HomeMy WebLinkAbout1997 Special Provisions Project T7K005copy No. _ .
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CITY OF B~RSFIELD
CALIFQRNIA .
NUTICE TO CONTRACTURS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FUR
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TNSTALLATION~ OF
TRAFFIC SIGNAL AND LIGHTING SYSTEM 0
~STINE ROAD AT HA1tRI Q~~~E ~f~ S ROAD....... ~
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BID OPENING. ~ ~ ~ ~ Rio. c, 5i 825
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f ~ ~ DATE: APRIL 22,1997 ~ d 3D - . ~xP ~8
• ~ s~ CfV11. TI E M ..11..00 A.M. ~ T r~0 1 d F A C
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PROJECT NO.. T7K005 ~,I
CITY; OF -BAKERSFIELD .
PUBLIC WORKS DEPARTMENT RONALD F RUETTGERS, CIVI~, ~~~l~~
ANNEX BUILDING, 2ND FLOOR 1 S0 l 2'1 sT STREET, SUITE 4
1501 TRUXTUN AVENUE _ BAKERSFIELD, CA 93301 BAKERSFIELD, CA 933.01, TELEPHONE: (805) 327-.1969
Project Engineer: Arnold Ramming,
Telephone. (805) 326-3591
TABLE OF CONTENTS
NOTICE. TO CONTRACTORS l .
GENERAL DESCRIPTION OF WORK .............................................................:........................................................2
SPECIAL PROVISIONS ...............................................................................................................................................3
SECTION 1-DEFINITIONS AND TERMS .................................................................................................3
1-1.01 General ............................................................................................................................3
1-1.02 Definitions and Terms .....................................................................................................3
SECTION 2 -PROPOSAL REQUIREMENTS ..............................................................................................4
2-1.01 General Information ........................................................................................................4
2-1.02 Approximate Estimate .....................................................................................................4 2-1,03 Examination of Plans, Specifications, Special Provisions,
and Site of Work .............................................................................................................4 ,
. 2-1.04 Rejection of Proposals Containing Alterations,
Erasures or Irregularities.,.........~ ......................................................................................4
2-1.05 Proposal Form .........................................................................................................:.......4
2-1.06 Bidder's Guarantee .........................................:................................................................4
2-1.07 Required Listing of Proposed Subcontractors .................................................................4 2-1.08 Bid Submittal Items S
2-1.09 Omissions in Specifications and Drawings 5
2-1.10 Withdrawal of Proposals .................................................................................................5
2-1.11 Public Opening of Proposals 5
2-1.12 Relief of Bidders .............................................................................................................5
2-1.13 Disqualification of Bidders .............................................................................................6
SECTION 3 -AWARD AND EXECUTION OF CONTRACT .....................................................................7
3-1.01 General ............................................................................................................................7
3-1.02 Award of Contract ..:........................................................................................................7
3-1..03 Contract Bonds ................................................................................................................7
3-1.04 Execution of Contract .....................................................................................................7
3-1.05 Return of Bidder's Guarantees ........................................................................................7
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 8
4-1.01 General ............................................................................................................................8
SECTION S -GENERAL ..............................................................................................................................9
5-1.01 State Contract Act Not Applicable ..........................................:.......................................9
5-1.02 Alteration in Quantity of Work 9
5-1.03 Control of Work ..............................................................................................................9
5-1.04 Prevailing Wages ............................................................................................................9
5-1.05 Payroll Records .............................................................................................................10
5-1.06 Labor Nondiscrimination ..............................................................................................10
5-1.07 Apprentices ...................................................................................................................10 5-1.08 Trench Safety ................................................................................................................11
5-1.09 Sound Control Requirements ........................................................................................11
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5-1.10 Permits and Licenses l 1 5-l.l 1 Working Hours l 1
5-1.12 Laws to Be Observed ........:...........................................................................................11 r
5- . ontractor's Insurance ...................................................................................................12
5-1.13a Hold Harmless ...............................................................................................................12
5-1.13b Insurance .......................................................................................................................12
5-1.14 Contractor's Authority ...................................................................................................13
5-1.1 S Damage by Storm, Flood, Tidal Wave or Earthquake ..................................................13
5-1.16 Work in City Streets ......................................................................................................13 5-1.17 Right of Way .................................................................................................................13
5-1.18 Suspension of Contract .................................................................................................13
5-1.19 Temporary Suspension of Work ...................................................................................14
5-1.20 Payments .......................................................................................................................14
5-1.21 F-final Payment ...............................................................................................................14
5-1.22 Increased or Decreased Quantities ................................................................................15
5-1.23 Hazardous Materials ......................................................................................................15
SECTION 6 -CONTROL OF MATERIALS ...............................................................................................1 b
6-1.01 General ..........................................................................................................................16
6-1.02 Borrow, Disposal and Material Sites .............................................................................16
d-1.03 Certificates of Compliance l d
SECTION 7 -CONSTRUCTION DETAILS ......:........................................................................................17
7-1-GENERAL
7-1.01 Order of Work ...............................................................................................................17
7-1.02 Obstructions ..................................................................................................................17
7-1.03 Maintaining Traffic .......................................................................................................18
7-1.04 Traffic Delineation ........................................................................................................19
7-1.05 Existing Highway Facilities ..........................................................................................19 7-l .Ob Remove Pavement Markings ........................................................................................19
7-1.07 Remove Roadside Signs ................................................................................................20
7-1.08 Clearing And Grubbing .................................................................................................20
