HomeMy WebLinkAbout1999 Special Provisions Project T9K026-001- ~ ~ _
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CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS,
f~.. SPECIAL PROVISIONS,
BID PROPOSAL AND .CONTRACT
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FOR - .
Installation of Traffic Si nal Interconnect on . g
South HStreet
from White :Lane to Belle Terrace
TSM98=51-09 038
BID OPENING. . .
. :DATE March 15,1999
TIME 11:00 A:M.
PROJECT N0 T9K026 c
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`CITY OF BAKERSFIELD PUBLIC WORDS DEPARTMENT ~~~~~S~a
~Q ANNEX BUILDING, 2~ FLOOR ~ ~ , ~~N ~,d
Q - 1501 TRUXTUN AVENUE ~~i `
BAKERSFIELD CALIFORNIA 93:301
.Project Engineer: Ryan Starbuck 0.32340
Telephone: (805) 326-3995 , ; ZAP fXP.~2 3
Filename: P:1Data1WP1H_St ICON Spec NONFED.wpd
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall,
- 1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on March 15,1999 to be publicly opened and
read immediately thereafter in the City Council Chamber, for the following work:
- INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET
WHITE LANE TO BELLE TERRACE
Plans and specifications, and forms of proposal, bonds, and contract, maybe obtained at the office of the Purchasing
Officer by posting a refundable deposit of zero dollars 0.00) for each complete set. Refund of deposit will be made
provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days from date of
bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt
of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears
herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions
set forth under Section 2, "Proposal Requirements and Conditions", of the Standard Specifications.
Each bid must be accompanied by a proposal guarantee in accordance with the requirements of Section 2-1.07, "Proposal Guaranty", of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entipe 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, Transportation and Housing Agency, dated July,1992, insofar as the same may apply.
This project is federally funded. Minimum wage rates for this project as predetermined by the Secretary of Labor are
set forth in the special provisions. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.),
the Contractor shall not pay less than the prevailing rate of wages to workers on this. project as determined by the
Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open
for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
A sample contract is include in this bid package. Please review it carefully, this is the contract the Contractor shall be expected to execute without alteration. If any changes are desired they must be submitted to the City for approval. If
approved, the changes will be issued to all prospective contractors.
Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's proposal.
Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining
of a different contractor by the City.
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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general of installation of conduit, pull boxes, conductor cable and modems,
removal and construction of concrete sidewalk.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specif cations
entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as referenced
herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard
Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take
precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the
Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and
meaning shall be as follows:
City -City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -.The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract.
Standard Specifications -Standard Specifications of the State of California, Department of Transportation, 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. The terms bid
and proposal are used in the same way and can be .freely interchanged herein.
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SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on March 15, 1999
sealed proposals for:
INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET
WHITE LANE TO BELLE TERRACE
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and
materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith,
but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of
the work that may be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and
contract forms. It will be assumed that the bidder has performed said examination, 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, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the
prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing
Officer, the .form of which appears herein immediately following these special provisions. All proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is made by an
individual, his name, telephone number and post office address must be shown. If made by a firm or partnership,
the name .and post offtce address of each member of the firm or partnership must be shown. If made by a
corporation, the proposal must show the name of the state under the laws of which the corporation was chartered
and the names, titles, and business addresses of the president, secretary and treasurer.
2-1.06 BIDDER' S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the Ciry of Bakersfield, for an amount equal to at least ten .percent (10 of
the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed
therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the
work in the amount of 'h of one percent of his total bid or ten-thousand ($10,000) dollars, 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.
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2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following, completed forms:
• Proposal Form; • Bidder's Bond Form;
• Non-Collusion Affidavit Form;
2-1.09 ONIISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the
specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications
shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished
or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or
performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings
or speciftcations.
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in
the public notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing Department. The written request shall be on the bidder's letterhead and shall be executed by the bidder or his
duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new
bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not
be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening
of bids.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors" . Bidders or their authorized agents are invited to be present.
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to
5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims
a mistake was made in his bid, the bidder shall give the Department written notice within five (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 (3) 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 (3) years.
A form. for the statement required by Section 10285.1 is included in the proposal.
2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership,
corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds
for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm,
partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists
among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced
may be rejected.
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SECTION 3 -AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if awarded, will be to the lowest responsible bidder. The language
refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to
satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if awarded, will be made within forty-five (45) days
after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted
surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. 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 required by law for the protection of the claims of laborers and
material men, become insufficient, or the City has cause to believe that such surety or sureties have become
insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety,
not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to
be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the
Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds and required insurance documents, within ten (10) days, not including Sundays,
after the bidder has received notice that the contract has been awarded. The Commercial General Liability and
Workers' Compensation insurance policies shall contain additional insured endorsements in favor of the City, its
mayor, council, officers, agents, employees and volunteers, as required in these specifications. No proposal shall be
considered binding upon the City until the execution of the contract. All contracts shall be considered as being
made and entered into in the City of Bakersfield, California.
Failure to execute a contract, file acceptable bonds and submit acceptable insurance documents as provided herein
within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded,
shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (l o) days after the award of the contract, the City
of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the
award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
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SECTION 4- BEGINNING OF WORK, TIME OF COMPLETION
AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03, "Beginning of Work," Section 8-1.06,
"Time of Completion," and Section 8-1.07, "Liquidated Damages," of the Standard Specifications, and is
specifically hereby made a part of these special provisions,
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 20 working days.
Contract working days will commence from the date the Contractor begins work or the 15~' calendar day
from the date of the written notice to proceed, whichever comes first.
The Contract shall pay to the City of Bakersfield the sum oftwo-hundred fifty ($250) dollars 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.
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SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section ]-1.40, "State Contract Act," and Section 9-
1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of
the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called
for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public
Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to
arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount often- thousanddollars ($10,000) or which, together with all other previously approved change orders for that contract
exceeds twenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Work,"
of the Standard Specifications and these special provisions.
