HomeMy WebLinkAbout1997 Special Provisions Project T8K068
CITY OF_BAK.ERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
:FLASHING `YELLOW BEACONS ON
STINE ROAD AT RIDGEVIEW HIGH SCHOOL
BID OPENING:
DATE: November 20,1997
TIME 11:00 A.M.
':PROJECT N0. T8K 68
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DEP NT F ARTME 0 PUBLIC WORKS I
CITY OF BAKERSFIELD c, 0~~ ~
1501 TRUXTUN AVENUE ~ ~jyjl EggIA~~
BAKERSFIELD, CA 93301 33 1 ~
Telephone: (805) 32E-3724 3 ~Q~
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
J SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer,
Crty. Ha11,1501 Truxtun Avenue, Bakersfield, California, Until l l :00 o'clock A.M. on November 20,1997 to be publicly
opened and read immediately thereafter in the City Council Chamber, for the following work:
FLASHING YELLOW BEACONS ON STINE ROAD AT RIDGEVIEW HIGH SCHOOL
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 PurchasingOfficerwithintwenty-one (21) days from
date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-
receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the
deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the
..provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid
must beaccompanied by aproposal-guarantee in accordance with the requirements of article 2-1.07 of the said Section 2
of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work
described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the
provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit
accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The
.request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for
Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is
awarded.
The. proposed work shall be done in accordance with the Standard Specifications of the Department of
Transportation, Business and Transportation Agency,. dated July, 1992, insofax as the same may. apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the .Contractor shall not
pay less than the prevailing rate of wages to workers on this project as .determined by the Director of California
Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the
City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
A sample contract is include in this bid package. Please review it carefully, this is the contract the Contractor shall be
expected to execute without alteration. If any changes are .desired they must be submitted to the City for approval. If approved, the changes will be issued to all prospective contractors.
Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal.
Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the
retaining of a different contractor by the City.
I '
GENERAL .DESCRIPTION OF WORK
The work to be performed consists, in general, of installing flashing yellow beacons on Stine Road at Ridgeview High School.
CITY OF BAK~ERSFIELD
RAUL M. ROJAS
Public works Director
- ,
i .
CITY OF BAKERSFIELD, CALIFORNIA
DEPA TMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.Ol 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.
Incase of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the
intent and meaning shall be as follows:
City - ~ -City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer - TheCityEngineer, acting either directly orthrough~properly authorized agents, such agents
acting-within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business,
Transportation. and Housing Agency, dated July, 1992.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not
apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions,
shall. have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications.
SECTION 2. PROPOSAL RE IJ~REEMENTS Q
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
Novem er 20. 1997 sealed proposals for
FLASHING YELLOW BEACONS ON STINE ROAD AT RIDGEVIEW HIGH SCHOOL
2-1.02 APPROXIMATE ESTIlVIATE. 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 carefull the site of work the
Y proposal,. plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is
satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and
materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is
mutually agreed that. the submission of a proposal shall be considered prima facie evidence that the bidder-has made
such. examination.
2-1.04 R.F.JECTION OF PROPOSALS CONTAINING ALTERATIONS,
ERASU~ OR I)~REGULARITIES. 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 GU~TEE. All bids shall be presented under sealed cover and shall be
.accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten
percent (10 of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each ro osal
Pp shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract
portions of the work in the amount of 112 of one percent of his total bid or $10,000, whichever is greater, in
accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public
Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties
for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this.listing requirement is in addition to the requirement to provide a list of
DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the
.specifications, shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly
or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or
performed, shall not relieve the Contractor of his responsibility ,for furnishing such omitted materials or performing L 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 376, Stats, 1985) provides as follows:
Any state agency may suspend, for a period of up to .three years, from the date of conviction,
any person from bidding upon, or being awarded, a public works or services contract with the
agency under this part or from being a subcontractor at any tier upon the contract, if that
. person, or any partner, member, officer, director, responsible managing officer, or
responsible managing employee thereof, has been convicted by a court of competent
jurisdiction.of any charge of fraud, bribery, collusion, conspiracy, or any other act in .
violation of any state or federal antitrust law in connection with the bidding upon, award of, or .performance of, any .public works contract, as defined in Section 1101, with any public
entity, as defined in Section 1100, including for the purposes of this article, the Regents of
the University of California or the Trustees of the California State University. A state agency
may determine the eligibility of any person to enter into a contract under this article by
requiring the person to submit a statement under penalty of perjury declaring that neither the
person nor any subcontractor to be engaged by the person has been convicted of any of the
offenses referred to in this section within the. preceding three years.
