HomeMy WebLinkAbout1997 Special Provisions Project T7K006CITY OF BAKERSFIELD '
CALIFORNIA
~10TICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
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TRAFFIC SIGNAL SEMI-ACTUATION UPGRADE ON
F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
BID OPENING:
C.
• .DATE April 34,1997
TIME 11.40 A.M.
PROJECT N0. T7I~O(1~
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DEPARTMENT OF PUBLIC WORKS 4 ~ CITY OF BAKERSFIELD
1501 TRUXTUN AVENUE W Theodore D. r~gh
~ BAKERSFIELD, CA 93301 ~ Civil En 'Weer
Telephone: (805) 326.3724 ~ ~ Q ~
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CITY OF BAKERSFIELD
DEPARTMENT QF~jJBLIC ~YQRKS
N TILE TQ C NTRACTQRS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City
Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on ApriL30. 1497 to be publicly opened
and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL SEMI-ACTUATION UPGRADE ON
F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
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.
1 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 bea:ring 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 carefi~lly, 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.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing traffic signal detector loops, pedestrian push buttons, and
pedestrian signal heads on F Street at various locations.
CITY OF BAKERSFIELD
RAUL M. ROJAS Public Works Director
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT ~F PUBLIC W RKS
$P ~..1AL. PRQViSt NS
SECTION 1-DEFINITIONS AND TERMS
1-1-.O1 GENERAL. This work embraced herein shall be done in accordance with the ,Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard
Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions
shall take precedence over and be used in lieu of such conflicting portions .
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Defuutions 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, Defynition of Terms of the Standard Specifications.
SECTION 2. PROPOSAL REQtJ~IREMENTS
2-1,01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California,
will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on ~
sealed proposals for
TRAFFIC SIGNAL SEMI-ACTUATION UPGRADE ON
F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
2-1,02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done
and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of
Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work
that may be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and
specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions
to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of
a proposal shall be considered prima facie ei~idence 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
X10 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 l l2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The
bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its
provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautionu~d 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.
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2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the
specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly or
obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or
c performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such
omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the
time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing
Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the
public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed
in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the
time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders 'and in particular to the requirement therein, that if the bidder
claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening
of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 37ti, 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 ih 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.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than
one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm,
partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among 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.
AV~ARD AND EXECUTION OF CO CT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible 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 XN, Chapter 2, Article b 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 324$ 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, conside .ring 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 certificate 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 &
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 sha11 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 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 -
BEG G OF WORK TIME OF C OMPLETION AND
LIQUIDATED DAMAGES
4-1,01 GENERAL, Attention is directed to the provisions of Section 8-1.03, "Beginning of Work,"
Section 8- l .Ob, "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 ZQ 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 $?~(10.~0 per day for each and every calendar day's
delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as included in
the prices paid for the various items of work and no additional allowance .will be made therefor.
The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical
materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen (15} calendar days from the date of the contract. Said statement shall show the date or
dates the electrical materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all components
necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will not
be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing time should approval be .given to begin prior to delivery of all signal systecomponents.
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.
r
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SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract
Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions
of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in
this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code.
In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding
an amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds
twenty-five percent (25 of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the
following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer.
If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the
finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to
read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in
writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no
event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the~first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice
to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer
will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor
shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that
said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The
Contractor and. all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, 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
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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. FII+,TY 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 ($2~ 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-I.OIA(3), "Payroll Records,"
of the Standard Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
(Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing
Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity
requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-I.OIA(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 Depar~nent of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division,
within two (2) working days following the bid opening.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code
which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000) for excavation of any trench or trenches 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
10
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 o its
employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same meaning as
in Labor Code Sections 1720 and 1722 respectively.
5-1.49 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not
exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for
complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not
limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud
sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of
personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay
all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any
and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business
license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours, from 7:00 A.M. to
4:30 P.M. Mondav through Fem. 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
' 'ts. Any time work proceeds, which requires inspection services for more than a nine and one-half (9.~ 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 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.
