HomeMy WebLinkAbout1990 Special Provisions Project 51016-001COPY N0,
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL MODIFICATION ON STOCKIaALE HIGHWAY
AT RIO BRAVO DRIVE
BID OPENING: 1.aATE May 24, 1990
TIME 2:00 P.M.
PROJECT No. 51016 §
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DEP OF PUBLIC WORDS ,32 ~
CITY OF ~RSFIELD
1501 AVIEENNUEE EXP.
BAKERSFIELD, C~ 93301 ~
Tele hcx~e: ~ 805) 326-3724 ~ ~ ~1, P '9 C ~V ~
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D21:51016 JL:lh
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 2:00 o'clock P,M. on May 24, 1990 to be publicly opened and read
immediately thereafter, for the following work:
TRAFFIC SIB MODIFICATION ON STOCKIaALE HIG~iWAY AT RIO BRAVO DRIVE
Plans and specifications, and forms of proposal, bonds, and contract, may be
obtained at the office of the Purchasing Officer by posting a refundable deposit of
- ZERO -0- )for each complete set. Refund of deposit will be
made provided the plans and specifications are returned to the Purchasing Officer
within ten (10) days from date of bid opening and the documents are in reasonable good condition.
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
PR~JVISIONS of the project, and is made in accordance with the provisions set forth
under Section 2, "Proposal Requirements and Conditions" of the Standard
S cif ications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard
Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids
are required on the entire work described herein.
Substitution of securities for moneys retained to ensure performance shall be
permitted pursuant to the provisions and requirements of Government Code 4590.
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 combination of Class C-8,
Class C-10, C-12, and C-34 Cpntractor's License at the time this contract is
awarded.
The work contemplated shall be done in accordance with the Standard S cif ications of the Department of Transportation, Business and Transportation
1, Agency, dated January, 1988, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720
et seq.) the Contractor shall not pay less than the prevailing rate of wages to
workers on this project as determined by the Director of California Department of
Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501
Truxtun Avenue, Bakersfield, California,
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 - DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance
with the Standard Specifications entitled "State of California, Department of
Trans rtation, Standard Specifications, January 1988," 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
s cial 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 Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except
h never the followin terms or pronouns are used, the intent and meaning shall we g
be as follows
City - City of Bakersfield, California.
De tm~ent 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 S cifications - Standard Specifications of the Department of
Transportation, Business and Transportation Agency, dated January, 1988.
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
s cif ied in Section 1, Definition of Terms of the .Standard Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of
Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun
Avenue, in said City, until 2 o'clock P.M. on May 24, 1990 sealed
proposals for
TRAFFIC SIGNAL MODIFICATION ON STOCKDALE HIGHWAY
AT RIO BRAVO DRIVE
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 E~~AMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND
SITE OF GVORK. The bidder is required to examine carefully the site of work, the
proposal, plans and specifications, and contract forms. It will be assumed that
the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character., quality, and quantities of work to be performed and
materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission
of a proposal shall be considered prima facie evidence that the bidder has made
such examination.
2-1.04 REJECTION OF PROP06ALS 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
imumediately following these special provisions. All proposals must give the
prices proposed, both in writing and figures, and must be signed by the bidder,
with his address. If the proposal is made by an individual, his name, telephone
number and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must
be shown. If made by a corporation, the proposal must show the names of .the
state under the laws of which the corporation was chartered and the names,
titles, and business addresses of the president, secretary and treasurer.
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2-1.06 BIDDER'S GUARAN7CEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of
Bakersfield, for an amount equal to at least ten percent (10$7 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 PRGPOSED SUBCONTRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one
percent of his total bid or $10,000, whichever is greater, in accordance with the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of
the Public Contract Code. The bidder's attention is invited to other provisions
of said Act related to the imposition of penalties for a failure to observe its
rovisions b usin unauthorized subcontractors or by making unauthorized p Y g substitutions.
A sheet for listing the Subcontractors, as required herein, is included
in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE Subcontractors after the opening of the
proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or
work mentioned in the specifications and not shaven on the drawings or spawn 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 rformed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time
prior to the time fixed in the public notice for the opening of bids by request
for the withdrawal of the bid filed with the Purchasing Department. The request
shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for
opening bids, a bid will not be received after that time, nor may any bid be
withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read
publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of
Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of
bidders and in particular to the requirement therein, that if the bidder claims a
mistake was made in his bid, the bidder shall give the Department written notice
within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail haw the mistake occurred.
D21:51016.5 -5- JL:lh
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985)
provides as follows:
Any state agency may suspend, for a period of up to three years from
the date of conviction, any person from bidding upon, or being awarded,
a public works or services contract with the agency under this part or
from being a subcontractor at any tier upon the contract, if that
person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted
by a court of competent jurisdiction of any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or
federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Section 1101,
with any public entity, as defined in Section 1100, including for the
urposes of this article, the Regents of the University of California p or the Trustees of ~-he California State University. A state agency may
determine the eligibility of any person to enter into a contract under
this article by requiring the person to submit a statement under
penalty of perjury declaring that neither the person nor any
subcontractor to be engaged by the person has been convicted of any of
the offenses referred to in this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the
proposal.
2-1.12 DISQUALIFICATION OF BIDI~RS. 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
re'ection of all ro sals in which such individual, firm, partnership, corporation
~ p ~ that or combination thereof is interested. If there is reason for believing
collusion exists-among the bidders any or all proposals may be rejected. Proposals. in which the prices obviously are unbalanced may be rejected.