7-1.09 Dust Control ..................................................................................................................20
7-1.10 Replace Roadside Signs ................................................................................................21
7-1.11 Minor Concrete (Handicap Ramp) ................................................................................21
7-1.12 Pavement Markings .......................................................................................................21
7-2 -TRAFFIC SIGNALS AND LIGHTING ..............................................................................................22
7-2.01 Foundations ...................................................................................................................22
7-2.02 Standards, Steel Pedestals and Posts .............................................................................22
7-2.03 Conduit ..........................................................................................................................22
7-2.04 Pull Boxes ..................................................................................................:..................23
7-2.05 Conductors and Wiring .................................................................................................23 7-2.Ob Service ...........................................................................................................................23
7-2.07 Testing ...........................................................................................................................23
7-2.08 Signal Faces and Signal Heads ......................................................................................24
7-2.09 Pedestrian Signals .............................................................................................:...........24
7-2.10 Luminaires ....................................................................................................................24
7-2.11 Photoelectric Controls ...................................................................................................25
7-2.12 Controllers, Cabinets and Auxiliary Equipment ...........................................................25 7-2.13 Autoscope ......................................................................................................................25
7-2.14 Pre-Emption ...........................................................................:......................................25
7-2.15 Remove Existing Street Light .......................................................................................25
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7-2.16 .Guarantee ......................................................................................................................25
7-2.17 Traffic Signal Interconnect ...........................................................................................26
7-2.18 Traffic Signal Interconnect~Pull Boxes .........................................................................26
PROPOSAL (Yellow Pages) ......................................................................................................................................27
Proposal for TRAFFIC SIGNAL AND LIGHTING ON STINE ROAD AT HARRIS ROAD ...................27 Noncolluslon A ldavlt ..................................................................................................................................30
Bidder's Bond .......................................................................................................................................32
Guarantee -Traffic Signal Equipment ..........................................................................................................34
Guarantee - Materlal And Workmanship ......................................................................................................35
SAMPLE CONTRACT .......................................................................................................................................36
Independent Contractor's Agreement Escrow Agreement for Security Deposits in Lieu of Retention
Faithful Performance Bond
Material and Labor Bond
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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 A r~ 1122,1997 to be publicly
opened and read immediately thereafter in the City Council Chamber, for the following work:
INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON STINE ROAD AT HARRIS ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the
Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00) for each complete set. Refund of deposit
will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days
from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet
the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which
appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the
provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid
must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work
described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the
provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield.
The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for
Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is
awarded.
The proposed work 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 include in this bid package. Please review it carefully, this is the contract the Contractor
shall 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.
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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic signal and lighting system, on Stine Road and
Harris Road, removing signs, pavement markings, and luminaires, adding signs and striping roadway to reflect new
signalized condition, installing new handicap ramp, and installing signal interconnect.
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-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard
Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms,"
of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and
meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents
acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business,
Transportation and Housing Agency, dated July,1992.
State -The City of Bakersfield. .
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not
apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions,
shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications.
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SECTION 2..PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield,
California, will receive at her office, City Ha11,1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on
Apri122,1997 sealed proposals for:
- INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON STINE ROAD AT HARRIS 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 EKAMINATION OF PLANS, SPECIFICATIONS, SPECIAL
PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of work, the
proposal, plans and specifications, and contract forms. It will ~ be assumed that the bidder has investigated, and is
satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and
materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made
such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS,
ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form,
additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals
in which the prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals
must give the prices proposed and must be signed by the bidder, with his address. If the proposal is made by an
individual, his name, telephone number and post office address must be shown. If made by a firm or partnership, the
name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the
proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles,
and business addresses of the president, secretary and treasurer.
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten
percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed
therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract
portions of the work in the amount of 1/2 of one percent of his total bid or $10,000, whichever is greater, in accordance
with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure
to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
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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 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed
forms:
• Proposal Form; • Bidder's Bond Form;
• Non-Collusion Affidavit Form;
• List of Subcontractors
2-1.09 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 furnished or
performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing
such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the
time fixed in the public notice for the opening ~ of bids by request for the withdrawal of the bid filed with the Purchasing
Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in
the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the
time fixed in the public notice for the opening of bids.