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5-1.13A 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 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.
5-1.138 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. AL~r~mohile liability insLrance, 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 commerci 1 general liability insLrance, 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 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 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.
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5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE.
Section 7-1.1b5, "Damage by Storm, Flood, Tidal V~ave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance
regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the
City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of
the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the
Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified
and intended in and by the terms of the contract, notice thereof .in writing will be served upon him, and should he neglect
or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time
specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract.
Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City
Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary
workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the
.Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof.
Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his
sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the
terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from
liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the
contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any
surplus remaining after all just claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the contract as to
warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other
conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem .
necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the
work, 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.
5-1.24 PAYMENTS. Attention is directed to Sections 9-1.Ob, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article
9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
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The City may withhold fiuids, or because of subsequently discovered facts, nullify the whole or any part of
any certificate for payment, to such extent as may be necessary to .protect the City from loss due to causes
including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract. '
when any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims, of the Standard Specifications is
amended to read:
The Director will make the final deternvnation ~of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written
recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the. amount of work
done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The
final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF
COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the
attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract,
either wholly or in part, against .any claim of the party of the first part, and no payment shall be construed to be an
acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City
Council; and the Engineer from any and all claims or liability on account of work performed under the contract or any
alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the
following paragraphs of the Standard Specifications is replaced with the words "unit price"
Third paragraph of Section 18-1.05, "PAYMENT" . Fourth paragraph of Section 24-1.11, "PAYMENT".
Eleventh paragraph of Section 39-8.02, "PAYMENT" .
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers
and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are
encountered during this project. .
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SECTION 6 CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the
character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work,
for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized
standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or
disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements
in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply
within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time
of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source
of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits .for borrow, disposal or material sites from the authority having
jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the
requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the
conflicting requirements of this section provided the permit requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites
and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials
or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliances
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SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1,01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
When initially installed, all pedestrian signal faces shall be aimed and covered with cardboard or other
material with an observation hole (max. 1 " dia.) in front of each signal indication. The covers shall remain in place until all
signal operations have been checked and signal is placed fully into operation. Signals are to remain in operation until signal upgrade modifications are in place and electrical connections are to be made. Signals may be placed in flashing
mode between the hours of 8:30 A.M. and 4:30 P.M. only.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal control
shall be completed and all signs shall be in place.
7-1,02 OBSTRUCTIONS. Attention is'directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements that are to
remain in place within the construction area or that are to be relocated and relocation operations have not been completed.
In accordance with the provisions of Article 7-1.11, "Preservation of Property," and 7-1.12, "Responsibility for Damage,"
of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and
improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage
such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other
improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his
operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
forces. . Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located
on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays
may be allowed.
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 andlor 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 considered as
included in the prices paid for the various items of work and no additional allowance will be made therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article shall be
considered as included in the prices paid for the various items of work and no additional compensation will be made therefor.
7-1,03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights,
16
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.
~tre~t Direction of Travel Ho]lrs
17TH STREET BOTH 8:30 - 4:30
18TH STREET BOTH 8:30 - 4:30 9TH STREET BOTH ~ 8:30 - 4:30
21ST STREET BOTH 8:3.0 - 4:30
Where construc~on 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 not less than two such lanes shall be open
for use by public traffic. Public traffic may be permitted to use paved 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 or paving of shoulders necessary for the accommodation of public traffic thereon during
construction operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the
Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing
(Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public
traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18,
and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by
the Engineer at least 48 hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor.
7-1.04 TRAFFIC DELINEATION. Immediately after any construction where delineation is obliterated or
when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during the same work
period, and in no case later than 7:30 a.m. following such work period.
Temporary delineation shall consist 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 "T4M" 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.
17
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.
7-1.45 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing
facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers
shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the~City Corporation Yard at
4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included
in the prices paid for the various items of work and no additional allowance will be made therefor.