SECTION 3. ACRD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be
to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity
of law bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be
awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3-1.03 CON'.CRACT B~~ND6. The Contractor shall furnish two good and
sufficient bonds. 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
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requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds
required by law for the protection of the claims of laborers and material men,
become insufficient, or the City has cause to believe that such surety or
sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding
that originally required, as is considered necessary, considering the extent of
the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor until such further
bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10)
days, not including Sundays, after the bidder has received nc~~,-.ice that the
contract has been awarded. No proposal shall be considered binding upon the
City until the execution of the contract. All contracts shall be considered as
being made and entered into in the City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided
herein within ten (10) days, not including Sundays, after-the bidder has
received notice that the contract has been awarded, shall be just cause for the
cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 Ri~TURN OF BIDDER'S GUA~E~AN'TEES. Within ten (10) days after the
award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All
other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose
proposals they accompany.
SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIIaATED LIAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and
Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions.
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 the contract has been approved by the City Council if necessary and to proceed. The
Contractor shall diligently prosecute the same to completion
before the expiration of working days.
Contract working days will commence from the date the
Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $ 200.00
per day for each and every calendar day's delay in finishing the work in excess
of the number of working. days prescribed above.
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' n for conformin to the requirements of above paragraph
Full compensatio g considered as included in the prices paid for the various items of work shall be
and no additional allowance will be made therefor.
SECTION 5. GENERAL
5-1,01 STATE CO~~ITRACT ACT NOT APPLICABLE. Sections 1-1.40, "State
Act " and 9-1.10, "Arbitration," of the. Standard Specifications are Contract , ,
eted. This contract is not governed by the provisions of the State Contract del
e ado tion and use of the Standard Specifications in the performance of Act. Th p
rk called for in this contract shall not be construed as an election by the the wo
it to roceed under Section 20396 of the Public Contract Code,. In the event C Y p ~ rties the are not obligated to submit the
that a dispute arises between the pa , Y , matter to arbitration in any form although they may do so upon written
agreement).
5-1.02 ALTERATION IN QUANTITY OF WORR. Increases in work totaling
han ten rcent ~10~) of the contract amount shall be processed as a change more t pe ,
order subject to approval by the City.
5-1.03 CONTROL OF WORK. Control of work shall conform to the
rovisions in Section 5, "CONTROL OF WORK," of the Standard Specifications p
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard cif ications is amended by adding the following paragraph after the fourth
Spe paragraph:
Workin drawings or plans for any structure not included in the plans g
furnished b the Engineer shall be approved by the Engineer before any Y
work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
tion 5-1.07 "Lines and Grades" of the Standard Specifications Sec
is amended b adding the following paragraph after the first paragraph: Y
nsecutive ints shown on the same rate of slope must be Three co po
used in canon, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the
En ineer. If such a discrepancy is not reported to the Engineer, the g
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 5pecif ications is amended to read:
When the Contractor requires such stakes or marks, he shall notify
the En ineer of his requirements in writing a reasonable length of g
time in advance of starting operations that require such stakes or
marks. In no event, shall a notice of less than 24 hours be considered
a reasonable length of time.
Section 5-1.08, "Ins ction" of the Standard Specifications is amended
~ h. by adding the following paragraph after the first paragrap .
Whenever the Contractor varies the period during which work is
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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 PR~~VAILING WAGES. Pursuant to Chapter 1 of Part 7 of
Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees
that in performing said work, by himself or through any subcontractor, eight
hours' labor shall be a day's work and forty hours' labor shall be a week°s work, and that Contractor shall keep an accurate record showing the name and actual
hours wopked for all workers employed in said work, and that said record shall be
ke t o n at all reasonable hours for inspection pursuant to Section 1812 of the p ~
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 revailing rate for each craft, classification or type of work is determined p 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
wa es bein aid. Contractor shall not interfere in any way with the City's .g .g p right to lnvestlgate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each
calendar day or portion thereof:
a. TWEN'.I~-FIVE DOLI[~ARS ( $25) 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, TI~~1TY-FIVE DOLIC,ARS ( $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 RECORD6. The fourth paragraph in Section 7-1.OlA(3),
"Pa roll Records," of the Standard Specifications is deleted and shall not apply Y
to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these
special provisions.
Attention is also directed to the requirements of the California Fair
Employment and Housing Act (Government Code Sections 12900 through 12996), to the
regulations promulgated by the Fair employment and Housing Commission to
implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article
7-l.OlA(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
a rentices, the Contractor and all Subcontractors shall submit one of the pp
following:
D21:51016.9 -9- JL:lh
1, A copy of a "Request for an Application for a Certificate of
Approval to Employ and Train Apprentices on Public Works." This
request shall be submitted to the local Department of Industrial
Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or Form PW 1,
enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the
local Department of Industrial Relations, Division of
Apprenticeship Standards.
3, Proof of a Collective Bargaining Agreement with the Joint
Apprenticeship Committee providing for apprentices.
One of the above shall be submitted by the low bidder to the City of
Bakersfield Purchasing Division, within two (2) working days following the bid
opening.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If~the contract price for the project includes an expenditure in
excess of ~Y-FINE THOUSAND DOL]GARS ($25,000) for excavation of any
trench or trenches five feet or more in depth, the Contractor or his
Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the City Engineer and
the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be
prepared by a Registered Civil or Structural Engineer.
Nothin in this section shall be deemed to allow the use of a shoring, g
sloping, or protective system less effective than that required by the
Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on
the awarding body or any of its employees.
n The terms "Public Works" and "Awarding Body," as used in this section,
shall have the saner meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 S(XJND CONTROL REQUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard
Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of
9:00 P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying
with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or
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related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of
loud sound signals shall be avoided in favor of light warnings except those
required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits
and licenses, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work from any and all
governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING H0~1RS. Contractor shall limit his field working hours
from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and
directed to the Construction Engineer at the Pre-Job Conference. written
a royal from the Construction Engineer is required for work beyond these limits. pp
An time work proceeds beyond the time limits or on holidays or weekends, the Y Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1,12 ~ 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
a roved by the City Risk Manager and the Public Works Department, nor shall the Pp
Contractor allow any Subcontractor to commence work on his subcontract until said
certificates of insurance have been filed and approved by the City Risk Manager
and the Public Works Department. Contractor shall be responsible for any
deductibles under all required insurance policies.