2-1.11 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.
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code
Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the
opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 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 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.
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A form for the statement required by Section 10285.1 is included in the proposal.
2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual,
firm, partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested
in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual,
firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among 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 res onsible p bidder. The language refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of
low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made
within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible
bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured
by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedures.
One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of the said bonds shall be in an amount of
fifty percent (50%) of the contract price and shall guarantee payment to laborers, mechanics and material workers
employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section
3248 of the California Civil Code.
Whenever any surety or sureties on 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 and certif cate of insurance documents within ten (10) days, not
including Sundays, after the bidder has received notice that the contract has been awarded. The Commercial General Liability .and Workers Compensation insurance policies should contain additional insured endorsements in favor of the
City, its mayor, council, officers, agents, employees and volunteers, as required in these specifications. No proposal
shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being
made and entered into in the City of Bakersfield, California.
Failure to execute a contract, file acceptable bonds and submit certificate of insurance documents 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 LI UIDATED DAMAGES Q
4-1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work,"
Section 8-1.06, "Time of Completion" and Section 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 3 5 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 manufactu .ring 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 a
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
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 5,
"CONTROL OF WORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the
following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and incase any such discrepancy exists, it must be reported to the
Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any
error in the finished work.
The second paragraph in Section 5-1:07, "Lines and Grades" of the Standard Specifications is amended to
read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in
writing a reasonable length of time in advance of starting operations that require such stakes or marks. In
no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph
after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due
notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor
shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code.
The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the
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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.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-I.0lA(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 Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of
Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all
Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be
submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract
documents.
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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 ofTWENTY-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 reviewed by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders of
the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less
effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its
employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same meaning as
in Labor Code Sections 1720 and 1 ?22 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.01 I, "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 b:00 A.M., shall
not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for
complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but
not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of
loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of
personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses,
pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work
from any and all governmental organization which require such permits, licenses or fees. The. Contractor shall procure a
business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M, to
4:30 P.M. Monday through Friday. Any deviations must be requested and in writing and directed to the Construction
Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work beyond these limits. Any time work proceeds, which requires inspection services for more than a (91/2) hour work day,
or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield
it
which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any
way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under
this contract until he has obtained all insurance required under this section and the required certificates of insurance
have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any
deductibles under all required insurance policies.
5-1.13A INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the City, its
officers, agents and employees against any and all liability, claims, actions, cause of action or demands
whatsoever against them, before administrative or judicial tribunals of any kind whatsoever, arising out
of, connected with, or caused by Contractor, Contractor's employees, agents or independent contractors
or companies in the performance of, or in any way arising from, the terms and provisions of this
Agreement whether or not caused in part by a party indemnified hereunder, except as limited by California Civil Code #2782.
5-1.13B 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 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 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.
All policies required of the CONTRACTOR 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.
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.
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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 performed 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 under the Agreement. This certificate with the required endorsements
must be returned with the executed contract as specified in Section 3-1.04, "Execution of Contract", of these
specifications. The City may withhold payments hereunder if certificates of insurance and endorsements required in the
Agreement are not maintained.
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.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstluction meeting; the Contractor
shall provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE.
Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and
shall not apply to this contract.
5-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 incompliance 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 contractand 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
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credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid.
.
In the determination of the question whether there has been any such non-compliance with the contract
as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the
contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority
to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such
other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions
of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the
Engineer and shall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.Od, "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. A board 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
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"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
bean 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 contractor
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- l , l 1, "PAYMENT". Eleventh paragraph of Section 39-8.02, "PAYlV1ENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his
workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials
are encountered during this project.
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SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of
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.
b-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow
or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the
requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound
control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time
of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority
having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which
conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall
govern over the conflicting requirements of this section provided the permit requirements have been approved by the
Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this
section shall be considered as included in the contract prices paid for the items of work which require the use of the'
sites and no additional compensation will be allowed therefor. ,
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
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SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. (Not a bid item) 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.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with
cardboard or other material with an observation hole (max. l" dia.) in front of each signal indication. The covers shall
remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal
control shall be completed and all signs shall be in place.
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. (Not a bid item) 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 7-1.1 1,"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,withseruice 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 maybe allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the
Contractor shall contact the City Parks Division at 32b-3117 for the purpose of ascertaining the locations and current
operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and replacement
of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the
Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration
of irrigation interruption.
Existing land subdivision monuments and stakes shall be fully protected from damage or displacement
and they shall not be disturbed unless directed by the Engineer.
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
17
considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
. .