Section 5-1.02, "Plans and Working Drawings," of the Standard Specifications is amended by adding the following
paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by the Engineer before any work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended by adding the following paragraph
after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer.
If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the
finished work.
The second paragraph in Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in
writing a reasonable length of time. in advance of starting operations that require such stakes or marks. In
no event, shall a notice of less than twenty-four (24) hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" , of the Standard Specifications is amended by adding the following paragraph after the
.first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due
notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the .
Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with
Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours
labor shall be a days work and forty hours labor shall be a weeks work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall
be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and
all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing
rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for
each craft, classification or type of work is determined by the Director of the California Department of Industrial
Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works
Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll
records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage
provisions of this contract.
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Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than
the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS (~25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per week, except
as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01 A(3), "Payroll Records," of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.Ob LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01 A(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 Section 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:
a. 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.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
c. 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 Ciry of Bakersfield with the signed contract
documents.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides
that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess ofTWENTY-FIVE THOUSAND DOLLARS ($25,000) for excavation of any trench or tenches five (5) feet or more in depth, the Contractor
or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of
shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the Ciry Engineer and the detailed plans have been
reviewed by the City Engineer.
If such a 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.
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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-
1.011, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed
eighty-six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to
trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud
sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of
personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices
paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all
governmental organization which requires such permits, licenses or fees. The Contractor shall procure a business
license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Monday through Friday. Any deviations must be requested in writing and directed to the Engineer at the Pre-Job
Conference. Written approval from the 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 Contractor allow any
Subcontractor commence work on his subcontract until said certificates of insurance have been filed and approved
by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles
under all required insurance policies.
5-1.13A INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and
employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or
caused by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies in the
performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in
part by a party indemnified hereunder, except as limited by California Civil Code § 2782.
5-1.13B INSURANCE. In addition to any other insurance or bond required under this Agreement, the
CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of
insurance ("basic insurance requirements")herein:
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1. Automobile liabili 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:
a. Provide coverage for owned, non-owned and hired autos.
b. Provide contractual liability coverage for the terms of this Agreement.
u 2. Broad form commercial general liability insurance, providing coverage on an occurrence basis for
bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
a. Provide contractual liability coverage for the terms of this Agreement.
b. Contain an additional insured endorsement in favor of the City, its mayor, council,
officers, agents, employees and volunteers.
3. Workers' compensation insurance with statutory limits and employer's liability insurance with
limits of not less than one million dollars ($1,000,000) per accident; and the policy shall contain a
waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents,
employees and volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the City, its mayor, council, officers,
agents, employees, or volunteers and any insurance orself-insurance maintained by the City, its mayor, council,
officers, agents, employees, and volunteers shall be in 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, notwithstandingahy recovery on any policy.
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is
satisfactorily completed as evidenced by written acceptance by the City.
The Contractor shall furnish the City Risk Manager with a certificate of insurance and required endorsements
evidencing the insurance required under the Agreement. This certificate with the required endorsements must be
returned with the executed contract as specified in Section 3-1.04, "Execution of Contract", of these special
provisions. The City may withhold payments hereunder if certificates of insurance and endorsements required in
the Agreement are not maintained.
Unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the "basic
insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City has approved lesser insurance requirements for Contractor.
5-1.14 CONTRACTOR'S AUTHORITY. At the 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 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that
is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinances 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
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of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5-l.lb 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.
5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contract has
violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has
ID 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 a
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.
5-1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work
wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions
as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work,
or extra work that maybe 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..19 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments," and Section 9-1.07, "Payment
After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.20 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final
Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any
certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but
not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
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The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to
read:
The Director will make the final determination of any claims which remain in dispute after completion of
claim review. Aboard or person designated by said Director will review such claims and make written
recommendation thereon.
r The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done
thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of
the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and
payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the
"NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the
Contractor of the attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the
contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed
to be an acceptance of any defective work or improper materials.
The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and
payment for any work done in accordance with any alterations of the same, shall release the City, the City Council,
and the ,Engineer from any and all claims or liability on account of work performed under the contractor any alteration thereof.
5-1.21 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs
of the Standard Specifications is replaced with the words "unit price":
Third ,paragraph of Section 18-1.05, "PAYMENT".
Fourth paragraph of Section 24-1.11, "PAYMENT".
Eleventh paragraph of Section 39-8.02, "PAYMENT".
5-1.22 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and
subcontractor's well-being and their education of handling hazardous materials when hazardous materials are
encountered during this project.
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SECTION 6 -CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials", of the
Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before
delivery is started and before such material is used in the work. Representative preliminary samples of the character
° and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for
testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards
of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by
the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution, and sound control that apply within
the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final
inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source
of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having
jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict
with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the
Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall
be considered as included in the contract prices paid for the items of work which require the use of the sites and no
additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance",
of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling
and testing, if accompanied by a Certificate of Compliance.
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SECTION 7 -CONSTRUCTION DETAILS
7-1.01 RELATIONS WITH RAILROAD COMPANY. The City has been issued a permit for work within the
Railroad Right of Way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's
name. The Contractor shall comply with all the provisions of said permit. The Contractor shall contact San Joaquin
Railroad (209) 592-1857 at least 48 hours prior to any work performed within the railroad right of way,
The Contractor shall be responsible for payment to the Railroad for the permit, inspection services and insurance
required by the Railroad.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included
in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities", of the
Standard Specification, the plans, and the special provisions.
The Contractor shall 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 in Section 7-1.11, "Preservation of Property", and Section 7-1.12, "Responsibility for
Damage", of the Standard Specifications, the Contractor shall be liable to owners of such facilities and improvements
for any damage or interference with service resulting from conducting his operations. The exact location of
underground facilities and improvements within the construction area shall be ascertained by the Contractor before using
equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate
with such forces and conduct hid operations in such a manner as to avoid any unnecessary delay or hindrance to the work
being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans
will not be compensated for as idle time. However, additional contract time commensurate with such delays maybe
allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor shall
contact the City Parks Division at 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.