5-1.13A HOLD H~ARMI~SS. The Contractor shall save, hold harmless and
indemnify the City, its officers, agents, employees and volunteers from
all claims, demands, damages, judgments, costs or expenses in law or
equity that may at any time arise from or~related to any work performed
by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed
contract documents and bonds the."Hold Harmless Agreement," a copy of
which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond
required under the terms of this agreement and specifications, the
Contractor shall procure and maintain for the duration of this agreement the follo~aing types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons,
D21:51016.11 -11- JL:lh
property damage and personal injury, with limits of not less than one
million ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned,
non-owned and hired autos.
General liabilit insurance, providing coverage on an occurrence basis
for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than one million
($1,000,000) per occurrence.
The liability policies shall provide contractual liability coverage for the terms of this agreement.
The. liability policies shall contain an additional insured endorsement
in favor of the City, its mayor, council, officers, agents, employees
and volunteers;
Workers' c nsation with statuto limits and e 1 er's liabilit insurance with limits of not less than one million ($1,000,000) per
accident.
The workers' compensation policy shall contain a waiver of subrogation
endorsement in favor of the City, its mayor, council, officers, agents,
.employees and volunteers.
All policies required of the Contractor hereunder shall be primary
insurance as respects the City, its mayor, council, officers, agents,
e to ees and volunteers and any insurance or self-insurance maintained ~ Y
by the City, its mayor, council, officers, agents, employees and
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written
notice of cancellation or material change in policy language or
terms.
If any part of the work under this agreement is sublet, similar
insurance shall be provided by or on behalf of the subcontractors
to cover their operations.
The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this
agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be
included in the Contractor's bid, and no additional allowance will
be made for additional costs which may be required by extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the
Contractor shall provide the City with the foreman's or superintendent's name who
will be in charge of this project.
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5-1.15 DAMAGE BY STORM, FLOOD, TIDAL (EVE OR EARTHQUAKE. Section 7-1.165, "Dania e by Storm, Flood, Tidal Wave or Earthquake," of the Standard g
Specifications is deleted and shall not apply to this contract.
5-1.16 Wt~RK IN CITY STREETS. All of the work shown on the plans and
included in these specifications that is located in the public streets in the City
of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and
requirements of the City Engineer and Superintendent of Streets of the City of
Bakersfield and shall conduct his operations in compliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed
will be provided by the City. The Contractor shall make his own arrangements,
and pay all expenses for additional area required by him outside of the limits of
right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the
City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in
any other respect to prosecute the work with the diligence and force specified
and intended in and by the terms of the contract, notice thereof in writing will
be served upon him, and should he neglect or refuse to provide means for a
satisfactory compliance with the contract, as directed by the Engineer, within
the time specified in such notice, the City Council in any such case shall have the paver 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
re resentative; may employ other parties to carry the contract to completion, p
employ the necessary workmen, substitute other machinery or materials, and
purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work
or any part thereof . Any excess of cost arising therefrom over and above the
contract price will be charged against the Contractor and his sureties, who will
be liable therefor. In the event of such suspension, all money due the
Contractor or retained under the terms of this contract shall be forfeited to the
City; but such forefeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties
will be credited with the amount of money so forfeited toward any excess of cost
over and above the contract price, arising from the suspension of the operations
of the contract and the completion of the work by the City as above provided, and
the Contractor will be so credited with any surplus~remaining~after all just
claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such
non-compliance with the contract as to warrant the suspension or annulment
thereof, the decision of the City Council shall be binding on all parties to the
contract.
5-1.19 TIEMFORARY SUSPENSION OF WnRK. 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
D21:51016.13 -13- JL:lh
carry out orders given, or to perform any provisions of the work. The Contractor
shall immediately obey such order of the Engineer and shall not resume the work
until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial
Pa nts," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are
furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and
requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered
facts, nullify the whole or any part of any certificate for payment, to
such extent as may be necessary to protect the City from loss due to
causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing
of claims;
c. Failure of Contractor to make payment due for materials and/or
labor;
d. Information causing reasonable doubt that the contract can be
completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued
for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of
the. Standard Specifications is amended to read:
The Director will make the final determination of any claims which
remain in dispute after completion of claim review. Aboard or person
designated by said Director will review such claims~.and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a
final estimate of the amount of work done, thereunder, and the value of such work,
and the Cit shall pay the entire sum so found to be due after deducting y
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 pay~ents 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 X30)
days from the date the "NOTICE OF C~NiPLETION" is recorded at the County
Recorder's Off ice and after execution and return by the Contractor of the
attached GUARANTEE when .applicable.
D21:51016.14 -14- JL:lh
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
z: defective work or improper materials.
And the Contractor further agrees that the payment of the final amount
due under the contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City, the City
Council, and the Engineer from any and all claims or liability on account of work
performed under the contract or any alteration thereof.
5-1.22 INCIR~~ASED OR DECREASED QUANTITIES. The word "compensation" in
the following paragraphs of the Standard Specifications is replaced with the
words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Section 24-1.08, "PAYMENT".
Second paragraph of Section 36-1.07, "PAYMENT".
Tenth paragraph of Section 39-8.02, "PAY~~IENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held
responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this
project.
SECTION 6. CONTRC)L OF MATERIALS
b-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. z
All tests of materials furnished by the contractor shall be made in
accordance with co~nonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORRIOW, 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,
D21:51016.15 -15- JL:lh
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
llution 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 Con~liance.