PAYMENT. 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. (Not a bid item) The Contractor shall furnish, install and
maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements
set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of
Work Upon Highways," published by the State of California, Department of Transportation. Application and use of
devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact
location and progress of the work and shall notify them immediately of any streets impassable for fire fighting
equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows;
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
STINE ROAD BOTH 7:00 - 4:30
HARRIS ROAD BOTH 7:00 - 4:30
Where construction operations are actively in progress, a minimum of one traffic lane in each direction shall be
open for use by public traffic. Where construction operations are not actively in progress all 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. (Not a bid item) Immediately after any construction where
delineation is obliterated or when directed by the Engineer, replace all obliterated pavement delineation with temporary
delineation during the same work period, and in no case later than 7:30 a.m. following such work period.
Temporary delineation consists of temporary reflective pavement markers spaced no more than 12 feet apart
on curves, and no more than 24 feet apart on tangents. Temporary reflective pavement markers shall be Davidson Plastics Co. Model "TOM" or approved equal and shall be applied in accordance with the manufacturer's instructions.
Temporary delineation shall be the same color as the permanent delineation. Any temporary markers that become
detached before permanent striping is applied shall be replaced immediately by the Contractor.
Temporary delineation shall be removed immediately prior to placement of permanent striping and when
directed by the Engineer.
Temporary delineation placed on a lower lift of asphalt concrete shall be removed immediately prior to placement of additional lifts. Temporary delineation shall then be replaced.
Temporary delineation shall be placed in line with the new striping alignment or as directed by the Engineer.
A striping plan will be made available to the Contractor when existing traffic delineation is to be modified by the City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid for
the various items of work, and no separate payment will be made therefor.
7-1.05 EXISTING HIGHWAY FACILITIES. (Not a bid item) The work performed in connection
with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the
Standard Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to
construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's
forces prior to completion of construction. Signs removed from the project area shall be delivered to the City
Corporation' Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the two preceding paragraphs shall
be considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
7-1.06 REMOVE PAVEMENT MARKINGS. Pavement Markings to be removed will be as shown on plans and as designated by the Engineer.
Pavement Markings shall be removed to the fullest extent possible from the pavement by any method that does
not materially damage the surface or texture of the pavement or surfacing. Where blast cleaning is used for the removal
of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting
operation is allowed to enter the area that is open to public traffic. Sand or other material deposited on the pavement as
a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted.
19
Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or
markings, so the old message cannot be identified.
r After removal of pavement markings, a fog seal coat shall be applied in conformance with the rovisions in
P Section 37, "Bituminous Seals," of the Standard Specifications and the following:
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 pavement markings removed will be determined
by the actual size of the rectangle measured in square feet.
The contract unit price per square foot for removal of pavement markings shall include full compensation for
furnishing all labor, materials, tools, equipment, signs, traffic control and for doing all work necessary for removing
existing striping as shown on plan and as directed by the Engineer.
7-1.07 REMOVE ROADSIDE SIGNS.
Sign structure removal shall consist of removing posts, frames, portions of foundations, and sign panels.
Sign panels shall be salvaged. Panels shall be delivered by the Contractor to the City Corporation Yard.
A sign structure shall not be removed until said structure is no longer required for the direction of public
traffic.
MEASUREMENT AND PAYMENT. Remove Roadside Signs shall be paid for at the contract unit
price.
7-1.08 CLEARING AND GRUBBING. (Not a bid item) Clearing and grubbing shall conform to the
provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed
by the Engineer.
7-1.09 DUST CONTROL. (Not a bid item) 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 beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth
herein.
20
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.
7-1.10 REPLACE ROADSIDE SIGN. Replace Roadside Signs shall conform to the provisions in
,i Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions.
Warning and Regulatory signs panels shall be mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6" from back.
Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut
assembly.
MEASUREMENT AND PAYMENT. Replace Roadside Sign shall be paid for at the contract rice p
per unit for Replace Roadside Sign. .
7-1.11 MINOR CONCRETE (HANDICAP RAMP). Minor Concrete (Handicap Ramp) shall conform to Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications, and these special provisions.
Work under this item shall include removal and disposal of existing sidewalk and curb and gutter, sawcut
asphalt. concrete paving, removing pavement and reconstructing pavement tie-in, and installing Type "B" Curb and
Gutter and handicap ramp.
MEASUREMENT AND PAYMENT. Minor Concrete (Handicap Ramp) shall be paid for at the
contract lump sum price for Minor Concrete (Handicap Ramp), and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing said handicap ramp.
7-1.12 PAVEMENT MARKINGS. Pavement markings shall be thermoplastic and shall conform to
Section 84-2, "Thermoplastic Traffic Stripes and Pavement Markings," of the Standard Specifications, and these special
provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
The thermoplastic materials shall conform to State Specification 8010-21 C-19.
.MEASUREMENT. Striping Details are referenced in the bid items, the plans and the Standard Plans.
PAYMENT. The contract prices paid per square foot for application of Pavement Markings set forth in the
plans, Standard Specifications and these Special Provisions shall include full compensation for furnishing all labor,
materials, tools, equipment and incidentals, and for doing all the work involved in applying said markings.