7-1.06 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section
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.
PAYMENT. 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 allowance will be made therefor.
7-1.07 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from
originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry
enough to permit dust formation.
2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions
beyond the control of the Contractor shall not relieve the Contractor from his responsib' 'ty for dust control a~s set forth
herein.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered a~s
included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7-1.08 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in
excavation which he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety
Code, he shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous
material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 8-1.07, "Liquidated Damages," of
the Standard Specifications.
18
If such suspension delays the current controlling operation more than 2 working days, the delay will be
considered a right of way delay and the Contractor will be compensated for such delay as provided in Section 8-1.09, "Right
of Way Delays," of the Standard Specifications.
The Department reserves the right to use other forces for exploratory work to identify and determine the
extent of such material and for removing hazardous material from such area.
7-1.09 ROADSIDE SIGN PANEL ON NEW POST. Existing roadside sign panel, at locations
shown on the plans to be removed and re-installed on new post (GSP Post). Roadside signs shall conform to the provisions
in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneoas roadside signs shall conform to City Standard T-19. Where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be
permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat
finish as directed by the Engineer. Signs shall be installed as shown on the plans. Sign panels shall be
mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs
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.
Warningand R~~latnrv suns 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.
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP Post).
MEASUREMENT AND PAYMENT. Full compensation for removing and re-installing sign panels on new posts shall be considered as included in the contract unit price paid each for Install Existing Roadside Sign Panel
on New Post (GSP Post) and no separate payment will be made therefor.
7-1.10 REMOVE CONCRETE. Removing concrete shall conform to the provisions. in Section 15,
"Existing Highway Facilities," lb, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-Made
objects," of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of
Material Outside the- Highway Right of Way," of the Standard Specifications.
MEASUREMENT AND PAYIV~NT. Full compensation for conforming to the requirements of this article shall
. be considered as included in the various .items of work and no additional compensation will be made therefor.
19
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either 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 one (1 }
sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement
surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial quality
paving asphalt and aggregates. .
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt
concrete shall be performed by any method which will produce an asphalt concrete surface of uniform
smoothness, texture, and density.
4. All excavated areas in the pavement shall be backfilled 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.
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 jackingldrilling are necessary. Removal and replacement of entire sidewalk area for jackingldrilling 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.
PAYMENT. Full compensation for installing traffic signal conduit, cable, pull rope, wiring, pull
boxes, "LB" connectors, sidewalk replacement, excavation, boring, trenching, backfilling and pavement patching, shall be considered as included in the contract lump sum price paid for Modify Signal and no separate payment will be made
therefor. ,
7-2.02 PULL BOXES. Pull boxes shall conform to the provisions in Section 8b-2.06, "Pull Boxes,"
of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
MEASUREMENT PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the contract lump sum price paid per Modify Signal and no additional
allowance will be made therefor.
7-2.03 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions
in Section 8b-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan
20
ES 13.
Splices shall be insulated by "Method B. "
7-2.04 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
t
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.14C "Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in
SECTION 4, "BEGIr~NING OF WORK, TIME OF COMPLETION AND LIQUIDATED
DAMAGES" of these special provisions.
7-2.05 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.
MEASUREMENT PAYMENT. Fu11 compensation for conforming to the requirements of this
article shall be considered as included in the contract lump sum price paid per Modify Signal and no additional
allowance will be made therefor.
7-2.06 PEIESTRIAN PUSH BUTTONS. Pedestrian Push Buttons shall conform to the
provisions in Section 86-5.02, "Pedestrian Push Buttons," of the Standard Specifications.
MEASUREMENT PAYMENT. Full compensation for conforming to the requirements of this
article shall be considered as included in the contract lump sum price paid per Modify Signal and no additional
allowance will be made therefor.
7-2.07 DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the
Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the
Engineer.
21
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Construction
Materials," of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be
soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and
insulate the other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered
to the conductor.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5},
"Installation Details," of the Standard Specifications and these special provisions. .