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions
in Section 5-1.05, "Order of Work," of the Standard Specifications and these
special provisions.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation
hole Amax. 1" dia.) in front of each signal indication. The covers shall remain
in place until all signal operations have been checked and signal is placed into
operation.
Prior to commencement of the traffic signal functional tests, all
items of work related to the signal control shall be completed and all signs shall be in place.
7-1.02 OBSTR~JCTIONS. Attention is directed to Section 8-1.10,
J "Utility and Non-Highway Facilities," of the Standard Specifications, the plans,
and the special provisions.
The Contractor will be required to work around public utility facilities
and other improvements that are to remain in place within the construction area
or that are to be relocated and relocation operations have not been completed.
In accordance with the provisions of Article 7-1.11, "Preservation of Property,"
and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the
Contractor will be liable to owners of such facilities and improvements for any
damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the
construction area shall be ascertained by the Contractor before using equipment
that may damage such facilities or interfere with the services. Other forces
may be engaged in moving or removing utility facilities or other improvements or
D21:51016.16 -16- ,JL:lh
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary
delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the
utility is shown or correctly located on the plans will not be compensated for
as idle time. However, additional contract time commensurate with such delays
may be allowed.
At locations where irrigation systems exist, the Engineer will direct
the Contractor as to what steps will be required to protect the irrigation
system and the area it serves. The Contractor shall replace the irrigation
system as directed by the Engineer.
Existing land subdivision monuments and stakes shall be fully protected
from damage or displacement and they shall not be disturbed unless directed by
the Engineer.
Attention is directed to the fact that nuisance water may be present at
all times along the project. It will be the responsibility of the Contractor to rovide for handlin of said water and any expense involved shall be considered
p ~ ~ g rk and no additional as included 1n the prices paid for the various Items of wo
allowance will be made therefor.
Except in the case of extra work, full compensation for conforming to
the requirements of this article shall be considered as included in the prices
paid for the various items of work and no additional compensation will be made therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when
performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and other warning and safety devices and their use
shall conform to the requirements set forth in the current "Manual of Traffic
Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon
Highways," published by the State of California, Departn~nt 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 im~rtediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as
follows:
Construction operations shall be actively in progress only between the
hours of *[8:30 AM-4:00 PM), Monday through Friday. There construction
operations are actively ~.n progress, a minimum of one traffic lane,
not less than twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in progress,
not less than two such lanes shall be open for use by public traffic.
Public traffic may be permitted to use the shoulders and, if
D21:51016.17 -17- JL:lh
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 acco~mnodation of public traffic thereon during
paving operations.
In order to expedite the passage of public traffic through or around
the work and where ordered by the Engineer, the Contractor shall, at
his own expense, furnish, install and maintain construction area
signs, lights, flares, temporary railing Type K}, barricades, and
other facilities for the sole convenience and direction of public
traffic. Also, where directed by the Engineer, the Contractor shall
furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When
deemed necessary by the City, the signs "Road Construction Ahead,"
No. C-18, and "End Construction," No. C-13, shall be furnished,
installed ,and maintained by the Contractor at locations as directed by
the Engineer at least 48 hours in advance of any construction.
7-1.04 EXISTING HIG~~Y FACILITIES. The work performed in
connection with various existing facilities shall conform to the provisions in
Section 15, "Existing Highway Facilities," of the Standard Specifications and
these special provisions.
Existing City highway signs and street markers shall remain the
property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed
prior to construction.
Existing City highway signs and street markers shall be placed in
their permanent position by the Contractor's forces prior to completion of
construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue.
PAY~!~ENT. Full compensation for conforming to the requirements of the
two preceeding paragraphs shall be considered as included in the prices paid for
the various items of work and no additional allowance will be made therefor.
7-1.05 SAWCt]T ASPHALT CONCRI~'E PAVEMENT. Where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall
be saw cut to a neat line. The depth of cut shall be sufficient so that damage
to adjacent asphalt concrete, which is to remain in place, will not occur during
excavation operations.
The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge
will be corrected by the Contractor by additional cutting prior to the start of
paving operations.
Full compensation for conforming to the requirements of this article
shall be considered as included in various items of work and no additional
allowance will be made therefore.
7-1.06 REMc~►VE CONCIRETE. Removing concrete shall conform to the
provisions in Sections 15, nExisting Highway Facilities," 16, "Clearing and
Grubbing," and 19-1.04,."Removal and Disposal of Buried Man-Made Objects," of.
D21:51016.18 -18- JL:lh
the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the
provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of
Way," of the .Standard Specifications.
MEASUR~~MENT AND PAYMENT. Removing concrete and asphalt concrete within median will be measured and paid for as roadway excavation.
7-1.07 CLIr~ARING AND GRUBBING. Clearing and grubbing shall conform
to the provisions in Section 16, "Clearing and Grubbing," of the Standard
Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually
affected by the planned construction as directed by the Engineer.
7-1.08 DUST COIVT~L. It shall be the Contractor's responsibility
to prevent a dust nuisance from originating from the site of the wor as a
result of his operations, or the traveling public, during the effective period
of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
1. Water shall be applied to all unpaved areas as required to
prevent the surface from becoming dry enough to permit dust
formation.
2. Paved surfaces over which vehicular traffic is permitted to
travel shall be kept free of dirt.
Temporary suspension of the work, either as a result of order by the
Engineer, or as a result of conditions beyond the control of the Contractor
shall not relieve the Contractor from his responsibility for dust control as set
forth herein.
PAYMENT. Full compensation for conforming to the requirements of this
article shall be considered as included in the prices paid for the various
contract items of work and no additional compensation will be allo~ved therefor.
7-1.09 EA~T'HWnRK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special
provisions.