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.
AWARD. 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. r
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made
within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible
bidder.
3-1.03 CONTRACT .BONDS. The Contractor shall furnish two good and sufficient bonds insured
by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 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
3248 of .the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of
the. claims of .laborers and material men, become insufficient, or the City has cause to believe that such surety or
sureties -have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds
or additional urety, not exceeding that originally required, as is considered necessary, considering the extent of the
work remaining to be done. Thereafter no payment shall, be made upon such contract to the Contractor or any assignee
of the Contractor .until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder
and returned, together with .the contract bonds .and 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
shall be considered binding upon the City until the execution of the :contract. All contracts shall be considered as being
made and entered into in the City of Bakersfield, California.
Failure to execute a contract, file acceptable bonds 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 RET[jRN 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 beheld 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 ~ OF COMPLETION AND
LI UIDATED DAMAGES Q
. 4-1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of
Work," Section 8-1.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 ~Q working days.
Contract working days will commence from the date the Contractor begins
work or the 15th calendar day from the date of the written notice to proceed,
whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $200.00 per day for each and every calendar
day's delay, in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as included
in the prices paid for the various items of work and no additional allowance .will be made therefor.
The Contractor shall furnish the Engineer with a .statement from the vendor that the order for the
electrical .materials required for this contract has .been received and accepted by said vendor, and .said statement shall be furnished within fifteen (15) calendar days from the date of the contract. Said. statement
shall show the date or dates the electrical materials will be shipped.
No.work shall begin on theproject without prior written approval of the Engineer until all components
necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will
not be assessed with liquidated damages or .the cost of engineering and inspection for any portion of the delay in
completion of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components. The number of days extension shall be the working days between the date as determined according
to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon
..receipt of all.components, the Contractor shall notify the Engineer in writing and the Engineer will order start of work
in writing.
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sEC T~oN ~ - GENERAL
5-1.01 STATE CONfTRACT 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 erformance of the P
work called for in this contract shall not be construed as an election- by the City to proceed under Section 2039b 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.~3 CONTROL OF V~ORK. Control of work shall confom~ 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 addin the
g 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 an y
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 an Y 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 r uirements in e9
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 followin ara rah -
gP g P .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 perfomung 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
9
.Department of Industrial Relations, and his schedule of prevailing rates is on file and available for in~►pection in the
.:Public Works Department. The schedule is incorporated herein by this reference. The City shall have the ri ht to g
in.~pect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor
shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this
contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per week, except
as provided in Section 1815 of the Labor Code.
5-1.45 PAYROLL RECORDS. The fourth paragraph in Section 7-1.OlA(3), "Pa roll Y
Records, " of the Standard Specifications is deleted and shall not apply to this contract.
5-l.Ob LABOR NONDISCRIMINATION. Attention is directed to Section 7-I.OIA(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 Department of Industrial Relations, Division of Apprenticeship Standards. on
..the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division,
within two (2} working days following the bid opening.
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 felt or more in depth, the
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Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the
design of shoring, bracing, sloping or other provisions to be made for worker protection during the
excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been reviewedby the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders of
the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less,
effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its
employees. .
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same meaning
as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.01I, "Sound Control Requirements, " of the Standard Specifications and these special
provisions.
The .noise level from the Contractor's operations, between the hours of x: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, includin but
g not limited to trucks, transit mixers or transient equipment-.that may or may not be owned bythe 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 PE][tNIITS -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 WOR,KIlIIG HOURS. Contractor shall limit his field working hours from :00 . to
4:30 P.M. Monday throu~h~ Friday. Any deviations must be requested. and in writing and .directed to the Construction
Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work beyond these limits. Any time work proceeds, which requires inspection services for more than a nine and one-half (9.5)
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
11
Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been
filed and. approved by the City Risk Manager and• the Public works Department. Contractor shall be responsible for
any deductibles under-all required insurance policies.
5-1.13A ll11D~M[1111ITY, CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, a eats
g 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.