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming
to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 118 inch of the pavement
surface. The sealant shall be at least 112 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
1. An elastomeric sealant conforming to Section 8b-5.01 A (5) of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 8b-5.01A (5) of the Standard Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L,
8J8U, 3I5U, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or
approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
PAYMENT. Detector loops will be paid for at the contract lump sum price per Modify Signal at each
intersection. The respective contract lump sum price paid per intersection shall inculde full compensation for furnishing
all labor, conduits, conductors, wiring, detector lead in cables, pullboxes, pull rope, "LB" connectors, sawcutting,
sidewalk replacement, excavation, trenching, backfilling, pavement patching tools, equipment, incidentals and all the work involved for installing traffic detector loops.
7-2.10 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the
date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of
completion and final acceptance is made by the City of the work described on the plans and these special provisions.
MEASUREMENT PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the contract lump sum price paid per Modify Signal and no additional
allowance will be therefor.
22
8040-41A-15
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled, asphaltic emulsion for
use in sealing inductive wire loops and leads imbedded in asphalt and portland cement
concrete. This sealant is suitable for use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the Invitation to
Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective
Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR.
3.0 REQUIREMENTS
3.1 Composition
_ . ~ The composition of the loop sealant shall be a sand filled,,pourable, water emulsified bitumen. It will be
.the manufacturers responsibility to produce aone-component product to meet the properties specified
herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM ~ D2939
3.2.2 Ash content, weight percent 50 to b5 Use ASTM D2939
-1-
23
Asphaltic Emulsion Inductive Loop Sealant 8040-41 A-15
3.2.3 Firm set time, hours, 4
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 + 1- Sdeg. F. and 50 + I -
10 % relative humidity. Condition mandrel and
specimens 2 hours at 75 + 2deg. F. before test.
Use aluminum panels, 0.03 inches thick (Q panel or equal).
3.3.2 Tensile Strength, psi, 20 minimum
cast sheets 0.25 inches thick and air dry at
75 +l- Sdeg.F, 50 +/-10 % relative humidity
for minimum of 16 hours. Load rate 0.05 inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 nvnunum, Use California Test Method No. 434, Part VIII. Space with no loss
damp blocks with 0.25 inches between slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete
sample, strike off the excess. Dry in 140deg.F oven to
constant weight and condition 1 day at 75 ±I- 2deg.F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering,
Use ASTM D2939, Alternative B re-emulsification
or loss of
adhesion
3.4 Worlnnanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to
the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as
described above or due to any other cause, the sealant shall be .considered unfit for use.
24
Asphaltic Emulsion Inductive Loop Sealant 8040-41 A-1 s
3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred
in replacing material that is unfit for use. The properties of any replacement material, as specified in
Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California
in effect at the time the sealant is manufactured.
4.o QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99,
or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and
application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall be
furnished in container size as specified in the purchase order. or contract. If ordered in 5 gallon size the
.containers shall be new, round standard full open head with bails, shall be nonreactive with the contents,
and shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers name, date of
manufacture and .manufacturers batch number.
The manufacturer shall be .responsible for proper shipping labels as outlined in Code of Federal
Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
25
Asphaltic Emulsion Inductive Loop Sealant so4o-~ 1 A-1 s
b.0 NOTES
b.l Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and
hand poured into the slots. Due to the sand content of this material, pumping is not recommended. Any
clean up of road surface or tools can be done with water, before the sealant sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or
processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of
California, and its duly authorized representatives, from all suits at law or action of every nature for, or on
account of, the use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with
the provision of Section b-1.07 of California .Department of Transportation Standard Specifications, July
1992.
26
PROPOSAL
FOR
TRAFFIC SIGNAL SENII•ACTUATTON UPGRADE ON
F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are
those named herein: that this proposal is made without collusion with any other person, firm or corporation; that he has
carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein
referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide ail necessary machinery, tools, apparatus and other means of
construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the
above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the
manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he
will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds,
within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the
proceeds of the check or bid bond accompanying his bid shall become the property of the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
The bidder shall clearly list any and all addenda numbers received for the project above and on the lower left hand
corner of the sealed bid return envelope.