Section 4-1.05. "Use of Materials Found on the Work," of the Standard
Specifications shall be amended to read as follows:
Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the
Engineer, may use in the proposed construction such stone, gravel,
sand or other material suitable in the opinion of the Engineer as may
be found in excavation. The Contractor will be paid for the excava-
tion of such materials at the contract price for such excavation, but
he shall replace at his expense with other suitable material all of that portion of the material so removed .and used which was contem-
plated for use in the work. The Contractor shall not excavate or
remove any material from within the highway location that )s not
within the excavation, as indicated by the slope and grade lines,
D21:51016.19 -19- JL:lh
without written authorization from the Engineer.
It is anticipated that there will be cubic yards of surplus
material which shall become the property of the Contractor and shall be disposed
of outside of the highway right of way in accordance with the provisions of
Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the
Standard Specifications.
then asphalt concrete is to be placed on the grading plane, the grad-
- in plane at any point shall not vary by more than 0.05-foot above or below the g ,
grade established by the Engineer.
Section 19-3.062, "Slurry Cement Backfill," of the Standard
Specifications is deleted and shall not apply to this contract.
The relative compaction limits specified in the second paragraph of
Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard
S cifications are amended to the limits shown on the plans and typical cross-
` D1557-70 Method "C" Standard Test sections and shall be determined by. ASTM ~
Method for Moisture-Density Relations of Soils using 10 lb. (4.5 Kg) rammer and
18" (457mm) drop, Calif. Test Methods 216 or 231. The subgrade must be smooth,
uniform and true to the required grade.
The estimated quantity of roadway excavation * (and imported borrow)
shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY
QUANTITIES" of the standard specifications.
7-1.10 FINISHING ROADWAY. Finishing roadway shall conform to the
rovisions in Section 22, "Finishing Roadway," of the Standard Specifications p and these special provisions.
In addition to the conditions, provisions and requirements of Section
22-1.01 "Descri tion," of the Standard Specifications, the following shall p
applys
The Contractor shall remove, from all affected areas, whether inside or outside the roject limits, all excess and/or objectionable material
p on inating within the project limits and transported by public traffic g ,
or by the Contractor's operations.
The Contractor ma use an method, approved by the Engineer, that does y Y
not create a dust problem to remove the excess and/or objectionable material
from the affected areas. Hawever, in residential areas, when a broom is used, a self-contained ick-u t ,power broom with water distribution system shall
p p Yip be used.
PAYMENT. The first paragraph in Section 22-1.03, "Payment," of the
Standard Specifications, is amended to read:
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in
finishing the entire project, including all ramps, connecting roads and
streets, frontage roads, road approaches, and channelized
intersections, whether inside or outside the highway right of way, and
all other areas, whether inside or outside the project limits, affected
by public traffic or by the Contractor's operations, all as shown on
D21:51016.20 -20- JL:lh
the plans, and as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer, shall be
considered as included in various items of work and no additional
compensation will be made therefor.
7-l.ll AGGREGATE BASE. Aggregate base shall be Class 2 and shall
w conform to the provisions in Section 26, "Aggregate Bases," of the Stan ar Specifications and these special provisions.
Aggregate base shall be compacted to 95~ relative compaction.
C action will be determined by the following test methods: California No. 216,
California No. 231, or ASTM D1557-70, Method C.
For verification urposes, the tonnage of compacted aggregate base will p
be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer.
7-1.12 ASPHALT CONCRETE. Asphalt concrete shall be Type B and shall
conform to the provisions in Section 39, "Asphalt Concrete," of the Standard
Specifications and these special provisions.
Aggregate for the top layer of T~~pe B asphalt concrete shall conform to the requirements for 1/2 inch maximum, medium grading and aggregate, for any
lower layers of Type B asphalt concrete shall conform to the requirements for 3/4
inch maximum, medium grading, both as specified in Section 39-2.02, "Aggregate",
of the Standard Specifications.
when directed by the Engineer, aggregate conforming to any of the
grading requirements in Section 39-2.02, "Aggregate," of the Standard Specifications shall be used to surface intersections, tapers, and other areas
where thin layers of asphalt concrete are being constructed.
Paving joints shall match stripe locations.
where new asphalt concrete pavement is to conform to existing paved
surfaces, the existing pavement shall be saw cut.
The miscellaneous areas to be paid for at the contract price per
square yard for place asphalt concrete miscellaneous area) in addition to the
prices paid for the materials involved shall be limited to median islands and
driveways.
v The subgrade beneath surfacing for median islands .shall be
chemically treated for weed control. The chemical applied shall be 2,
6-dichlorobenzonitrile and shall be applied in accordance with the manufac-
turer's recon~nendations and these special provisions. The rate of application
shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete
shall be placed over the treated subgrade within 2 hours of chemical application
when air temperature is higher than 50° F. At air temperatures lower than 50°
F., asphalt concrete shall be placed on treated subgrade within 10 hours of che- mical application. Should "wettable powder" type chemical be used, a suitable
fugitive dye shall be incorporated in the mixture so that coverage and spread
rate may be verified.
Full compensation for chemically treating soil as specified in this
section will be considered as included in the contract price paid per square
D21:51016.21 -21- JL:lh
yard for place asphalt concrete (miscellaneous area).
7-1.13 RI~ADSIDE SIC~1S. Roadside signs shall conform to the
provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and
these special provisions.
Miscellaneous roadside si s shall conform to City Standard TS-4. where sign posts are placed within concrete sidewalk
the sidewalk shall be core drilled. Roto hammering or other
similar methods will be permitted provided that the
perimeter of the damaged area is sawcut to the limits
required to forma neat finish as directed by the Engineer.
MEASU]_~ENIENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for install roadside signs (GSP Post).
Installation of one or more sign panels mounted on a single post shall be
counted as one roadside sign (GSP Post).