5-1.13B INSURANCE. In addition to any other insurance or bond required under b this A regiment the y g CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of
insurance ("basic insurance .requirements") herein:
a. Automobile liabiliur,.~, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits of not
less than one million dollars ($1,000,000} per occurrence; and the policy shall:
1) Provide coverage for owned, non-owned and hired autos.
2) Provide contractual liability coverage for the terms of this Agreement.
b. Broad form commercial ge_ Hera ~ ` ~ ~ ~„~~su_, 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 i~urance 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 orself-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.
12
The Contractor shall furnish the City Risk ~Vlanager 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 A Bement is subcontracted the "basic ,
insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City has
approved lesser insurance requirements for Contractor.
5-1.14 CONTRACTOR'S AUTHORITY. At the 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 7-1.165, "Damage by Storm, Flood, Tidal Wave 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 laps and included in p
-these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City
Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations incompliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by
the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him
outside of the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council,
the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper
quality, or has failed in any other respect to prosecute the work .with the diligence and force specified .and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he
neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within
the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the
contract. Upon receiving notice of such suspension, the Contractor shall. discontinue said work, or such parts of it as
the.: City Council may designate. Upon such suspension, the Contractor's control shall .terminate, and thereupon the
City Council, or its duly authorized representative; may- employ other parties to carry the contract to completion, .employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in
such .manner as the Engineer may deem proper; or the City Council may annul and cancel the 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, dui 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
13
. deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions
of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer.
..5-1.20 PAY~VIIENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not inco rated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of
Article 9-1.078, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part . ~ of any certificate for payment, to such extent as may be necessary to protect the City from loss due to
causes including but not limited to the following:
-a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.078, "Final Payment and Claims," of the Standard Specifications is
amended to read:
. The.Director will make the final determination of any claims which remain in dispute after com letion
p 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 executionand 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 Cit ,the Y
City Council, and the Engineer from any and all claims or liability on account of work performed under the contractor
any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES* The word "com ensation" in p
14
the following paragraphs of the Standard Specifications is replaced with the words "unit rice": P
Third paragraph ~ of Section 18-1.0~, "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 beheld res ns'b
po i le for lus workers ~ and subcontractor's well-being ..and their education of handling hazardous materials when hazardous materials
are encountered dunng this project.
15
SECTION 6 ~ ~ON~TROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section b, "Control of
Materials," of the Standard Specifications and these special provisions..-
. At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of
the character and quality prescribed shall be submitted by the contractor or producer of all materials to be'used in~ the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized
.standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SI7['ES. 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 Compliance.
16
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK, Order of work shall conform to the rovisions in Section S-1
p .05, "Order of Work," of the Standard Specifications and these special provisions.
When initially installed, all vehicle 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 into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the beacons
control shall be completed and all signs shall be in place.
For accessibility purposes, all sidewalk at and around the controller and service edestal must be P
completed for a minimum of two days prior to signal turn on and commencement of the Functional Test.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 5-1.10 "Utilit and Non- ' y 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-l. l 1, "Preservation of Property," and 7-1.12,
"Responsibility for Damage, " :of the Standard Specifications, the Contractor will be liable to owners of such facilities .::;and improvements for any damage or interference 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 ma be en a ed in
Y gg 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 mariner 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 326-3117 for the purpose of ascertaining the locations and current
operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The
.Contractor shall be responsible for. repairing and reconnecting severed or damaged lines and/or wiring and replacement
of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the
Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration
of irrigation interruption.
Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and
they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will
be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be
considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
. 17
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 N[~►INTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement
of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set
forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work
Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall
be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location
and~progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Direction of Travel
NINE ROAD BOTH 8:30AM-11:30AM
where construction operations are actively in progress, a minimum of one traffic lane shall. be open for use by
public traffic. Where constriction 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 fihe 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 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
18
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.
7-1.05 CLEA]~Il~1G AND GRUBBING. Clearing and grubbing shall conform to the provisions
in Section lb, "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.
7-1.06 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 responsibility for dust control as set forth
herein.
PAYMENT. Full .compensation for conforming to the requirements of this .article shall be considered as included in the .prices paid for the various contract items of work and no additional compensation will be allowed
therefor. .
7-1.07 HAZ~US 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.
If such suispension 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.
7-1.10 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs," of the Standard Specifications and these special provisions.