Item ESTIMATE i.'NtT OE ITEM j~IT EX1'ENS
MEASURE
I. 2 EA Install Existing Roadside Sign
Panel on New Street
Post (GSP Post)
2. 1 LS Modify Signal (F Street at 17th
_ Street)
3. 1 LS Modify Signal(F Street at 18th
Street)
4. 1 LS Modify Signal (F Street at 19th
Street)
SIGNED
Bidder
Page 1 of 2
27
PROPOSAL
FOR
TRAFFIC SIGNAL SENII-ACTUATION UPGRADE ON
F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
ITEM ESTIMATED CHIT OF ITEM LT1IT PRICE EX1'ENSI N0. QUAIti"TITY MEASURE (m Figures) ON
PRICE
5. 1 LS Modify Signal (F Street
at 21st Street)
SIGNED TOTAL $
Bidder
Company
Address .
P.0. Box
City State Zip Code
( }
Area Code Telephone Number
License No. and Expiration Date .
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY y
Page 2 of 2
28
PROPOSAL
FoR
TRAFFIC SIGNAL SENII-ACTUATION UPGRADE ON F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
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 locatYOn of the mill, shop or office of each subcontractor who will perform work or labor or render service to the
Contractor in or about. the construction of the work or improvement in excess of one-half of one percent (.5 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 (Gifu, StatPw 7.inl .
of work subcontracted
(attach additional sheets if needed)
29
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
TRAFFIC SIGNAL SEMI-ACTUATION UPGRADE ON
F STREET AT 17TH, 18TH, 19TH AND 21ST STREETS
State of California)
)SS:
County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has. not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, ,communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or .indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid." Under penalty of perjury, the bidder declares that neither the bidder nor any
subcontractor to be engaged by the bidder for this project has been convicted of any offense referred to in .the California
Public Contract Code.
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of ,19
Page 1 of 1
30
To the State of California, Department of Transportation.
NONC_OL.L.tISInN A FF 1DAViT (Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that
the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that
the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on
the signature portion thereof shall also constitute signature of this Noncollusion
Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
31
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case
may be), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
.................................................................•s.........................•e.....................•..............................•
• ................................................•.....•.......•e......................•.................................••..............................
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
n 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 City Clerk
of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Dated 19.....
32
BIDDER' S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate
f the State of California, in the sum of dollars to
paid to said City, for which. payments, well and truly to be made; we bind ourselves, our heirs, executors and
'strators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in
e NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden
rincipal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to
onstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ys (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for
xecution, .then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands an
eels this day of , 19
(Seal
(Seal
(Seal
Page 1 of 2
33
STATE OF CALIFORNIA ) ss.
COUNTY OF )
On before me,
Date
personally appeared
Personally known to me
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that helshe/they executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary ________________________OPTIONAL=====________________
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIlVIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDNIDUAL
❑ CORPORATE OFFICER
Title or Type of Document
Title(s)
❑ PARTNERS(S) ❑ LIMITED
' ❑ GENERAL
Number of Pages
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ ~ GUARDIANICONSERVATOR
❑ OTHER: Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES) Signer(s) Other than Named above
Page 2 of 2
34
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC' SINAI, $F.M1-A TI1ATi0N IIPGRADF, nN F $TRF.FT AT 17TH; 1 RTH 19TH AND 21ST
$TR , .T$
awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned,
which contract provides for the installation of lighbnp and/or traffic sia_n_al system ,and under which contract
the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should
the system as a whole prove defective, due to faulty worlonanship, 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
35
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC $DIAL.._SE~-A~T[IATIC~LI~'.~RADE ON F STREET AT 17TH; 1 RTHT 19TH .AND 21ST
~ ~ S~ 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 repair and/or replace,
at our own cost and. expense, any work and/or materials that we may disturb or displace in making good such defects.
Withintwenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of
either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work
necessary to fulfill the terms. of this guarantee and to complete the work within a reasonable period of time, and in the
.event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and
pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction
project and the City's representative, and shall be enforceable by either of them.
DATE
Contractor's Name
Authorized Signature
36
SAMPLE SAMPLE
AGREEMENT N0,
~ ~.P . i.NT C'nNTRACTnR'S A~TREEMENT
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 ( ~ ' • '
' ' ' 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, S _OP ~ QE_W RK, The scope of work is described as:
. The scope of work shall include all items and
procedures necessary to properly complete the task CONTRACTOR has been hired to perform,
whether specifically included in the scope of work or not.
The following shall be deemed to be part of this agreement as if fully set
forth herein:
A. Notice to Contractors
B. Special Provisions
C. Bid Proposal
D. Bidder's Bond
E. Performance Bond
F. Material and Labor Bond
G. Letters of transmittal, if any
H. All provisions required by law to be inserted in this contract whether
actually inserted or not.
I. Current State of California DAS 140 Form
(if required by Specifications)
37
2. SOMP~N ~ ATION. 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 PRO~F.D[IgF~. 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
recei t and a royal b City of CONTRACTOR 's itemized invoice. However, where required by p Pp y
the City of Bakersfield Municipal Code a portion of the payment will be withheld for the time and
purposes set forth therein.
4, ATV +.R ~ D ~ ATILT, 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. LICE~ES. 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, MF.R T .R AND MODTI+'~CATInN, This Agreement sets forth the entire Agreement between
the parties and supersedes all other oral or written representations. This Agreement may be
modified onl in a writing approved by the City Council and signed by all the parties. Y
S. EDITS. 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. TERMINATi(}~ 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. ~'OMP .IANCF. WT7'H ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost,
comply with all of the requirements of Municipal, State, and Federal authorities now in force, or
which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all
activities relating to or growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations now in force or which may hereafter be in force.
38
11. IND .P +~NT CQlyTRACT(lR. 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, ILIL~URA CE. 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 (nbasic insurance requirements" herein):
a. ~utomQhile liabili v 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. ~ Rrnad farm cnmmercihene~al liahili~v ins ~~ance, 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. nrkers' .mm~ensation 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 to the City, its mayor, ~ .
council officers a ents, em to ees, or volunteers and any insurance or self insurance maintained
g p y 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.
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 39
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. IND 11LT_Y. 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 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.
14. F.X .~~ON. This Agreement is effective upon execution. It is the product of negotiation
and therefore shall not be construed against any party.
15. + .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
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, CA 93301
(805) 326-3724
CONTRACTOR:
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 40
16. .Any lawsuit pertaining to any matter arising under, or growing out of, this
contract shall be instituted in Kern County, California.
17. ASSICTNM . This contract shall not be assigned by any party, or any party substituted,
without prior written consent of all the parties.
18. 7 • + +.CT. 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. ACCns..1]yTi111CT R .C RDS. 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 regular
business hours.
Z0. C_ R~fJRATE AtJ~RiTY. 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 corporations Yes No
(Please check one. )
IN WI7C~~ESS WHEREOF, the parties hereto have caused this Agreement
to be executed, the day and year first-above written.
"CITY" ~ "CONTRACTOR"
CITY OF BAKERSFIELD
By By
BOB PRICE
Mayor
Please Print or Type Name & Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 41
City Attorney
By
ALAN DALE DANIEL
Assistant City Attorney
P, APPROVED AS TO CONTENT: COUNTERSIGNED:
By By .
RAUL M. ROJAS GREGORY J. KLIMKO
Public Works Director Finance Director
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 42
[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
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 EscrowAgent agree as
follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has
the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and
Contractor for
in the
amount. of dated (hereinafter referred to as the
"Contract'. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow
Agent shall notify the Owner within ten X10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as
retention undertheterms of the Contract between the Owner and Contractor. Securities shall beheld in
the name of ,and shall designate the Contractor
as the beneficial owner.