7-1.14 OVERHEAD SIGNS. Overhead signs shall conform to the
applicable provisions in Section 56, "Signs," of the Standard Specifications
and these special provisions.
Mast-arm han ers for street name signs will be furnished
and installed by the City.
Street name si swill be furnished and installed by City of
Bakersfield using mast-arm hanger methods such as Hawkins
M10J Series swinging sign bracket, with return spring
removed, or acceptable equal.
Overhead signs installed on signal poles, mast-arms or on
flashing beacon mast-arm shall be furnished and installed by
the Contractor in accordance with the plans and these
special provisions. Compensation for overhead signs shall
be considered included in the respective contract lump sum
rice or prices for signal, flashing beacon, or combination P thereof .
7-1.15 MISCELLANE~JS CONCRETE CONSTRUCTION. Portland cement
concrete 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 provisions.
M1ASUR~~MENT AND PAYI!~ENT.
Quantities of minor concrete {sidewalk) shall be paid for at the
contract price per square foot of sidewalk.
Quantities of minor concrete.{wheelchair ramp) shall be paid for at the contract price per square foot of wheelchair ramp:
Quantities of minor concrete {median curb), Type M shall be paid for
at the contract price per linear foot. Construction of concrete nose at end of
median island shall be considered as included in the price paid per linear foot
of minor concrete (median curb) and no additional compensation will be allowed
therefor.
D21:51016.22 -22- JL:lh
SECTION 7 CONSTRUCTION DETAILS
SECTI~1 7-2 TRAFFIC SIQVALS AND LIC~ITING
7-2.01 F(~1NLIATIONS. Foundations shall conform to the provisions in
Section 86-2.03, "Foundations," of the Standard Specifications and these special
provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be
used for new foundations and shall furnish the appropriate nuts and washers for
existing foundations to be reused.
Portland cement concrete shall conform to Section 90-10, "Minor
Concrete," of the Standard Specifications and shall contain not less than 470
unds of cement r cubic ard, except for pile foundations shall contain not po pe Y
less than 564 pounds of cement per cubic yard.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section
86-2.05, "Conduit," of the Standard Specifications and these special provisions.
Insulated bonding bushings will be required on metal conduit. Conduit
shall be bored under existing street pavement unless open trenching is allowed by
the Engineer due to poor soil conditions or other circ~~mstances.
7-2.0.3 PULL BOXES. Pull boxes shall conform to the provisions in
Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to
the rovisions in Section 86-2.08, "Conductors," and Section 86-2.09, '°Wiring," p of the Standard Specifications and these special provisions.
CONDUCTORS - The Contractor shall use multi-conductor
electrical cables for all circuits except between the service switch and
controller cabinet.
Onl mul~:i-conductor cable conforming to the following shall be used: Y
5 Conductor cable consisting of 5 No. 14 conductors colored 1 each
red, yellow, brown, white and black.
9 Conductor cable consisting of 1 No. 12 conductor colored white and
8 No. 14 conductors colored 1 each red, yellow, brown, black,
red black stripe yellow black stripe, brown black stripe and white/black stripe.
28 Conductor cable consisting of 1 No. 10 conductor. colored white and
27 No. 14 conductors colored as indicated in the following conductor
table for a single ring operation.
D21:51016.23 -23- JL:lh
7-2.05 TESTING. Testing shall conform t~ the provisions in Section
86-2.14, "Testing," of the Standard Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces
uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the
a provisions is Section 86-2.14C "Functional Testing," of the Standard
Specifications and the following paragraph:
Functional test period is included in the number of working days to
complete the project" as described in SECTION 4, "BEGINNING OF Ti►pRK,
TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7-2.06 SIGNAL FACES AND SIC~IAL HIEADS. Signal faces, signal heads and
auxilia e i nt, as shown on the plans, and the installation thereof, shall rY ~ ~
conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02,
"Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and Backplates shall not be
structural plastic.
All 1 s for traffic signal units shall be furnished by the
Contractor.
All signal faces shall be provided with 12-inch sections.
The third sentence of the first paragraph of Section 86-4.06, "Signal
Mountin Assemblies," of the Standard Specifications, shall be amended to read as
g follows:
Slip-fitters and terminal compartments shall be cast
bronze or hot-dip galvanized ductile iron.
7-2.07 PEDESTJ~ICAN SIC~vAIS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard
Specifications and these special provisions.
strian si als shall be C, and shall have energy efficient heads Pede gn 'rYi~
equivalent to Indicator Controls Corporation Model 4094B.
7-2.08 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "Hi h Intensity-Discharge Luminaires," of the Standard g
Specifications and these special provisions.
Luminaires shall be furnished with 200-watt high pressure sodium lamps
and integral ballasts.
An in-line fuse shall be located in the pull box.
7-2.9 PHC~I~OELECTRIC COILS. Photoelectric controls shall conform
to the rovisions in Section 86-6.07, "Photoelectric Controls", of the Standard p
Specifications and these special provisions.
D21:51016.24 -24- JL:lh
- Each luminaire shall be provided with a Type IV photoelectrical control.
7-2.10 CONTROLLERS, CABINI~'S AND AUXILIARY' EQUIPMENT. The City will
furnish the controller and cabinet assembly for each location.
_ 7-1.11 DETECTORS, Detectors shall conform to the provisions in Section 86-5, 'Detectors," of the Standard 5 cifications and th '
pe ese special provisions. Location and layout of detector loops shall be as directed by the
Engineer.
_ INSTALLATION DETAILS: Installation and tests shall conform
to the details and notes shown on the plans.
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 1/8 inch of the pavement
surface. The se!lant shall be at least 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 may be filled with
either of the following materials:
1. An elasto~neric sealant conforming to the following:
The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant
shall be suitable for use in both asphalt concrete and Portland cement concrete.