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SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2 TRAFFIC SIGNAL AND LIGHTING SYSTEM. Traffic signal and lighting system shall
conform to the provisions in Section 86 of the Standard Specifications and these special provisions.
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall
furnish the appropriate nuts and washers for existing foundations to be reused.
when foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall be amended to read:
When foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed to a
depth of not less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be backfilled
with material equivalent to the surrounding material. ~ .
7-2.02 STANDARDS, STEEL PEDESTALS AND POSTS. Standards, steel pedestals and
posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard
Specifications and these special provisions.
A pull rope shall be installed in all mast arm poles with luminaires from the hand hole at the base of the pole
up through the luminaire arm to the luminaire. The pull rope shall be nylon or polypropylene with a minimum tensile
strength of 500 pounds. At least 2 feet of pull rope shall be doubled back into the pole or arm at each termination.
7-2.03 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either jackingldrilling 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 two (2)
sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement surface. The top
0.20 feet shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be
performed by any method which will produce an asphalt concrete surface of uniform smoothness, texture, and density.
4. All excavated areas in street crossings and traffic lanes need to be backfilled immediately. All other
excavated areas in the pavement shall be backfilled except for the top 0.20 foot, by the end of each work day. The top
0.20 foot shall be placed within three (3) working days after trenching. Temporary roadmix or other acceptable
temporary surface will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed.
A pull rope conforming to Section 86-2.OSC "Installation" of the Standard Specification shall be included in all
conduit for installation of future conductors.
22
Conduits installed under sidewalk will be jacked or drilled. Remove and replace complete sidewalk panels to nearest seam or scoreline if pits in sidewalk area for jacking/drilling are necessary. Removal and replacement of entire
sidewalk area for jacking/drilling pits is also allowed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of construction, the
Engineer may specify which of the above methods may be used.
7-2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of
the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except lighting,
Autoscope power and between the service point and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES
13.
Splices shall be insulated by "Method B."
The optical detector cable (3-M Opticom Mode1138 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 pedestal shall be Type IIIBF, per Caltrans Standard Plan ES-2E, with
window for photoelectric unit, and shall be furnished with 60 amp,120 volt, 3 pole main breaker and the
following branch circuit breakers:
No. Amps Ph~cse Volts Branch Metered
1 50 1 110 Traffic Signal Yes
2 30 1 110 Lighting ~ No
3 20 1 110 Autoscope Yes
The Engineer will arrange with the serving utility to complete service connections to service points shown
on the plans and will pay all required costs and fees required by the utility. .
7-2.07 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
23
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
• ~ a
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.14C
"Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in
SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these
special provisions.
7-Z.08 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary
equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01,
"Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 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-Z.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; 3/16 inch nominal thickness hammered wire-glass; or 3116 .inch nominal thickness ultraviolet-stabilized,
prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface over the entire projected area
except where the symbols are located. The material used to mask the message plate shall be hard and durable and shall
bond such that it will not flake or peel when the message plate is in use or is washed. The symbols shall be the only
.illuminated portion of the message plate.
The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module. The
module shall contain and properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with
a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 + 1 Hz.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front Screen",
of the Standard Specifications.
7-Z.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.
24
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as shown on the plans.
An in-line fuse shall be located in the pull box.
7-2.11 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 furnish the controller and cabinet assembly for each location. The central pad on the Foundation Detail in State
Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12".
The City will furnish optical detectors.
7-2.13 AUTOSCOPE. Vehicle detection will be Econolite's AUTOSCOPE-2004, Video Vehicle .
Detection System furnished by the City.
City-furnished video cameras shall be installed by the contractor.
Camera video cable (Belden #8281) shall be furnished by the contractor and shall run continuous from camera
pigtail connection to signal controller cabinet. Camera video and power cords shall enter luminaire arm one (l) foot .
from mounted camera location using engineer approved crimp-type BNC connectors such as Amphenol 31-71032 and
shall utilize a drip loop. Connectors should be installed using Amphenol CTL-2 Crimping Tool. Weatherproof
connections shall not be at bottom of drip loop. Connections at cameras shall be appropriately wrapped and weatherproofed.
7-2.14 PRE-EMPTION The Contractor shall install City furnished Opticom 711 pre-emption device per
the plans.
7-2.15 REMOVE EXISTING STREET LIGHT Remove Existing Street Light shall conform to
the provisions in Section 86-7.01, "Removing Electrical Equipment." Existing street light circuit shall be maintained.
Street Light Standards shall be salvaged. Contractor shall contact Luis Peralez at 326-3111 for location to
deliver salvaged street lights.
MEASUREMENT AND PAYMENT. Full compensation for Remove Existing Street Light shall be
. considered as included in the contract lump sum price paid for Traffic Signals and Lighting and no separate payment
will be made therefor.
