politi
nd .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 t
the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above ~ bounde .
rincipal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct sai
provements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not includin
unday) from the date of a notice to the above bounden principal, that said contract is ready for execution; then th'
bligatton 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 seal
his day of ,19 .
. (Seal
.
(Seal
{Seal
Page 1 of 2 ~
24
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 V~i~TNE5S WI~EREOF 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 BAKERSFIEL~
Department of Public Works
1501. Truxtun. Avenue, Annex Building , ,
Bakersfield, California 93301
In accordance with the terms of Contract No._ for:
STRIPING. ADDITIONAL LANES ON HARRIS ROAD FROM ASHE ROAD TO STINE ROAD
awarded. on . ~ ,between the .City of Bakersfield (hereinafter referred to as the City), and the
undersi ned which .contract rovides for the installation of lighting and/or traffic signal system ,and under . g ~ P
which contract the undersigned has ~ furnished and installed such system, the following guarantee of the said system is
hereby made: ~ ~ .
Should, an of the a ui ~ ment .installed ursuant to said contract, except lighting elements, prove defective or~
y ~ q p p 'al furnished or method of installation should the system as a. whole prove defective, due to f aulty workmanship, maters
or should said s stem~or.an art thereof fail to operate properly, as planned, due to any of the above causes, all within . Y yp
1 ear after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon. Oy
demand, for its, expenses incurred in restoring said. systems to the condition contemplated in said contract, including the
st ~of an a ui ment or materials re laced, or, upon demand by the City, to replace any such equipment and repair said co y q . p p
s stems. com letel. without ..cost to the City, so that they will operate successfully as originally contemplated. y p y
The Cit - shall have the o tion to make any needed repairs or replacements itself or to have such replacements Y p
or repairs done by the undersigned. Prior to .such replacement or repair work being done by the City, the. undersigned . .
shall .have the o Lion to make an needed repairs or replacements. In the event the City elects to have said work , P y
performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials.....
as are necessa shall commence to be furnished and installed within Twenty-Four (24} hours of the date specified in the . . Cit 's written notification.-Contractor shall prosecute with due diligence to complete the work within a reasonable period
Y of time, as specified in the City's. written notification. ~ .
Said s stem will be deemed defective within the meaning of this guarantee in the event that they fail to operate Y
as on inall intended b the manufacturers thereof and in accordance with the plans and specifications included ,in said . g y y
contract.
Date Contractor's Signature ~ .
Firm
Address
GUARANTEE ~ .
MATERIAL AND WORKMANSHIP . ~ .
26
CITY OF ~BAKERSFIELD
Department.~of Public. Works
1501 Truxtun Avenue, Annex Building
Bakersfield,. CA 9330.1
In accordance with the terms of the Contract for:
. STRIPING ADDITIONAL LANES ON HARRIS ROAD FROM ASHE ROAD TO STINE ROAD
awarded on ,between the City or Bakersfield (hereinafter referred
to as "City"}, and the undersigned., which contract provides for the installation of
,and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
when the project is completed and accepted, we guarantee the same to be free from imperfect workmanship
. and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, andlor
materials which may prove defective in workmanship or materials within a period of one (1) year from the date of
acceptance of the above named construction project, ordinary wear and tear or neglect excepted. we also agree to repair and/or replace, at our .own cost and expense, any work and/or materials that we may disturb or displace in making good
such defects.
within twenty-four (24}hours after being notified in writing by the City or the City's representative, orthe 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 andlor 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
27
HOLD HfARMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless
the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys
fees b reason .of the liability imposed by law upon the City, except in cases of the City's sole negligence, for ~Y
dama a because of bodily injury, including death at any time resulting therefrom, sustained by any person or
g
ersons, or on account, of damage to property arising out of or in consequence of P
. ~ (Agreement name)
IT ~S FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the
Cit ,defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses,
Y)
. including the .expense of counsel, ~in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
AGREEMENT NO.
CONSTRUCTION PROJECTS AGREEMENT
THIS AGREEMENT is made and entered into on ~ by .and ~ ,
. b~~etuueen the CITY :OF BAKERSFIELD; a ,municipal corporation, ("CITY" herein} and
~a California ~Cor~oration, Hawaii Corporation; Qelaware Corporation, Individual, etc,) ("CONTRACTOR"
Herein}.