The cured sealant shall have the following performance
characteristics:
Measuring Standard Property and Results And Conditions
Hardness (indentation) - 65-85 ASTM D 2240 Res. Type A, Model 1700
77° F. (25° C.) 50~ relative humidity.
Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM.
Elongation - 400, minimum ASTM D 412 Die C, pulled at 20 IPM.
Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2'°
Mandrel.
Weathering Resistance - Slight ASTM D $22 Weathero~mmeter 350 Hrs.
Chalking Cured 7 days at 77° F. (25° C.} 50~
relative humidity.
Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.)
minimum Tensile; 400, minimum 5~ NaCl, Die C, pulled at 20 IPM.
elongation
D21:51016.25 -25- JL:lh
.Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature
range of -30° C. to 50° C.
. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of
California Specification 8040-41A-15.
Loo conductors shall be installed without splices and shall terminate in p the nearest pull box. The loops shall be joined In the pull box in combination of
series and parallel so that optimum sensitivity is obtained at the sensor unit.
_ Final splices between loops and lead-in cable shall not be made until the operation
of the loos under actual traffic conditions is approved by the Engineer. p
All loop conductors for each direction of travel for the same phase of a
traffic signal system, in the same pull box, shall be spliced to a cable which shall
be tun from the ull box adjacent to the loop detector to a sensor unit mounted in p, the controller cabinet. Splices to the cable shall be made in pull boxes only.
All loop conductors for traffic counters shall terminate in a pull box or
terminal strip in the traffic count station cabinet when such a cabinet is
installed.
Conductors dor inductive loop traffic signal and traffic counting installations shall be identified and banded, in pairs, by lane, in the pull box
adjacent to the loops and near the termination of the conductors in the controller
or traffic count station cabinet. Bands shall conform to the provisions in Section
86-2.09, "Wiring."
Identification of each conductor pair shall consist of labeling the
phase and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in permanent ink on a tag suitably for such .purposes (Stuart Electric Ty Rap, Catalog No. TY5532
or approved equal).
If asphalt concrete surfacing is to be placed, the loop detector
conductors shall be installed prior to placing the uppermost layer of asphalt
concrete. The conductors shall be installed, as shown on the plans, in the compacted
layer of asphalt concrete in~nediately below the uppermost layer. Installation
details shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy
sealant.
Loop detector lead-in cables shall conform to the provisions in Section
86-5.01~~ (4), "Construction Materials," of the Standard Specifications and these
special provisions.
Loo detector lead-in cables shall be Type B, and shall conform to p
the following:
1, All spade connectors used to attach to terminals
inside the controller cabinet shall be crimped and
soldered to the conductor.
2. Loop wires in the pull box shall be twisted at a
minimum rate of 5 turns per foot, and the splice
must be soldered and completely waterproof. Connect
one end of the shield to earth ground (at cabinet)
and insulate the other end with no possible path
to earth ground.
D21:51016.26 -26- JL:lh
7-2.12 GUARANTEE. The Contractor shall furnish a written guarantee to
the City on the form attached, guaranteeing all systems, except traffic signal
lamps, installed under this contract for a period of one ~1) year from the date of
acceptance of the work. The guarantee, properly executed, shall be filed with the
City before notice of completion and final acceptance is made by the City of the
work described on the plans and these special provisions.
7-2,13 PAY1!~ENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and
these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations
shall be considered as included in the contract lump sum price paid for the item
requiring foundations and no separate payment will be made therefor.
D21:51016.26A -26A- JL:lh
8040-41A-15
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
m
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 1981
State of California S cif ication 8010-X~~X-99 Inspection, Testing and
Other. Requirements for Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations.
Board, Ref. 49CFR.
3.0 REQUIRI~MENTS
3.1 Composition
The c sition of the loop sealant shall be a sand filled, pourable,
water emulsified bitumen. It will be the manufacturers responsibility
to produce a one-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
D21:51016.27 -1- JL:lh
As haltic Emarlsion Inductive Loop Sealant ~ 8040-41A-15 p
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2°F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 + 5°F. and 50 + 10~ relative humidit . Condition mandrel and specimens 2 hours at
°y inches 75 + 2 F before test. Use aluminum panels, 0.03
thick (Q panel or equal).
3.3.2 Tensile Strength, psi, 20 rninimtun
cast sheets 0.25 inches thick and air dry at
?5 + 5°F, 50 + 10~ relative humidity for minimum of
16 hours, Load rate 0.05 inches/minute, use ASTM D2523.
Elon ation ~ 2.0 minimum 3.3.3 g
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 with no loss
d blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottom with tape and fill with the well stirred concrete
sample, strike off the excess. Dry in 140°F oven to
constant weight and condition 1 day at 75 + 2°F before
testing. Load rate to be 5000 lbs/minute.
3.3..5 Resistance to water No blistering,
Use ASTM D2939, Alternative B re-emulsification or loss of
adhesion
3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be
Basil redispersed with minimum resistance to the sideways. manual Y motion of a paddle across the bottom of the container. It shall form a
smooth uniform product of the proper consistency. If the material
Basil redis rsed due to excessive settlement as described cannot be y pe
above or due to any other cause, the sealant shall be considered unfit
for use.
D21:51016.28 -28- JL:lh
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage
conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred
in replacing material that is unfit for use, The properties of any
replacement material, as specified in Paragraph 3.0, shall remain
satisfactory for 12 months f ram 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 DELIVER
5.1 Packaging
The sealant shall be prepared in a one package system ready for
application. The material shall be furnished in container size as
specified in the purchase order or contract. If ordered in 5 gallon size the containers shall be new, round standard full open head with
bails, shall be nonreactive with the contents, and shall have
c atible askets. The containers shall comply with the U.S. ~ g
Department of Transportation or the Interstate Commerce Cc~nission
regulations, as applicable.