D~scellaneous roadside sigma 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 ~n the plans. Sign panels shall be
19
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 b" from back. Signs mounted on signal or other
poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
yVarninQ and R~~~ panels shall be mounted on posts with Hawkins M2G series bolt and vandal proof
nut .assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6" from back. Signs
mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the
contract price each for Install Roadside Signs (GSP Post). .
Installation of one or more sign pals mounted on a single post shall be counted as one roadside sign (GSP Post).
7-1.12 REMOVE ROADSIDE SIGNS.
Sign structure removal shall consist of removing posts, frames, complete foundations, and sign panels.
Sign panels shall be salvaged. Panels shall be delivered by the Contractor to the City Corporation Yard.
A sign structure shall not be removed until said structure is no longer required for the direction of public traffic.
MEASUREMDNT AND PA + .Remove Roadside Signs shall be paid for at the contract
unit price each.
The contract unit price each for-Remove Roadside Signs shall include. full compensation for furnishing all labor,
materials, tools, equipment, traffic control, sidewalk panel replacement (where necessary) and for all work necessary
for removing the existing sign .where shown on the plans
7-1.13 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in
Section Sb, "Signs," of the Standard Specifications and these special provisions.
Overhead signs installed on signalpoles, mast-arms or on flashing beacon mast-arm-shall be furnished
and installed by the Contractor in accordance .with the plans and these .special provisions. Compensation for overhead
.signs shall be considered included in the respective contract lump sumprice or prices for flashing beacon, and no
additional. compensation will be allowed therefor.
7-1.14 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section
15, "Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-
Made Objects," of the .Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal
of Material Outside the Highway Right of Way," of the Standard Specifications.
MEASIUREM~NT 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.
20
SECTION 7-2 TRAFFIC SIGNALS AND
LIG~I[TIlVG.
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations.
7-2.02 STANDARDS STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall conform to the .provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard
Specifications and these special provisions.
7-2.03 CONDUIT, Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of
the Standard Specifications and these special provisions.
Conduits may be installed by either jackingldrilling or open trench methods except where a specific
method is required on the plans. "Trenching in Pavement Method" for installation of conduit in pavement, except in paved medians, .shall conform to the following specifications:
1.. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement and
asphalt driveways 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 ~2) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the
pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from
commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder, " of the Standard Specifications. Spreading and compacting of asphalt ,concrete shall be performed by any method which will produce an asphalt concrete surface of uniform
smoothness, texture, and density.
4. All excavated areas in the .pavement .and asphalt driveways shall be backfilled except for the top
0.20 foot, by he 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. Conduit that is jacked or drilled, shall
have a minimum depth of 18" below finish grade. Conduits in all other areas shall have a minimum depth of 24".
Dependent .upon adverse soil conditions or other circumstances encountered at the time of construction, the Engineer may specify which of the above methods may be used.
7-2,04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull
21
foxes," of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 8b-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and
these special provisions.
Sub paragraphs 1,2,4 and 5 of the first paragraph of Section 86-2.09D, "Splicing," of the Standard Specifications -
are deleted.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13.
Splices shall be insulated by "Method B."
7-2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of
the Standard Specifications and these special provisions.
Unless otherwise noted, service pedestal shall be Type III-BF, per Caltrans Standard Plan ES-2E,
with window for photoelectric unit, and shall be furnished with 60 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers:
Ply V s Br~_ e e ed
1 15 1 110 Beacons Yes
The Engineer will .arrange with the serving utility to .complete service connections to service points shown on the plans and will. pay all required costs and fees required by the utility.
7-2.07 TESTEIIG. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions..
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, "BEGIl'~NING OF WORK, TIlVIE OF COMPLETION AND LIQUIDATED DAMAGES"
of these special provisions.
7-2.08 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary
equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01,
"Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and Backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile
iron. ~
22
"1-2.12 CU LLERS, CABINETS AND AUXILIARY EQUIPMENT. The
Controller assembly. and. auxiliary equipment shall conform to the provisions of Section 86-3.01 "Controller
Assembly," Section 86-3.08L "Flasher," and Section 8b-3.09 "Components" of the. Standard Specifications and
these .special provisions.
Solid State controller shall be as shown on the plans.
7-2.14 GUARANTEE. The Contractor shall furnish a written rantee to the Cit on the form Y
attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1)
year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before
notice of completion and final acceptance is made by the City of the work described on the plans and these special
provisions.