RECITALS
I~VHEREAS, CONTRACTO. R represents CONTRACTOR is experienced and well
qualified in the field ofconstruction; and. .
WHEREAS, CITY desires to employ CONTRACTOR to
. ~ , as~ set forth herein,
NOW, THEREFORE, ,incorporating the foregoing recitals herein, CITY .and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in
general, of
The scope of-work .shall include all items and procedures necessary to properly complete the task
.CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not.
. The following shall be deemed to be part of this agreement as if fully set forth
herein:
. ~ A, Notice to Contractors _ B. Special Provisions
C. Bid Proposal
D. ~ Bidder's Bond
E. ~ Performance Bond
. ~ F. Material and Labor Bond
. G. Letters of transmittal, if any
H.. ALI provisions required by law to be inserted in this contract whether
. ~ - actually inserted or not.
I. Current State of California DAS 140 Form
(if required by Specifications} .
.
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION. PROJECTS
FORMAL BIDDING PROCEDURES. ~ 29
2. COMPENSATION. CONTRACTOR shall be paid for services performed
. under this: Agreement as #ollows:
' rth in this section shall be the total com ensation for the services provided by .compensation set, fo p
CONTRACTOR, including all out-of-pocket costs incurred. CITY shall pay no fee other than the
-com ensation listed in this section. unless otherwise agreed to in writing by the CITY.
p.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
fter recei t of an itemized invoice for the work completed and approved by .CITY in rendered a p
accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made
. within thi . 30 da s after recei t and approval by CITY of CONTRACTOR's itemized invoice.
ttY ~ ) Y p
WAIVER Of DEFAULT. The failure of any party to enforce against another 4.
' ' f this A reement shall not constitute a waiver of that .party's right to enforce such a a provision o g
ravision at a later time, and shall not serve to vary the terms of this Agreement,
p
LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in 5.
effect or obtain at all times during the term of this .Agreement any licenses, permits and approvals
which are le all re aired .far CONTRACTOR to practice its profession. g Y q
6. STANDARD OF PERFORMANCE. All work shall - be performed in
' ~ ' h-all le al re ~uirements and Indust standards observed by a competent practitioner conformity wit g q ry
of the profession in California.
MERGER AND MODIFICATION. ~ This contract sets.. forth the entire 7.
teem nt between the attics and su ersedes all other oral or written representations. This contract Ag e p p
ma be :rnodified only in a writing approved by 1the City Council and signed by all the parties. Y
. ~ 8. EXHIBITS. In the event of a conflict between the terms, conditions or
. ' ' h in this A reement and those in .exhibits attached hereto, the terms, conditions, specifications set fort g
ors ecifications set forth in this A reement shall prevail. All exhibits to which reference is made in p 9
this A reement are deemed. incorporated in this Agreement, whether or not actually attached. g
LIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's 9. COMP
cost com I with all of the re uirements of Municipal, State, and Federal authorities now in force, sole p y q
or which ma hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all .y .
activities relatin to or rowing out of this Agreement all -Municipal ordinances and State and Federal g 9
statutes, rules or regulations now in force or which may hereafter be in force.
10. INDEPENDENT CONTRACTOR. This Agreement calls forthe performance
of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or
Io ee of .the CITY for an ur ose and is not entitled to any Of the benefits provided by CITY to emp y Y p p .
its em to ees. This A reement shall not be construed as forming a partnership or any other pY g
association with CONTRACTOR other than that of an independent contractor.
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 3O
11. INSURANCE. In addition to any other insurance or bond required. under .
by. this Agreement, the C~NTRACT4R 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 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 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
vo I u nteers. ~ ~ ~ ~ ~ .
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 r~ayor,
council, officers, agents, employees and volunteers. . ~ .
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 orself-insurance maintained by .
the CITY,` its. mayor, council, officers, agents, employees, and volunteers shall be excess of the.
C~NTRACTOR'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 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 there shall b~e
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 31
continuing liab'rli thereon; ~no#withstanding any recovery on any policy.