7-2.16 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.
MEASUREMENT AND 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.
25
7-2.17 TRAFFIC SIGNAL INTERCONNECT Traffic Signal Interconnect shall conform to .
Section 86 of the Standard Specifications and these special provisions.
Conduit shall conform to the provisions in Section 86-2,05, "Conduit," of the Standard Specifications and
these special provisions. .
Signal Interconnect Cable shall be six pair as shown on the plans and shall conform to the provisions in
Section 86-2.08E, "Signal Interconnect Cable," of the Standard Specifications and these special provisions.
The conductors shall be solid # 19 AWG annealed copper in twisted pairs. The conductors shall be no less than
3.5 turns per 14 inches for six pair cable. The cable shall have a corrugated copolymer-coated 8-mil aluminum tape
applied longitudinally over the core wrap. These cables must meet the requirements of PE-39 and ANSI/ICEA S-84-
608-1988. A certificate of compliance to these special provisions will be required from the manufacturer prior to
installation.
A pull rope conforming to Section 86-2.OSc "Installation" of the Standard Specifications shall be included in all interconnect conduit for installation of future conductors.
MEASUREMENT AND PAYMENT. Full compensation for furnishing and installing traffic interconnect
including conduit, cable, pull rope, pull boxes, "LB" connectors, sidewalk replacement, excavation, trenching,
backfilling and pavement patching shall be considered as included in the contract price paid per lineal foot of Traffic
Signal Interconnect, and no additional compensation will be made therefor. ~ .
7-2.18 TRAFFIC SIGNAL INTERCONNECT PULL BOXES New Traffic Signal
Interconnect Pull Boxes shall conform to Section 86-2.06, "Pull Boxes" of the Standard Specifications and these special provisions.
All traffic signal interconnect pull box assemblies shall include one knockout on all sides for 2" conduit.
Recesses for suspension of ballasts will not be required.
MEASUREMENT AND PAYMENT. Full compensation for furnishing and installing traffic interconnect
pull boxes shall be considered as included in the contract price paid for Traffic Signal Interconnect and no separate
payment will be made therefor.
26
PRUPUSAL
FUR
ON OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON STINE ROAD AT HARRIS ROAD INSTALLATI
To the City Clerk of the City of Bakersfield:
undersi ned as bidder, declares that the only persons or parties interested in this proposal as principals are The g , ein• that this ro osal is made without collusion with any other person, firm or corporation; that he has those named her p p
xamined the location of the proposed work, the annexed proposed form of contract and the plans therein carefully e
ro oses and a rees if this proposal is accepted, that he will contract with the City of Bakersfield, ~n referred to, and he p p g , ~ aratus and other means of
the rescribed form of contract hereto annexed, to provide all necessary machine tools, app p
' all the work and furnish all the materials in accordance with the plans and specifications for the construction and to do
' ffice of the Finance Director of the City of Bakersfield and as specified il~ the contract, in the above, filed m the o ' rescribed and according to the requirements of the Engineer as therein set forth, and that he
manner and time therein p , ' in full a ment therefor the unit prices or lump sums set forth in the following schedule: will take p y
' rther a rees that incase of default in executing the required contr~~ct, with necessary bonds, The undersigned fu g
' of includin Sunda ,after having received notice that the contract is ready for signature, the w~thm ten (10) days, n g Y
heck or bid bond accompanying his bid shall become the property of the City of Bakersfield. proceeds of the c
Bidder acknowledges receipt of the following addendum: er left hand idder shall clearl list any and all addenda numbers received for the project above and on the low The b y
corner of the sealed bid return envelope.
TED UNIT OF ITEM UNIT PRICE EXTENSION Item ESTIMA (in figures) PRICE
No. QUANTITY MEASURE ~ (in figures)
1. 1,200 SQFT Remove Pavement Markings
. 2. 10 EA Remove Roadside Signs
3. 1 EA Replace Roadside Signs
4, 55 SQFT Pavement Markings
5 _ LS Minor Concrete (Handicap Ramp)
SIGNED
Bidder
Page 1 of 2
27
ITEM ES7'I111A7'ED t1N1T OF 1TEM UNIT PRICE EXTENSION N0. QUANTITY ~ MEASURE (in Figures} PRICE
(in figures)
4 _ LS Traffic Signal and Lighting
System
5 290 ~LF Traffic Signal Interconnect
Total Bid $
' led es recei t of the following addendum: .Clearly list any and all Bidder acknow g p
ers received on this roject, above and on the lower left hand corner of the sealed bid return envelope. addenda numb p
SIGNED Bidder
Company
Address
P.O. Box
City, State, Zip Code
Telephone Number
License No. and
Expiration Date
RESENTATIONS MADE HEREIN ARE MADE UNDER. PENALTY OF PERNRY THE REP
Page 2 of 2
28
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 Extensions. 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 ofone-half of one {0.50%) 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 subcontractor
(attach additional sheets if needed)
29
NONCOLLUSION AFFIDAVIT
(To be~ Executed by Bidder and Accompany Proposal) ~ e
1
INSTALLATION 4F TRAFFIC SIGNAL AND LIGHTING SYSTEM ON STINE ROAD AT HARRIS ROAD
State of California )
)SS:
County of )
being first duly sworn, deposes and says that
Name
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."