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.
PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of this article shall
be considered as included in the unit prices paid for various items of work and no additional compensation will be
allowed therefor.
7-1.03 N[AINTAIlVING + + C. 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
15
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 m be amended to read as follows:
Lane closures shall be allowed only between the hours indicated below, Monday through Friday, except legal
holidays.
Street Direction of Travel Hours
H Street Northbound/Southbound 8:30 AM - 4:30 PM
Where construction operations are actively in progress, a minimum of one traffic lane for each direction of
travel shall be open for use by public traffic. Such lanes shall not be less than twelve (12) feet in width.
Where construction operations are not actively in progress, all lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may
also be permitted to use the side of the roadbed opposite to the one under construction. No additional
compensation will be allowed for any shaping of shoulders necessary for the accommodation of public traffic
thereon during paving operations.
Maximum length of lane closures and minimum distance between lane closures may be restricted by the
Engineer.
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 b
Y the Contractor at locations as directed by the Engineer at least forty-eight (48) hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYIVIENT. Full compensation for conforming to the requirements of this article shall be considered as included
in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.04 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities
shall conform to the provisions in Section 15, "Existing Highway Facilities", of the Standard Specifications and these
special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers
shall be relocated and maintained during construction so' as to convey the same intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces
16
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 unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.05 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16,
"Clearing and Grubbing", of the Standard Specifications and these special provisions. s
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 unit prices paid for various items of work and no additional compensation will be allowed 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:
a. Water shall be applied to all unpaved areas as required to prevent the surface from
becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In residential areas, a self contained, pick-up type, power broom with water distribution
system shall be used.
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 .unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.07 .FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing
Roadway", of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard Specifications, the following shall apply:
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess
and/or objectionable material originating within the project limits and transported by public traffic or by the
Contractor's operations.
The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential areas,
when a broom is used, a self contained, pick-up type, power broom with water distribution system shall be
used.
PAYlV1ENT. Full compensation for Finishing Roadway as specified will be paid for at the contract lump sum price,
which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all
the work involved in Finishing Roadway as specified.
7-1.08 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs, median curbs,
sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform
to the provisions in Section 73, "Concrete Curbs and Sidewalk", of the Standard Specifications and these special
17
provisions. Concrete curbs, median curbs, curb and gutter may be constructed by the ftxed form method or by
extrusion or slip forming. However, it is required to use equipment which is controlled automatically for alignment, grade, and cross slope by sensing from preset string lines for construction using the extrusion or slip form methods.
MEASUREMENT AND PAYMENT.
Quantities of Minor Concrete used in wheelchair ramp construction shall be considered as minor concrete (Wheelchair
Ramp) and paid for at the contract price per square foot of Minor Concrete (Wheelchair Ramp). Section 4-1.03B(1)
° and 4-1.03B(2) of the Standard Specifications shall not apply to this item of work. Payment for this item of work will
be made only at locations specified on the plans.
The above prices and payments shall include full compensation for furnishing all labor, materials (including adhesive,
or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment and incidentals, and for
doing all the work involved in constructing curb, gutter depressions, sidewalks, wheelchair ramps, cross drains, drive
approaches, driveways, and median curbs complete in place, including but not limited to, sawcutting, excavation, compaction, concrete removal, pavement removal and driveway tie-in, as shown on the plans, as specified in the
Standard Specifications and these special provisions, and as directed by the Engineer.
7-1.09 BORED/JACKED PIPE. Casing shall be installed so as to prevent formation of waterways underground.
It shall have even bearing throughout its length and shall slope toward one end. Space between casing and pipeline
shall be backfilled with sand. If the pipe and casing are installed by boring, the space around the casing also shall be backf~lled with grout or sand. The ends of space between the casing and the pipe shall be sealed with grout. The
strength of pipe designated in the plans or specifications is determined for vertical load only any additional strength
required by Boring/Jacking operations shall be furnished at the Contractor's expense.
The Contractor shall submit to the Engineer for approval all plans of boringljacking operations prior to boring or
jacking. Casing shall be installed for all additional allowance will be made therefor.
Boring/jacking operations shall be conducted in a safe and efficient manner, consistent with current accepted
procedures. Water boring shall not be permitted. The casing pipe shall be jacked with such precision that will allow
the placement of the pipeline to the line and grade as indicated on the Plans.
Upon completion of the installation of the casing and installation of the pipeline to grade, the void, between the casing
or RC pipe and the excavation shall be completely filled with sand, .compacted by the use of air-blowing sand
equipment or any other means acceptable to the Engineer upon. his approval.
Pipe laid within the jacking pit area, but not within the casing or structures, shall be cradled with concrete in
accordance with the detail shown on the Plans.
It is the Contractor's responsibility to maintain a safe operation at all times. Should the tunnel heading operations
result in dangerous or unreasonable sloughing of each material which may jeopardize the safety of workers or the
stability of the soil and roadway above, the Contractor shall furnish and install breastboarding and/or face closure with sufficient jacks to inhibit the sloughing and/or closing the work face. The Contractor, before resuming work, shall
furnish the Engineer with a detailed plan of proceeding with the work, for his review and approval. Any and all
expenses therefor will be considered as included in the bid price and no additional compensation will be made therefor.
PAYN~NT. The contract price paid per linear foot for Bored/Jacked Pipe shall include full compensation for
furnishing the steel casing, pipeline pipe, excavating, boring/jacking, furnishing and placing backfill material,
constructing jacking pits and backfilling all pits after the pipe is bored/jacked, and all incidentals necessary to
boring/jacking the pipe, complete in place, as specifted.