7-2.15 PAYMENT. Payment for Flashing Yellow Beacons shall conform to the provisions in Section
8b-8, "Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the
contract lump sum price paid for the -item requiring foundations and no separate payment will be made therefor.
Full compensation for Type III-BF shall be considered as included in the contract lump sum price paid for the Flashing Yellow Beacons and no separate payment will be made therefor.
-Full compensation for all elements of flashing yellow beacon system shall be considered as included in the
contract lump sum -price paid for Flashing Yellow Beacon System and no separate payment will be made therefor.
23
PROPOSAL
FOR
FLASHING YELLOW BEACONS ON STINE ROAD AT RIDGEVIEW HIGH SCHOOL
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 farm 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 Bakersf eld, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools,
apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the
plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as
specified in the contract, 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 tier
signature, the proceeds of the check or bid bond accompanying his bid shall become the property oti the City of
Bakersfield.
Bidder acknowledges xeceipt 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 envelo e. '
1TEM ESTIMATED ~'N~T °F r!'EM UNIT PRICE .EXTENSION
NO. QUANTITY M~►suRE PRICE (m figures)
(in figures)
1. 2 ~ EA Remove Roadside Signs
2. ~ 3 EA Install Roadside Sign
3. 1 LS Flashing Yellow Beacon
System .
SIGNED TOTAL $
Bidder
Company
Address
P.O. Box
City State ~ Zip Code
. ~ Area Code Telephone Number
License No, and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page I of 2
24
PROPOSAL
FOR
FLASHING YELLOW BEACONS ON STINE ROAD AT RIDGEVIEW HIGH SCHOOL
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) andlor 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 he .the Unit Price.
LIST OI+' SUBCONTRACTORS
All persons car parties submitting a hid proposal on the project shall complete the following form, setting forth the
name and the location of the .mill, -shop or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or improvement in excess of one-half of one 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 he done by each subcontractor. This list is to he completed and submitted with said
bid proposal.
Subcontractor's Name
Description of portion
and Street Address (CitX, ;~~,Zi~ ~ of work subcontracted
{attach additional sheets if needed)
25
1
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
. AND SUBMITTED WITH BID
FLASHING YELLOW BEACONS ON STINE ROAD AT RIDGEVIEW HIGH SCHOOL
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 but 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 he 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 cif Bidder
Business Address
Place of Residence
Suhscribed and sworn to before me
this day of , 19
Pagr 1 cif I «
26
To the State of California, Department of Transportation.
NONCOLLUSION AFF'II)A~IT (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 ? 106 the bidder declass
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 eonfer~nce with anyone to fix tha bid price of -the bidder or any other bidder, or to tix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantabe against
the public body awarding the contract of anyone interested in the proposed contract; .that all statements contained in
the bid are true; -and, furthdr, 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, ar paid, and will not
pay,-any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent hereof to effeetuata 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
`Nuncollusion At~idavit.
Bidders are cautioned that making a false certification may subject the certifier
to criminal prosecution.
27
.:PROPOSAL FOR:
FLASHING YELLOW BEACONS ON•'STINE ROAD AT RIDGEVIEW HIGH SCHOOL
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, aad manager thereof; if a copartnership, state true name of firm, also names of all individual
copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
on 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 Residenc
Date
28
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 firnily bound unto the City of Bakersfield, a body politic and. corporate
f.the State of California, in the sum of , dollars
o be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and
dministrators, 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
he NOTICE TO CONTRACTORS attaeh~d hereto, is accepted by the Council of said City and if the above
ounden principal, heir, executors, administrators, .successors and assigns, shall duly enter into and execute a
ontract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by
aw, within ten da s (not including Sunday) from the date of a notice to the above bounden principal, that said y
~ontract is read for execution, .then this obligation shall .become -null and void, otherwise it shall he and remain in Y
11 force and effect.
WITNESS WHEREOF,. we have hereunto set .our hands and seals this day of , 19 .
(Seal
(Seal
(Seal
Page 1 of 2
29
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 names} islare subscribed to
the within instrument and acknowledged to me that helshe/they executed the same in hislherltheir
authorized eapacity(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 notrequired by law,. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Title or Type of Document
Title(s)
PARTNERS ❑ LIMITED
❑ GENERAL
Number of Pages
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER.
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY
Signer{s) Other than Named above
Page 2 of 2 ~
30
-
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: .