2. The Owner shall make progress payments to the Contractorfor such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent-hoid securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention
forthe benefit of the Owner until such time as the escrow created hereunder is terminated.
-1-
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 orthe money market accounts held in escrow and all interest
earned on that interest shall be forthe sole account of Contractor and shall be subject to withdrawal by
Contractor at any time and from time to time without notice to the Owner.
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 43
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow
Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow
Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the
Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and
_ complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow
fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of
all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to
Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent
harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on
behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their
respective signatures, are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 44
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner anal Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above..
Owner Contractor
Title Title
Name Name
Signature Signature
_3_
INDEPENDENT CONTRACTOR'S AGREEMENT FOR CONSTRUCTION PROJECTS
FORMAL BIDDING PROCEDURES. 45
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
t
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 undertheterms of said contract to furnish a bond
forthe faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and (LEAVEBI..AI~CFOR
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 ortheir 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 andlor
faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall
remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the
obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
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 orto the work to be performed thereunder orthe
specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract
or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by the Owner in successfully enforcing such obligation, all to be taxed as~ costs and included in any judgment
rendered.
46
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals
this day of , 19_, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned .representative,
pursuant to authority of its governing body.
Principal
(Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
47
Page 2 of 2
MATERIAL -LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation,
hereinafter designated the "Owner", has, on Date of CoLncil Meeting , 19 ,awarded to 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 Proiect Name ;and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said
Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in,
upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any
kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW,1'HEREFORE, WE, the Principal, and 1.eAVe Bl nk for Bonding Comn~ny , as Surety, are held
and firmly bound unto the Owner the penal sum of 50,E of Amount Awarded at Council Meeting
dollars $ lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by .these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if 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.
48
This form should be sent ~ io the Joint Apprenticeship Committee
of the craft or trade in the area of the site of the public work. If you have any questions as to the address of the appropriate P U B Ll C WORKS
Joint Apprenticeship Committee, contact the nearest office of
he Division of Apprenticeship Standards (DASD. consult your CONTRACT AWARD INFORMATION alephone directory under California, State of, Industrial
Aeiaaons, for the DAS office in your area.
NAME OF CONTAA~CTOA CONTRACTOR'S STATE LICENSE N0.
CONTRACTOas HALING ADDRESS - NUMBER a S?REET, CITY, ZIP CODE AREA CODE S TELEPHONE No.
NAME b LOCATION of PUBLIC 1MORKS PROJECT GATE OF COIYTRAC7 awARO
DATE OF EXPECTED OA ACTUAL START OF PROJECT
NAME S AGGRESS OF PUBLIC AGENCY AWARDING COMRACT ESTIMATED NUIu~EA OFJOUAN~YMEN HOURS
APPRENTICES
' OCCUPATgN OF APPRENTICE NUtiBEA TO 8E EMPLOYED APPROXIMATE GATES TO 8E EMPLOYED
f
~ Check One Of The Boxes Below:
Box 1 We request dispatch of apprentices) for this job. We voluntarily choose to comply with the applicable Joint Apprenticeship Committee Standards for the duration of this lob only, in training the apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws.
Box 2 We request dispatch of apprentice(s) for this job. We do not wish to follow the applicable Joint
Apprenticeship Committee Standards m .training the apprentices; instead, we agree to employ and train
apprentice(s) in accordance with the California Apprenticeship Council regulations governing employment of
apprentices on public work projects. Vile assume no other obligations to the committee or unions under State or Federal laws.
Box 3 Q We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards. _
Box 4 ~ We do not request the dispatch of apprentice(s) since apprentices are not required on this job under the
provisions of California Labor Code .Section i 777.5, because:
Signature '
Typed Name
I
Title ~ Date
State of California -Department of Industrial Relations
OAS 140 (New ~iso~ ~ DIVISION OF APPRENTICESHIP' STANDARDS