7-1.10 CONDUIT. Conduit shall conform to the provisions in Section 86-2, "Conduit," of the Standard Specifications
and these special provisions.
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7-1.11 MULTIDUCT CONDUIT, where 4-inch conduit with innerduct is to be installed by trenching or borin as specified in the plans, a factory assembled conduit s stem with four 4 inn g
y erducts is required. Other systems in accordance with these special provisions will be allowed.
The conduit shall be Schedule 40 PVC. Each innerduct shall be 1.15-inch (I.D.minimum}, manufactured from
polyethylene or PVC. For alignment purposes, one innerduct shall be a different color than the others and shall be
consistent for the project. UL listing is not required.
Polyethylene for innerduct shall have a density of 0.933 ± 0.003 gm/cm3 (ASTM Standard D-1505), and shall conform to the applicable portions of ASTM Designations: D3433, D3035, D2239, and D2447, and
the applicable portions of NEMA TC7 and TC2. Tensile strength shall be 3.625 psi, minimum
(ASTM D-b22).
Polyethylene innerduct shall be longitudinally ribbed, with minimum wall thickness of 0.075 inch.
PVC innerduct shall be pre-lubed and have a wall thickness of 0.06-inch minimum.
Bends shall be rigid factory assembled sections with a radius of 4' minimum.
Prior to joining the last sections of the conduit run, the innerduct colors at the ends shall be verified to be consistent.
7-1.12 MULTI-CONDUIT SYSTEM. Where 4-inch conduit with innerduct is to be installed by trenching or borin g
as specified in the plans, a factory assembled multi-conduit system with four conduits will be allowed.
The conduit shall be "orange" in color, indication "fiber optic duct." All conduit shall have a continuous print line on
top and bottom, in accordance with UL-651 using different colors, i.e. red, blue, black and white. The conduit
marking shall include: "Manufacturer name -1 1/a " Sch.40."
Straight segments of the multi-conduit system shall be nominal 20' lengths with a minimum 2 '/i" slip joint. Joints
shall be provided with a seating mark to verify proper assembly. The joint shall be solvent welded as recommended
by the manufacturer.
Bends shall be rigid factory assembled sections with a radius of 4' minimum.
The multi-conduit system shall be connected by the "spacer method." S acers shall be located at a roximatel P pp y every
281h". The spacers shall provide a minimum of Sl8 separation between ducts. All spacers shall be of hi im act ~ P
thermoplastic "ABS" material. The spacers shall be 4"x4" and allow for the removal of one or more conduits from
the multi-conduit system in the field.
7-1.13 CONDUIT AND INNERDUCT SEALING PLUGS. Except as otherwise noted, all empty conduits and
empty innerducts shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust
and water into these conduits and their included innerducts. Sealing plugs shall be installed within each s line vault
P or pull box.
Sealing plugs shall be removable and reusable. Plugs sealing innerducts shall be the split type.
Sealing plugs that seal the innerducts shall seal each innerduct individually with appropriate sizes and configuration
to accommodate empty ducts.
A sealing plug that seals an empty conduit or innerduct shall have an eye or other type of capturing device (on the side
of the plug that enters the conduit) to attach onto the pull rope, so the pull rope will be easily accessible when the plu g
is removed.
Full compensation for conduit and innerduct sealing plugs shall be considered as included in the contract rice aid for
p P Traffic Signal Interconnect and no separate payment will be made therefor.
19
7-1.14 CONDUIT INSTALLATION. Conduits maybe installed by either jacking/drilling or open trench methods. Installation using jacking or drilling shall conform to Section 86-2.OSC, "Installation," ofthe Standard Specifications.
Open trench installation in pavement shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement
in a trench not to exceed 12 inches in width. Trench shall be cut using a rock saw or
backhoe 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 24 inches below
finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled
with a two (2) sack slurry cement backfill. Slurry cement backfill shall be placed to within
0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete
produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-
4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and
compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surface of uniform smoothness, texture, and density,
4. All excavated areas in the pavement shall be backfilled except for the top 0.20 foot, by the
end of each work day. The tope 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. Permanent asphalt
• surface shall be placed within 15 working days of trench being opened.
5 • Trenches horizontal to traffic that are greater than 6" in width shall be lated until ermanent
p P asphalt is placed in top 0.20 foot. Trenches parallel to traffic that are greater than 6" in
width shall be plated until temporary surface is placed in top 0.20 foot.
6. No trench shall be opened in any street for the purpose of laying pipes or conduits more than
six hundred (600) feet in advance of the pipe or conduit placed therein.
7-1.15 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard
Specifications and these special provisions.
All pull box assemblies shall include one knockout for 2" conduit and one knockout for 4" multi-duct conduit on all
sides to accommodate. installation of conduit. Should an approved alternate multi-duct conduit assembl be chosen b Y Y the Contractor, the knockout for 4" multi-duct conduit at each end maybe substituted by a larger size to accommodate
this alternate conduit assembly.
Recesses for suspension of ballasts will not be required.
PAYMENT. Full compensation for pull boxes shall be considered as included in the contract price paid for Traffic
Signal Interconnect and no separate payment will be made therefor.
7-1.16 SPLICE VAULTS. Splice Vaults shall be 48"L x 30"W x 30"D nominal inside dimensions and shall conform
to Section 86-2.06 of the Standard Specifcations. Hold down bolts or cap screws and nuts shall be of brass, stainless
steel or other con-corroding metal material. Each cover portion shall have inset lifting pull slots. Cover marking shall
be "COMMUNICATION" on each cover section. Enclosures, covers and extensions shall be concrete gray color.
Vaults and covers maybe constructed of reinforced portland cement concrete or of non-PCC material.