Business Address
Telephone Number
Place of Residence
Subscribed and sworn to before me ,
this day of ,19
30
Accompanying this proposal is
h OTICE: Insert the words "cash ),"."cashier's check," "certified check," or "bidder's bond," as the M
case maybe), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the. foregoing proposal as principals are as follows:
IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the
president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of
all individual copartners composing firm; if bidder or other interested person is an individual, state first and
last names in full.
. 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 co oration, the legal name of the corporation shall be set forth above together with the signature
of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true
name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is
by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file
with the Cit Clerk of the City of Bakersfield prior to opening bids or sub'mitted.with the bid; otherwise, the bid will be Y
disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Dated ,19
31
BIDDER'S BOND TO ACCOMPANY PROPOSAL
• ~ 8
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT VVE
as principal, and
as sure are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, tY~
• dollars to be paid to said City, for which m the sum of
trul to be made• we bind ourselves, our heirs, executors and administrators, successors or assigns, payments, well and y ,
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 to
' TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above m the NOTICE
' irs executors administrators, successors and assigns, shall duly enter into and execute a contract, bounden prmc~pal, he ,
' rovements aforementioned, and shall execute and deliver the two bonds required by law, within to construct said imp
ten da s not includin Sunda) from the date of a notice to the above bounden principal, that said contract is ready for _ y( g Y
' ' n shall become null and void, otherwise it shall be and remain in full force and effect,
execution, then this obligatio
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
,19
(Seal)
(Seal)
(Seal)
32
STATE OF CALIFORNIA
ss.
COUNTY OF ~ ~ ~ _
On ,before me. _
~ersonaily appeared
Personally known to me
Pro~~lded to me on the basis of satisfactory evidence to be :.:e ^erson~ s) whose namet s 1 isiare subscribed
~o the within instrument and acknowledged to me that he ~:.e. they executed the same to hlsiherrtheir
authorized cat?acit~~ties), and that by hisiheritheir signa:~:e~s' on the instrument the person(s), or
the entity upon behalf of which the persons j acted, e ~e":ted the instrument.
wITti~ESS my hand and affixed my official seal
Signature of Notary y
OPTIONAL .
Though the data beloti~~ is not required by law, it may prove valuable to ~ ersons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAL~iED BY SIGNER DESCRIP'TION' OF ATTACHED DOCUI~NT
❑ INDIVIDL'.~L
CORPORATE OFFICER Title or Tvpe of Document
Title(s)
❑ P.ART:~'ER(Sl ❑ LIMITED
GENERAL Number of Pales
❑ .ATTORNEY-IN-FACT
. ❑ TRUSTEE(S)
❑ GUARDIANTrCONSERVATOR
❑ OTHER: Date of Document
SIG\'ER IS REPRESENTL'~'G:
NA`1E OF PERSOti'(S} OR ENTITY(IES}
Signers s) Other than Named above
33
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;
INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON STINE ROAD AT HARRIS ROAD
awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which
contract provides for the installation of lighting andlor traffic signal system , and under which contract the undersigned..
has furnished and installed such system, the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the
system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system
or any part thereof fail to operate properly, as planned, due to any, of the above causes, all within (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring
said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon
demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will
operate successfully as originally contemplated. ,
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done
by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work .performed by the undersigned, the undersigned
agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed
within Twenty-Four (24}hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence
to complete the work within a reasonable period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally
intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract.
Date Contractor's Signature
Firm
Address
34
GUARANTEE
MATERIAL AND WO~ANSHIP
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON STINE ROAD AT HARRIS ROAD awarded on
,between the City or Bakersfield (hereinafter referred to as "City"), and the undersigned,
which contract provides for the installation of
and other facilities and under which
contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our~own cost and expense, any and all such work, and/or
materials which may prove defective in workmanship or materials within a period of one (1) year from the date of
acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to re air
P and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good
such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due
diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period
of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or
the City's representative, or the. agent of either of them, to proceed to have such work done at our expense and we will
honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them.
DATE
Contractor's Name
Authorized Signature
35
SAMPLE SAMPLE
AGREEMENT N0.