ING YELLOW BEACONS ON STINE ROA AT GEVIEW HIGH SCHOOL
awarded on ,between the City of Bakersfield (hereinafter referred to as the Cit and the
Y)~ undersigned, which contract provides for the installation of light nand/or traffic si a 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, rove defective or should P
. the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any. part thereof fail to operate properly, as planned, due to any of the above causes, all within
(1) year afterdate on which said contractis accepted by-the City, the undersigned .agrees to reimburse the Cit , u on
Y P demand, :for its expenses .incurred in restoring said systems to the condition contemplated in said contract, including
he 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 successfull as on mall y g y
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 s ecified P
. 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 the fail to o erate as
Y p originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said
.contract.
Date Contractor's Signature
Firm
Address
31
GUARANTEE
MATIERIAL AND WORKMANSHIP T
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
- In accordance with the terms of the Contract for:
G YELLOW BEACONS ON STINE RO AT RIDGEVIEW HIGH SCH OL 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 workmanshi and/or
P materials, and we agree to repair ancUor replace at our~own cost and expense, any and all uch work, and/or materials
which may prove defective in workmanship or materials within a period of one (1) year from the date of acce tance P
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 aml/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
32
I `f
P E S A P-
AGREEIMENT N0.
ENT CONTR_ACTOR'S AG EEMFNT
THIS AGRE~T is made and entered into on
by and between the CITY OF BAK,ERSFIELD, a munici al
• n n p corporation, referred to herein as CITY and , a ~
. . . referred to herein as
"CONTRACTOR. "
RECITALS
V~'HEREAS, 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 fore. oin recitals herein CITY
g g and CONTRACTOR mutually agree as follows:.
1. SCOPE OF WORK. The -scope of work is described as:
The scope of work shall include all items and
procedures .necessary to properly complete the task CONTRACTOR has been hired to erform, p
whether specifically included in the scope of work or not.
The following shall be deemed to be part of this a reement as if full set g Y
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.
33
I. , Current State of California DAS 140 Form
(if required by Specifications)
2, COMPENSATION. Compensation for all work, services or products called for under this
Agreement shall consist of a total payment of Dollars
. which shall be paid as follows:
. The compensation set forth in this section shall be the total com ensation under this A reement . p g
including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay onl the Y
compensation listed unless otherwise agreed to in writing by the parties.
3. -PROCEDURE, CONTRACTOR shall be aid for services rendered after recei t p p
of an itemized ~nvolce 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 thirt 30 da s after Y( ) Y
receipt and approval by City of CONTRACTOR 's itemized invoice. However, where required by
the City of Bakersfield Municipal Code a portion of the a ment will be withheld for the time and PY
purposes set forth therein.
4. WAIVER OF-DEFAULT, The failure of an to enforce a alnst another a rovision Yp~Y g p
of this Agreement shall not constitute a waiver of that party's sight to enforce such a provision at
a later time, and shall not serve to vary the terms of this A reement. g
5. ~E.~~F~, CONTRACTOR shall,. at .its. sole cost and expense, keep in effect or obtain at
.all. times during the term of this Agreement an licenses, ermits and a royals which are le all Y p pp g Y
required for CONTRACTOR to practice its profession.
6. STANDARD OF PE ORMANCE, All work shall be performed in conformit with all Y
legal requirements and industry standards observed by a competent practitioner of the profession in
California.
7. NJ[ERGER AND MODIFICATION, This Agreement sets forth the entire A Bement between
the parties and supersedes .all other oral or written representations. This Agreement may be
modified only in a writing approved by the City Council and signed ~by all the parties.
8. , In the event of a conflict between the terms conditions or s ecifications set forth
p 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 actuall attached.
Y
. 9. ~_ERMINATION. This Agreement may be terminated by any party upon ten (10) days
written notice, served by mail or personal service, to all other parties.
34
10. COMPLIANCE V~~ITH ._L LAWS. CONTRACTOR shall, at CON'TRACTOR'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 faithfull observe in all Y
activities relating to or growing out of this Agreement ~a11 Municipal ordinances and State and
Federal statutes, rules or regulations now in force or which may hereafter be in force.