Non-PCC vaults and covers shall be of sufficient rigidity that when a 100-pound concentrated force is applied
perpendicularly tothe midpoint of one of the long sides at the top while the opposite long side is supported by a rigid surface, it shall be possible to remove the cover without the use of tools. When a vertical force of 1,500 pounds is
applied, through a i/2 inch by 3-inch by 6-inch steel plate, to anon-PCC cover in place on a s lice vault the cover shall p
20
not fail and shall not deflect more than 1/a inch.
Splice vaults shall be installed as detailed and where shown on the plans. All splice vaults and covers shall have an
AASHTO HS 20-44 rating.
Splice vaults shall be installed at grade in paved areas.
Metallic ornon-metallic cable racks shall be installed on the interior of both sides of the splice vaults. The rack shall P
be capable of supporting a load of 100 pounds, minimum, per rack arm. Racks shall be supplied in lengths appropriate
to the box in which they will be placed. Rack arms shall not be less than 6 inches in length. All metallic cable racks
shall be fabricated from ASTM Designation: A36 steel plate and shall be hot-dip galvanized after fabrication. Steel
plate, hardware and galvanizing shall be in accordance with the requirements of Section 75, "Miscellaneous Metal, " of the Standard Specifications.
PAYMENT. Full compensation for Splice Vaults shall be considered as included in the contract price paid for Traffic
Signal Interconnect and no separate payment will be made therefor.
7-1.17 TRAFFIC SIGNAL Il~ITERCONNECT. Signal Interconnect Cable shall be six (6) conductor cable or
twelve (12) conductor cable as shown on plans and shall conform to the following:
The conductors shall be solid #19 AWG annealed copper in twisted pairs. The conductors shall be no less than three and one-half (3.5) turns per fourteen (14} inches for six (6) pair cable. The cable shall have a
corrugated copolymer-coated eight (8) mil. aluminum tape and applied longitudinally over the core wrap.
These cables must meet the requirements of PE-39 and ANSI/ICEA S-84-608-1988. A certificate of
compliance to these special provisions will be required from the manufacturer prior to installation.
.
A pull rope conforming to Section 86-2.OSC "Installation", of the Standard Specifications shall be included
in all interconnect conduit (including all innerducts) for installation of future conductors.
PAYMENT. Fu11 compensation for installing traffic signal interconnect including conduit, (PVC, Multiduct Conduit
or Multi-Conduit System), conduit and innerduct sealing plugs, cable, modem, wiring, splice vaults, ull boxes `LB'
p , connectors, sidewalk replacement, excavation, trenching, backfilling and pavement patching, will be considered as
included in the prices paid per linear foot of Traffic Signal Interconnect (2" PVC) or Traffic Si nal Interconnect 4" g (
Multiduct Conduit), and no additional compensation will be allowed therefor.
3" PVC conduit shall be paid for per linear foot as Traffic Signal Interconnect (2" PVC).
7-1.18. DETECTORS. Detectors damaged during interconnect installation shall be re laced b the Contractor.
p y Detectors shall conform to the provisions in Section 86-5, Detectors , of the Standard Specifications and these special
provisions. Location and layout of detector loops shall be as directed by the Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Construction Materials", of the
Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of five (5) turns per foot, and the splice must be soldered
and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the
conductor.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA {5), "Installation
21
Details", of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the
requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops", to within one-eighth (1 /8) inch of the pavement
surface. The sealant shall be at least one-half (1/2} inch thick above the top conductor in the saw cut. Before setting,
surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots maybe filled with either of the following materials:
a. An elastomeric sealant conforming to Section 86-S.OIA (5), "Installation Details", of the
Standard Specifications.
b. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (5),
"Installation Details", of the Standard Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or
approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
PAYMENT. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all
the work involved for installing traffic loop detectors will be considered as included in the Price paid per lineal foot of Traffic Signal Interconnect and no additional compensation will be allowed therefor.
22
STATE OF CALIFORNIA
SPECIFICATION
ASPHALTIC EMULSIQN INDUCTIVE LOOP SEALANT
1.0 SCOPE.
This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing
inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for
use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS.
The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid
form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1988
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective
Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR.
3.0 REQUIltEMENTS.
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce cone-component product to meet the properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
3.2.3 Firm set time, hours, 4 maximum
test at one (1) hour intervals, use ASTM D2939.
3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2" F.
3.3 Properties of the Dried Film
3.3.1 Flexibility ~ No full depth
use ASTM D2939, except air dry specimens to cracks
constant weight at 75 +l- 5 deg. F. and 50 ten percent
(10%}relative humidity. Condition mandrel and specimens two (2) hours at 75 2 deg. F. before test. Use aluminum
panels, 0.03 inches thick (Q panel or equal).
23
3.3.2 Tensile Strength, Psi, 20 minimum
cast sheets 0.25 inches thick and air dry at 75 +l- 5 deg. F., 50 + l- ten percent (10 % }relative humidity for minimum of
sixteen (16) hours. Load rate 0.05 inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum
Use California Test Method No. 434, Part VIII. Space damp with no loss of blocks with 0.25 inches between slant faces, seal sides and adhesion to concrete
bottom with tape and fill with the well stirred sample, strike
off the excess. Dry in 140 deg. F. oven to constant weight and
condition one (1) day at 75 +l- 2 deg. F, before testing.
Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water, No blisterin g
Use ASTM D2939, Alternative B re-emulsification
or loss of adhesion 3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance
to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth
uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use.
3.4.2 The sealant shall retain all specified properties under normal storage conditions for twelve (12} months after
acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred
in replacing material that is unfit for use. The properties of any replacement material, as s ecified in P
Paragraph 3.0, shall remain satisfactory for twelve (12) months from date of acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in
effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS.
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99,
or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and
application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY.
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall be furnished
in container size as specified in the purchase order or contract. If ordered in five (5) gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and
shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or
the Interstate Commerce Commission regulations, as applicable.
5.2 Marking
24
All containers of material shall be labeled showing State specification number manufacturers name, date of
manufacture and manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations,
Hazardous Materials and Regulations Board, Reference 49 CFR.