• L
INDEPENDENT CONTRACTOR'S AGREEMENT
P THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY"
and , a Cal i ornia Cor oration, Hawaii Cor oration, Delaware
Corporation, 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, 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:
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. Current State of California DAS 140 Form
(if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows:
The compensation set forth in this paragraph shall be the total compensation for the services provided by
CONTRACTOR, including all out-of pocket costs incurred. CITY shall pay no fee other than the compensation listed in this paragraph unless otherwise agreed to in writing by the CITY.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of
an itemized invoice for the work completed and approved by City in accordance with the terms of this Agreement.
Payment by City to CONTRACTOR shall be made within thirty (30) days after receipt and approval by City of
36
CONTRACTOR's itemized invoice. However, where required by the City of Bakersfield Municipal Code a portion of
the payment will be withheld for the time and purposes set forth therein.
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 by a competent 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 may be 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 Agreement,
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 o~f Municipal, State, and Federal authorities now in force, or which may hereafter
be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this
Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may
hereafter be in force.
. 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 liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
37
property damage and personal injury, with limits of not less than one million
dollars.($1,000,0.00)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 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
J accident; and the 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 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 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 performed 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 employees against any and all liability, claims, actions, causes of action or demands whatsoever against
them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors of companies in the
performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part
by a party indemnified hereunder, except as limited by California Civil Code Section 2782.
14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and
therefore shall not be construed against any party.
15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally
served, or .sent by certified or registered mail, and be 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
38
Annex Building, 2nd Floor
1501 Truxtun Avenue
(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 performance of this Agreement. Such records and documentation shall be kept at 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 regulax business hours.
20. CORPORATE AUTHORITY. Each individual executing this Agreement
represents and warrants they are duly authorized to execute and deliver this 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.)
39
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
BOBPRICE
Mayor
Please Print or Type Name & Title
APPROVED AS TO FORM:
By
JUDY K. SKOUSEN
City Attorney
By
ALAN DALE DANIEL
Assistant City Attorney
APPROVED AS TO CONTENT: COUNTERSIGNED:
By By
RAUL M. ROJAS GREGORY J. KLIlVIKO
Public Works Director Finance Director
40
[To be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the. Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the
option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld b
Y Owner pursuant to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as .the "Contract").
When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the
Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall
be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract
between the Owner and Contractor. Securities shall be held. in the name of
and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be
withheld from progress payments pursuant to the Contract provisions, provided that the Escrow A ent hold
g 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.
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 an
Y time and from time to time without notice to the Owner.
41
6. Contractor shall have the right to withdraw all or any part of the rinci al in the Escrow Account onl b p p Y Y
written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that
Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall
immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and
that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent
shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow
Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and
payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections
(4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of
the Owner and on behalf of Contractor in connection with'the foregoing, and exemplars of their respective
signatures, are as follows:
On behalf of Owner; On behalf of Contractor:
Title Title
Name Name
Signature Si ature
1~
Address ~ Address
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On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. .
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first
set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
43
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
J
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 (PROJECT DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR BONDING
COMPANY , as Surety, are held and firmly bound unto the Owner in the sum of (100% OF AMOUNT
AWARDED AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned
Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and
any alterations made as therein provided, on his or their .part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and
save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and
void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought
on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of
the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators,
successors, or assigns shall .fail to make full, complete, and satisfactory repair and .replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of
said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of
the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in
this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as
any obligation of the Principal remains.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or. addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil
Code of the State of California.
As a part of the obligation secured hereby and in
addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including
44
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
d governing body.
Principal
(Seal) Signature for Principal Title
Surety
(Seal) ~ Signature for Surety ~ ~ Title
(Attach notarization form for each required signature.)
~5
I
MATERIAL LABOR BOND
KNOW ALL MEN BY TI~SE PRESENTS, THAT,
WI~REAS, TIIE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner", has, on Date of Council Meeting , 19 ,awarded to
Y Name of Contractor ,
a organized and doing business under and by virtue of the laws of the State of California,
hereinafter designated as the "Principal", a contract for Project Name ;and
WIIEREAS, 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, TI~REFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are
held and firmly bound unto the Owner the penal sum of 50 % of Amount Awarded at Council
Meeting dollars
. lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
TIC CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors, or assigns, 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 thereon of any kind or for
any amount due under the Unemployment Insurance Code with respect to work or labor performed under the
contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V,
Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is
required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided
that the persons, companies,. or corporations so furnishing said materials, provisions, or other supplies, appliances, or
power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any
person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall
have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not ,exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable
attorney's fees to the Owner as shall be fixed by the court.
46
This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their
respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil,
Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of 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 of this bond, and it does hereby waive notice of any change, extension
of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby
waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITI~IESS WI~REOF, the above mentioned parties have executed this instrument under their seals this
day of , 19 ,the name and corporate seal of each corporate parry being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) Principal
Signature for Principal, Title
(Seal) ~ Surety
Surety Address & Telephone
No.
Signature for Surety, Title
(Attach notarization form for each required signature)
47 ,
I
:r