9 tY
Theinsurance re uired hereunder shall b.e maintained until all work required to be performed by this
q A reement~is. satisfactorily completed as evidenced by written acceptance by the CITY.
g
The CONTRACTOR shall .furnish ,.the City Risk Manager with a certificate of insurance .and required
endOrserne~nts evidencin the ,insurance required. The CITY may withhold .payments hereunder if
g certificates of insurance and endorsements required have not been provided.
Unless otherwise a roved by the CITY, if any part of the work under this Agreement is subcontracted,
pp the. "basic insurance requirements" set .forth above. shall be provided by, or on behalf of, all
. ~ subcontractorseven if~ the CITY. has. approved lesser insurance requirements for CONTRACTOR.
12. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless
CITY its officers, a ents and employees against any and all liability, claims, actions, causes of action
g or demands whatsoeveragainst them, or any of them, before administrative or judicial tribunals of any
.kind whatsoever a~isin rout of,. connected with, or caused by CONTRACTOR, CONTRACTOR's g
employees, ~ agents ar independent contractors or companies in the performance. of, or in any way
:arisin from the terms and revisions. of this Agreement whether or not caused in part by a party
g ~ p ~indernn~ified hereunder, except as limited by California Civil. Cade section 2782.
13. EXECUTION. This Agreement is effective upon execution. It is~the product
of ne atiation and all arties. are equally responsible for authorship of this Agreement. Section 1654 g p
,cif he California ,Civil Code, shall. not apply to the interpretation of this Agreement.
14. NOTICES. A11 notices relative to this Agreement shall be given in writing
. and shall be ersonall served or sent by certified or registered mail and be effective upon actual p y
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
Bakersfield, California 93301
(805 326-3724 .
CONTRACTOR:
>y
15. FORUM. An lawsuit pertaining to any matter arising under, or growing v
out of, this contract shall be instituted in Kern County, California.
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS . .FORMAL BIDDING PROCEDURES. 3Z
1~fi. ASSIGNMENT. This contractshall not be assigned by any party; or any
a s~u.bstituted, without prior vuritten consent of all the parties. p ~y
17.. ~~BINDING EFFECT. Tha rights and obligations of, this Agreement
shall inure to the .benefit of,~ and be binding upon, the :parties to the ~ contract and. their heirs,
admi~nistratars, executors, personal representatives, successors and assigns, and whenever the context.
so r uires, the masculine gender includes the feminine and neuter, and the singular number includes eq
the plural. This Agreement may~~ be executed in any number of counterparts, each, of which shall be
considered as an original and be effective as such.
18. ~ TITLE To DOCUMENTS. ail documents, plans, and drawings, maps,
hoto ra hs, and other apers, or copies thereof prepared by CONTRACTOR pursuant to he terms .p g.p p
of this A reem~ent, shall; uponpreparation, become .the property of the CITY. g.
. 19. ~ ACCOUNTING REC:QRDS. CONTRACTOR shall. maintain. accurate
accounting records and o her written documentation pertaining to all costs. incurred in performance g
.of this ~A ~ regiment.Such records and documentation shall be kept at CCNTRACT4R's office during g
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 . .
d~uring.regular business hours.
. ~ 20C C4RP~.RATE AUTHORITY. Each individual executing this Agreement
re resents and warrants the are dul authorized ~to execute and deliver this Agreement on behalf of p .Y Y
.the. corporation or organization, if ~ any, named .herein and thisAgreement is binding upon said
corporation or organization in accordance with its terms. ~ ~ .
21. TAX NUMBERS. .
I ~ CO.NTRACT~~R's Federal Tax ID Number .
CONTRACTOR is a corporation? Yes No
Please check ane..}
. .
.INDEPENDENT CONTRACTOR'S AGREEMENT . FOR CONSTRUCTION PROJECTS
...FORMAL BIDDING .PROCEDURES. 33 ~ . .
. ~ 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
BOB PRICE
Ma or Title:
Y
APPROVED AS TO FD~RM:
JUDY K. SKOUSEN
Ci Attorney COUNTERSIGNED:
tY
By: BY
. Name & Title of Attorney who prepared contract} GREGORY J. KLIMKO
Finance Director
APPROVED AS T4 CONTENT:
CITY DEPARTMENT NAM E
By'
DEPARTMENT HEAD NAME & TITLE
ADD/meg
Attachment - Exhibit "A"
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS FORMAL BIDDING PROCEDURES. 34
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