6.0 NOTES.
b.l Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be
thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material,
pumping is not recommended. Any clean up of road surface or tools can be done with water, before the
sealant sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or
processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of
California, and its duly authorized representatives, from all suits at law or action of every. nature for, or on
account of, the use of any patented materials, equipment, devices or processes.
6.3 Certificate of .Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with
the provision of Section b-1.07, of California Department of Transportation Standard Specifications, January
1988.
25
PROPOSAL
FOR
INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET
WHITE LANE TO BELLE TERRACE
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has
carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein
referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield,
in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means
of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for
the above, filed in the office of the Finance 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:
If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and
evidence of insurance acceptable to the City as is required within ten (10) days, not including Sundays, after the bidder
receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder
has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City.
City shall then be free to accept the bid of another bidder.
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QU~TY MEASURE (in figures) PRICE
(in figures)
1. 10,690 LF Traffic Signal Interconnect (4" Multiduct
Conduit)
2. 388 LF Traffic Signal Interconnect (2" PVC/3" PVC)
3. 187 LF 6" Steel Pipe
4. 1 LS Finishing Roadway
TOTAL $
BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA:
CLEARLY LIST ANY AND ALL ADDENDA NUMBERS RECEIVED ON THIS PROJECT, ABOVE AND ON
THE LOWER LEFT HAND CORNER OF THE SEALED BID RETURN ENVELOPE.
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER THE PENALTY OF PERJURY
Signed
Bidder Company
Address
P.O. Box
City, State Zip Code
Area Code Telephone No.
License No.lExpiration Date
Page 1 of 4
26
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET, WHITE LANE TO
BELLE TERRACE
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of
lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder
agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly
' computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted,
then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit
Price in accordance with the following:
a. As to lump sum items, the amount set forth in the Extension Price column shall be the
Unit Price.
b. As to unit basis items, the amount set forth in the Extension Price column shall be
divided by the estimated quantity for the item and the price thus obtained shall be the
Unit Price.
Page 2 of 4
27
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET WHITE LANE TO
BELLE TERRACE
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the
name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or improvement in excess of one-half of one percent (0.5%) of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater,
and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted
with said bid proposal.
Subcontractor's Name/ Description of portion
Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
Page 3 of 4
28
PROPOSAL FOR: INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET WHITE LANE TO BELLE TERRACE
Accompanying this proposal is
[NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the
case maybe], in an amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also
names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also
names of all individual copartners composing firm; if bidder or other interested person is an individual, state first
and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN
.HERE
Signature of Bidder
NOTE--If bidder is a corporation, the .legal name of the corporation shall be set forth above together with the
signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners
authorized to sign contracts on behalf of the .copartnership; and if bidder is an individual, his signature shall be
placed above. If signature is by an agent, other than an officer of a corporation or a member. of a partnership, a
Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted
with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Date
Page 4 of 4
29
BIDDER'S BOND
(To Accompany Proposal) (Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of
California, in the sum of dollars to be paid to said
City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield
as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if
the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and
execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds
required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal,
that said contract is ready for execution, then this obligation shall become. null and void, otherwise it shall be and
remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set out hands and seals this day of
,19
(Seal)
(Seal)
(Seal)
Page 1 of 2
30
STATE OF CALIFORNIA) ss.
COUNTY OF
On before me,
Date
personally appeared
Personally known tome
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to methat he/shelthey executed the same in his/her/their
authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
-----------OPTIONAL-----_~
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY 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)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
Date of Document
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES)
Signer(s) Other than Named above
Page 2 of 2
31
NONCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal}
INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET
WHITE LANE TO BELLE TERRACE
STATE OF CALIFORNIA)
} ss. COUNTY OF )
,being first duly sworn, deposes and says that he or
Name
she is of ,
Title Company
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder -has not in any manner, directly or .indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder. or any other
bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure .any
advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof , or the .contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid. Under penalty of perjury, the bidder
declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been convicted
of any offense referred to in the California Public Contract Code.
Business Address
Telephone No.
Place of Residence
Subscribed and sworn to before me
this day of ,19
Page 1 of 1
32
SAMPLE SAMPLE
AGREEMENT N0.
INDEPENDENT CONTRACTOR' S AGREEMENT
F
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and
a (California Corporation. Hawaii Corporation. Delaware Corporation,
Individual. etc..), referred to herein as
"CONTRACTOR. "
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of
installation of traffic signal interconnects; and
WHEREAS, CITY desires to employ CONTRACTOR to install traffic signal interconnects, as set forth herein.
NOW,1'HEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually
agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in general, of installation of
conduit, pull boxes, conductor cable and modems, removal and construction of concrete sidewalk and wheelchair
ramps. The scope of work shall include all items and procedures necessary to properly complete the task
CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not.
The following shall be deemed to be part of this agreement as if fully set forth herein:
a. Notice to Contractors
b. Special Provisions
c. Bid Proposal
d. Bidder's Bond
e. Performance Bond f. Material and Labor Bond
g. Letters of transmittal, if any
h. All provisions required by law to be inserted in this contract whether actually inserted
or not.
i. Current State of California DAS 140 Form
(if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as
follows:
k
. The compensation set forth in this paragraph shall be the total compensation for the services provided by
CONTRACTOR, including all out-of pocket costs incurred. CITY shall pay no fee other than the compensation
listed in this paragraph unless otherwise agreed to in writing by the CITY.
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 3 3 FORMAL BIDDING PROCEDURES.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an
itemized invoice for the work completed and approved by Ciry in accordance with the terms of this Agreement.
Payment by Ciry to CONTRACTOR shall be made within thirty (30) days after receipt and approval by City of CONTRACTOR's itemized invoice. However, where required by the City of Bakersfield Municipal Code a
portion of the payment will be withheld for the time and purposes set forth therein.
4. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this
Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall
s not serve to vary the terms of this Agreement.
5. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for
CONTRACTOR to practice its profession.
6. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal
requirements and industry standards observed by a competent practitioner of the profession in California.
7. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement 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. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this
Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this
Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in
this Agreement, whether or not actually attached.
9. TERMIlVATION. This Agreement may be terminated by any party upon ten (10) days written notice,
served by mail or personal service, to all other parties.
10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply
with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be
in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of
this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force.
11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of
CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the City for any
purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement shall not be
construed as forming a partnership or any other association with CONTRACTOR other than that of an
independent contractor.
12. INSURANCE. In addition to any other insurance or bond required under by this Agreement, the
CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of
insurance ("basic insurance requirements" herein)
a. Automobile liability insurance, providing coverage on an occurrence basis for bodily
injury, including death, of one or more persons, property damage and personal injury,
with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
1)Provide coverage for owned, non-owned and hired autos.
2)Provide contractual liability coverage for the terms of this Agreement.
b. Broad form commercial general liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 34 FORMAL BIDDING PROCEDURES.
damage and personal injury, with limits of not less than one million dollars
($1,000,000) per occurrence; and the policy shall:
1)Provide contractual liability coverage for the terms of this Agreement.
2)Contain an additional insured endorsement in favor of the City, its mayor, council,
officers, agents, employees and volunteers. .
c. Workers' compensation insurance with statutory limits and employer's liability
insurance with limits of not less than one million dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in favor of the City, its
mayor, council, officers, agents, employees and volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the City, its mayor, council,
officers, agents, employees, or volunteers and any insurance or self-insurance maintained by the City, its mayor,
council, officers, agents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall
not contribute with it.
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self insured
retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and
approved by the City in writing.
All policies shall contain an endorsement providing the City with thirty (30) days written notice of cancellation or
material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy .
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement
is satisfactorily completed as evidenced by written acceptance by the City.
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required
endorsements evidencing the insurance required. The City may withhold payments hereunder if certificates of insurance and endorsements required have not been provided.
Unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the "basic
.insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City
has approved lesser insurance requirements for CONTRACTOR.
13. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them,
or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with,
or caused by CONTRACTOR, CONTRACTOR'S employees, agents or independent contractors or companies in
the performance of, or in any way arising from, the terms -and provisions of this Agreement whether or not caused
in part by a party indemnified hereunder, except as limited by California Civil Code § 2782.
14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and
therefore shall not be construed against any party.
15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally
served, or sent by certified or registered mail, and be effective upon actual personal service or depositing in the
United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 3 5 FORMAL BIDDING PROCEDURES.
CITY:CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor 1501 Truxtun Avenue
Bakersfield, CA 93301
(805) 326-3724
CONTRACTOR:
16.FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be
instituted in Kern County, California.
17.ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior
written consent of all the parties.
18.BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be
binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives,
successors and assigns.
19.ACCOUrNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written
documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR's office during the term of this Agreement, and .for a period of three years from the date of the final payment hereunder, and said records shall be made available to City representatives upon
request at any time during regular business hours.
20.CORPORATE AUTHORITY.. Each individual executing this Agreement represents and warrants they are
duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named
herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
21. TAX NUMBERS.
"CONTRACTOR's" Federal Tax Identification Number CONTRACTOR is a (corporation/partnership/Sole Proprietorship. etc.
INDEPENDENT CONTRACTOR' S AGREEMENT
FOR CONSTRUCTION PROJECTS 3 6 FORMAL BIDDING PROCEDURES.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day
and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By:
BOB PRICE
Mayor
APPROVED AS TO FORM:
CITY ATTORNEY of the City of
Bakersfield
By:
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
FINANCE DEPARTMENT
By.
GREGORY KLIMKO
Finance Director
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 3,~ FORMAL BIDDING PROCEDURES.
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD,
County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has on
,19 , awarded to , a
organized and doing business under and by virtue of the laws of the State of
California, hereinafter designated as the "Principal," a contract for INSTALLATION OF TRAFFIC SIGNAL
CONDUIT ON H STREET -WHITE LANE TO BELLE TERRACE; and r
WHEREAS, said Principal is required under the terms of said contract; and
NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly
bound unto the Owner in the sum of Dollars ,lawful money of the
United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein
provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and
agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full
force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such
reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount
shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if
the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make. full,
complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident _
during said period of one (1) 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 contract notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
IlVDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 3 g FORMAL BIDDING PROCEDURES.
And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the
same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall ~be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully
enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this
day of ,19 ,the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal)
Principal
Signature for Principal, Title
(Seal)
Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 3 9 FORMAL BIDDING PROCEDURES.
MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation,
hereinafter designated the "Owner," has, on Date of Council Meetin~_,19 , awarded to Name of
Contractor , a .
organized and doing business under and by virtue of the laws of the State of California,
hereinafter designated as the "Principal," a contract for INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET -WHITE LANE TO BELLE TERRACE; and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said
Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in,
upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any
king, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner the penal sum of 50% of Amount Awarded at Council Meeting
Dollars ,lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or .about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract,
or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State
of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the
Government Code of the State of California, or with respect to any work or labor for which a bond is required by the
provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons,
companies, or corporations so furnishing said. materials, provisions, or other supplies, appliances, or power use, in,
upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the
provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount
hereinabove set forth, and also will pay incase suit brought upon this bond, such reasonable attorney's fees to the
Owner as shall be fixed by the court.
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.
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS 40 FORMAL BIDDING PROCEDURES.