J
11. ENT CONTRACTOR. This Agreement calls for the rformance 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. INS~CE. In addition- to an other insurance or bond r wired under b this A reement Y ~ Y g
-the CONTRACTOR shall procure and maintain for the duration of this Agreement the followin g
types and limits of insurance ("basic insurance requirements" herein):
a. Automob le liabLty 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 nullion 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 commercia Qeneral liability insurance, providing
coverage on an occurrence basis for bodily injury, including death,
of one or more persons, property. damage and personal injury, with
limits. of not less than one million dollars ($1,000,000) per
occurrence; and the policy shall:
1) Provide contractual liability coverage for the terms of this
Agreement.
2) Contain an additional insured endorsement in favor of the
City, its mayor, council, officers, agents, employees and
volunteers.
c. orkers' 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. .
35
All .policies required of the CONTRACTOR shall . be rim insur '
p ary ance as to the City, its mayor, council, officers, agents, employees, or volunteers and an insurance or self-insurance maintained
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.
Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. An deductibles
. Y
self-insured retentsons or insurance in lesser amounts, or lack of certain t es of insurance otherwise . Yp
required by this Agreement, or insurance rated below Bests' A: VII, must be declared rior to P
execution of this Agreement and approved by the City in writing.
Allpolicies shall contain an endorsement providing the City with thirty (30) da s written notice of • Y
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 b this . Y
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 r wired . ~
..endorsements evidencing the insurance required. The City may withhold payments hereunder if
certificates of insurance and endorsements required have not been rovided. P
Unless otherwise .approved by the City, if any part of the work under this A reement is g
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 r uirements for
cor>~rRACToR.
13. ~ TY. CONTRACTOR shall indemnify, defend, and hold harmless Cit ,its
• Y 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 'udicial tribunals of an . ~ Y
kind. whatsoever,. arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's
employees, agents or independent contractors or com anies in the erformance of or in an wa
p p ~ Y Y arising from, the- terms and provisions of this Agreement whether or not caused in part by a part
Y indemnified hereunder, except as limited by California Civil Code §2782.
14. EXECUTION. This Agreement is effective upon execution. It is the roduct of ne otiation
p g 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 mall, and be effective upon actual personal
service or depositing in the United States mail. The parties shall be addressed as follows or at an
Y other address designated by notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Flag
36
1501. Truxtun Avenue
Bakersfield, CA 93301
(805) 326-3724
CONTTRACTOR:
1
16. .Any lawsuit pertaining to any matter arisin under or rowin out of this
g ~ g g contract shall be instituted in Kern County, California.
17• A .This contract shall -not be assigned by any part , or an art substituted Y Yp Y without prior written consent of all the parties.
18. BINDING F1~FCT.: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 execut r o s,
personal representatives, successors and assigns.
19. ACCOUNTING RECORDS.. CONTRACTOR shall maintain occur ' ate accounting .records
and other written documentation pertaining to all .costs incurred in erformance of this A reemen p g t.
:Such records and documentation shall be kept at CON'TRACTOR's-office Burin the term of this g
Agreement, and fora period of three years from the date of the .final payment hereunder,. and. said
records shall- be made available to Ci re resentatives u n r uest at an time Burin re 1 tY P Po ~ y g gu ar
business hours.
20• Each :individual executin this A reemen r g g t epresents and
warrants they are -duly authorized to execute and deliver this A reement on behalf of the co ration . g ~o
or organization, if any, named~~ herein ~~and~-thsAgreement is binding upon said corporation or
organization in accordance with its terms.
21.
"CONTRACTOR's" Federal Tax ID Number .
Is CONTRACTOR a corporations Yes_ No._._.
(Please check one.)
IN S W + F, the parties hereto have caused this Agreement
to be executed, the day and year first-above written.
nC~'Yn "CONTRACTOR"
CITY OF BAK~ERSFIELD
By By
.BOB PRICE
37 .
Mayor ~ .
Please Print or Type Name & Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By
ALAN. DALE DANIEL
Assistant Cit Attorne Y Y
APPROVED AS TO CONTENT: COUNTERSIGNED;
By By
RAUL M. ROJAS ~ GREGORY J. KLIMKO
Public ~ Works Director Finance Director
38
~I'o be completed by the Contractor, if ~ he elects to substitute securiti i '
es n lieu of retention] .
ESCROW AGREEMENT
FOR x
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 he consideration hereinafter set .forth, the Owner, Contractor, and Escrow Agent agree as follows:
l .: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 (10} days of the deposit. The market value of the securities at the time of the substitution shall be
at least equal to the cash .amount then required o be withheld as .retention under the terms 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 Contractor for such funds which otherwise would be withheld
from- progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the
benefit of the Owner until such time as the escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering
the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5 . The interest earned on -the securities or the money market accounts held in escrow and all interest earned on
that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to the Owner.
-1-
39
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 thewritten 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
-2- ~
40
' ~ . i
0n behalf of Escrow Agent:
Title
.Name
Signature
Address
At he time the Escrow. Account is opened,. the Owner and Contractor shall deliver to the Escrow Agent a fully
. executed counterpart of .this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by theirproper officers on the-date first
set forth above.
Owner Contractor _ _
Title
Title
Name Name
. Signature Signature
1 -3-
41
r
FA~I][f UL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WIIEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner,"
has, on (DATE OF AWARDI, l awarded to NAME OF CONTRACTORI , 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 DESCRIPTIONI; and
WI~REAS, said Principal is required under the terms of said contract to furnish a bond for the
faithful performance of said contract; .and
NOW, WHEREFORE, WE, the Principal, and (IEAVEBLANKFOR
BONDING COMPANY, as Surety, are held and firmly bound unto the Owner in the sum of ~ 100 % OF AMOUNT
AWARDED AT COUNCIL ME_~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
bythese presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal,
his or its heirs, executors, ' 'strators, successors, or~ assigns, shall in all things. stand to and abide by, ..and well and
truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made
as therein provided, on. his or their part, to be kept and performed at .the time and., in the manner therein specified, and in all rEspects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers
and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full
.force and virtue and Principal and Surety, in the event suit is brought on -this bond, will pay to the Owner such
reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the .satisfactory completion of the said. contract, the above obligation
in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors,. or assigns
shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of
damage made evident during said period of one year from the date of :acceptance of-said work, and resulting from or
caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in
the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary
notwiths~, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains..
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such
change, .extension of time, alteration, or addition to theterms 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.
42
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 authori of its overnin
ry g g body. .
Principal
(Seal) Signature for Princi al Title
P
Surety.
(Seal) Si nature for Sure '
g ty Title.
(Attach notarization form for each required signature. )
Page 2 of 2
43
This bond shall ~ insure to the benefit of the Owners and any and all persons, companies, .and corporations .and their
respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code
Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition of the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of
time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives
the provisions of Sections 2819. and 2845 of the Civil Code of the State of California.
IN ~wITNESS wHERE~F, 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
end these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) Principal
Signature for Principal, Title
(SEAL) Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
45
This #orm should be sent io the Joint Apprenticeship Committee
of the waft or trade in the -area of the site of the public work. If you have ~ any ..questions as to the :address of the appropriate PUBLIC WORKS
Joint Apprenticeship Committee, contact the nearest ofhce of
he Division of Apprenticeship Standards ~DASy. Cansurt your CONTRACT AWARD 1NF~RMATION alephone directory under Califamia, State of, Industrial
Relations, for the -OAS office in your area.
NAME OF COMRACTbA CONTRACTORS STATE LICENSE N0.
COIYrAACTORS HALING ADDRESS-NUMBER a STREET, CR1r, ZIP CODE AREA COOS d. TB.EPHONE NO.
NAME b LOCATION OF PUBLIC WOF~(S PROJECT GATE OF CO(YfRACt AWARD
DATE OF ExPECTED OA ACTUAL START OF PAO,SECT
NAME b AOOAESS~OF PISLIC AGENCY AWAAOWG CONTRACT ESTYIMT~ NICER OFJOURNEYMEN FIOUFiS
APPRENTICES
' ~ ~ OCCUPATION OF APP'REIYTICE Nl~uBEA TO 8E EMPLOYED APPROXIMATE DATES TO BE EMi~OYED
~ Check one 4f The boxes Below.
Box ~ We .request •dispatch of apprentice(s~ for this job. We voluntarily choose to comply with the applicable Joint , Apprenticeship Committee Standards for the duration of this ~ fob 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
❑ Apprenficeship Committee Standards in .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. We assume no other obligations to the committee or unions ..under State oc Federal laws.
Boz 3 ~ 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 apprentices) since apprentices are not. required on this job under the
provisions of California Labor Code Section 1177.5, because:
Signature
Typed Name
1
Ti fle ~ Dade
State of California -Department of Industrial Relations
DAS 140 (New u9a~ DIVISION OF APPRENTICESHIP STANDARDS
iy"
P