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 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 WHEREOF, the above mentioned parties have executed this instrument under their seals this
day of ,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal)
Principal
Signature for Principal, Title
(Seal)
Surety
Surety Address ~ Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS FORMAL BIDDING PROCEDURES. 41
ESCROW AGREEMENT
FOR SECURITY DEPOSITS IN LIEU OF RETENTION
(To be completed by the Contractor, if he elects to substitute securities in lieu of retention)
THIS ESCROW AGREEMENT is made and entered into by and between:
T
whose address is
hereinafter called "Owner,"
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow
Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to
deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld b Owner ursuant Y p
to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated
(hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the
securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow 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.
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.
r 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.
INDEPENDENT CONTRACTOR' S AGREEMENT
FOR CONSTRUCTION PROJECTS FORMAL BIDDING PROCEDURES. 42
8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release
to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow
shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and
charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4)
to (6}, inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow f 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 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
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set
forth above.
Owner: Contractor:
Title Title J
Name Name
Signature Signature
INDEPENDENT CONTRACTOR' S AGREEMENT
FOR CONSTRUCTION PROJECTS 43 FORMAL BIDDING PROCEDURES.
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2"d Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H STREET -WHITE LANE TO BELLE
` TERRACE
awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the
undersigned, which contract provides for installation of traffic signal interconnects, and other facilities and under
which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby
made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship
and/or materials, and we agree to repairand/or replace at our own cost and expense, any and all such work,
and/or materials which may prove defective in workmanship or materials within a period of one (1) year
from the date of acceptance of the above named construction project, ordinary wear and tear or neglect
excepted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials
that we may disturb or displace in making good such defects.
Withintwenty-four (24) hours after being notified in writing by the City or the City's representative, or the
agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with
due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a
reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do
hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have
such work done at our expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and tuns 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.
Dated
Contractor's Name
Authorized Signature
INDEPENDENT CONTRACTOR'S AGREEMENT
FOR CONSTRUCTION PROJECTS FORMALBIDDING PROCEDURES. 44
GUARANTEE EQUIPMENT
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue .
Bakersfield, California 93301
In accordance with the terms of the Contract for:INSTALLATION OF TRAFFIC SIGNAL CONDUIT ON H
STREET -WHITE LANE TO BELLE TERRACE
' awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the
undersigned, which contract provides for installation of traffic signal interconnects, 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 prove defective or should the system as a whole prove
defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which
said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses
incurred in restoring said .systems to the condition contemplated in said contract, including the cost of any equipment
or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely
without cost to the City, so that they will operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City; the undersigned
shall have the option to make any needed repairs or .replacements. In the event the City elects to have said work
performed by the undersigned, the undersigned agrees that the repairs. shall commence to be made and such materials
as are necessary shall commence to be furnished and installed within twenty-four (24) hours of the date specified in
the. City's written notification. Contractor shall prosecute with-due diligence to complete the work within a reasonable
period of time, as specified in the City's written notification. Contractor shall prosecute with due diligence to
complete the work within a reasonable period of time,. as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as
originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said
contract.
Dated
Contractor's Name
Authorized Signature
INDEPENDENT CONTRACTOR' S AGREEMENT
FOR CONSTRUCTION PROJECTS 4S FORMAL BIDDING PROCEDURES.
This ~ should b~ sint to d1e Joint Apprsnt~hip ContmntN ~ . of the rift a uaw in ~ of the ~ of ~puogc worK. If
You h>~ antr questions as to the sddnu of the appropnato P~
~oinc A~pprrnocesrt~p. . contra th• nat. BL1C WORKS ' •9 Dihsion of A :z office of ppnntlaship si~nd~ros ~oAS~, con:wt your CONTRACT AWARD 1NF
telophon~ directory under California, Stain ot, Indusuiai ~ ~ RMAT10 N
p9latio~, for ~ OAS affico ~ your uW.
~cFOa~rtarc:o~R
11' CaNTRACTDRB STATE l.ICBVSE N0. 1
~CNtiiACTCRS WIA~Yrp AOOAES3--~Epi STAEE?. C~?Y, Z!F CCCE . AA6A CoOE 8 TQFpF~ N0.
i
NAAAE i ~OCr1TlaJ OF PUBLIC WOi~S PAO~JEC? ~I1tE OF
CONTEiACT AWAdip i .
CATS OF OtPECTED pq A~~l START OF PROJECT
WME iA00AESS OF PI~UC IIGSNCY AWAApt~q CONTRACT "''nMATF.O . ~ Nl~BEA OF,JOUgI~YMH~i HOURS
APf~£NTiCES CCt;UPAT1dV OF APPA~+ITICE ~l~Ep T10 8E E~+IPt.0YE0 ~►PPPOXIMATE OATES'p BE~~PL Yz
0 _0
Check One Of The Boxes Below:
. _ _ x ; 'Ne request dispatch of aoorentice(sf for this 'ob. We va!
! untaniy choose to comely with the aooticaole Joint Apprenticeship Comm~tiee Stanoaros for .the' duration of this ~ob oni in
assume no other obligations to the committe ! Y. tra~n~ng the aoorenticecs). We e or unions under State or Feoera~ laws.
fox 2 We reauest dispatch of aoprenticeis) for this ~ob. UUe ' ! oo net w~sn to follow the applicaoie Joint
""'r Apprenticeship Committee Sianoaros in training the ap rentices• inste P ao, we agree to employ and train
aoprenticets) in accordance with the California Apprenticeship Council re uiaiion apprentices on public wont pro acts. We assum g s governing employment of
! e no other ooligations to the committee or unions unoer Stale or Federal laws. -
Box 3 ~ We are already approved to train apprentices b the a liable ' Y pp Joint Apprenticeship Committee ana we will
employ and train under the Standards.
Box a L We do not request the dispatch of aoprentice~s) since provisions of California Labor C apprentices are not required on this !ob under the
ode Section 117?.5, because;
Signature
Typed Name
~ ~ Ti t!e Dafe
1
State of California - Dap~rtma~t of Indu:trill R~la'on: oAs :so tN.r ,~o~ OtYtSfON OF APPRENTICESHIP- STANDARDS
r
9.