G 5.2 Marking
All containers of material shall be labeled showing State
specification number manufacturers name, date of manufacture and
manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as
outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
D21:51016.29 -29- JL:lh
is Emulsion Inductive Loo Sealant ~ 8040-41A-15 Asphalt. p
6.0 NOTES
6.1 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 r hand ured into the slots. Due to the sand content of this material,
~ ~ f road surf ace or tools can pumping is not recomimended. Any clean up o
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 dul authorized representatives, from all suits at Y
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 6-1.07 of
California Department of Transportation Standard Specifications, January 1981.
6
D21:51016.30 -30- JL:lh
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE ExTENSION N0. QUANTITY MEASURE (in figures) PRICE
(in fi res)
_ 2 65 TONS .Aggregate Base
Class II
3 36 TONS Asphalt Concrete
Type "B..
4 241 LF Minor Concrete Type "M" Median Curb
5 6 CY Minor Concrete
(Sidewalk)
6 ' 28 SQYD Place Asphalt Con-
. Crete
(Misc. areas
~ 1 EA Install Sign
8 1,5 CY Minor Concrete
(V~heelchair Ramp )
9 LS L5 Install Traffic Signal and Lighting
S stem
TOTAL
SIGNED - Bidder Company
Address
City State Zip Code
( )
Area Code Telephone Number
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF
PERJURY.
D21:51016.32 Page 2 of 2 JL:lh
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 ension Price column for the item shall be used to determine the correct Unit Ext
Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price
column shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price
column shall be divided by the estimated quantity for the item and the
price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete
the following form, setting forth the name and the location of the mill, shop
or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or
improvement in excess of one-half of one { 1$) percent of prime Contractor' s
total bid, or TEN THOUSAND DOLILARS {$10,000), whichever is greater, and the rtion of the work which will be done by each subcontractor. This list is to
be completed and submitted with said bid proposal. '
Subcontractor's Nape Description of portion
and Street Address {Cit , State, Zi ) of work subcontracted
{attach additional sheets if needed)
If this proposal is accepted and the undersigned fails to execute the
aforesaid contract and to provide surety bonds and evidence of insurance
acce table to the City as is required within eight {8) days, not including p
Saturdays, Sundays and legal holidays, 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
securit shall be forfeited and shall become the property of the City. City Y , shall then be free to accept the bid of another bidder.
D21:5101b.33 -33- JL:lh
[This form shall be cv~mpleted by all Bidders and submitted w~th the Bid].
TRAFFIC SIGNAL MODIFICATION ON ST~~CKIaALE HIC~IWAY
AT RIO BRAVO DRIVE
NONCOLLtJSION AFFIIaAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
State of California ) ss:
County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title ~~Y 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 an manner, directly or indirectly, sought by agreement, communication, or
Y 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
an other bidder, or to secure any advantage against the public body awarding Y
the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; arid, further,-that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and
will not pay, any fee to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of , 19 .
D21:51016.34 -34- JL:lh
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified
check," or "bidder's bond," as the case may be), in amount equal to at least ten
percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals
are as follows:
IMPORTANT NOTICE If ,bidder or their interested person is a corporation, state
legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a
copartnership, state true name of firm, also names of all individual copartners
composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIC~1
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation
shall be set forth above tcx~ether with the signature of the officer or
officers authorized to-sign contracts on behalf of the corporation; if
bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners
authorized to sign contracts in behalf of the copartnership; and if
bidder is an individual, his signature shall be placed above. If
signature is by an agent, other than an officer of a~corporation or a
member of a partnership, a Power of Attorney dust be on file with
the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address
Telephone No .
Place of Residence
Dated 19.....
D21:51016.35 -35- JL:lh
BIDDER'S BOND TO ACCAMPANY PRQPOSAL
(Not necessary if cash or certified check is with bid)
KN~1 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 SUC~I:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
(~NTRACTORS 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 i~iEREOF, we have hereunto set our hands and seals this day
of , 19 .
(Seal)
(Seal )
(Seal)
D21:51016.36 Page 1 of 2 JL:lh
STATE OF CALIFORNIA ) ss.
COUNTY OF
On this day of 19....,., before me, i
.•••••.•••••••..••.••a.•••.•.•.•••.•.•.•••••s•.•••.•••••....••••••••..••,
a notary public in and for the County of State of
California, personally appeared
% / personally known to me / /proved to me on the basis of
~ satisfactory evidence
to be the person whose name is subscribed to the within instrument as
the Attorney in Facto
and acknowledged to me that he subscribed the name of
,,,,,,,,,,,,,,,,;...........,.............thereto as surety, and his awn
name as Attorney in Fact.
IN WITNESS ~ERF~F I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
Notary Public in and for said County and State
D21:51016.37 Page 2 of 2 JL:lh
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
- 1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL MODIFICATION ON STOCKI~LE HIGHWAY AT RIO BRAVO DRIVE ,
awarded on , between the City of Bakersfield (hereinafter
referred to as the City), and the undersigned, which contract provides for the
installation of lighting and/or traffic signal system , and under which contract the undersigned has furnished and installed such system,
the following guarantee of the said system is hereby made.
Should any of the equi~mment installed pursuant to said contract,
except lighting elements, prove defective or should the system as a whole prove
defective, due to faulty workmanship, material furnished, or method of installa-
tion, or should said system or any part thereof fail to operate properly, as lanned, due to any of the above causes, all within (1) year after date on which
p a rees to reimburse the said contract is accepted by the City, the undersigned g
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 equi~ent
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 replace-
ments 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 nec-
essary shall commence to be furnished and installed within Twenty-Four (24) hours of the date specified in the City's written notification. Contractor
shall prosecute with due diligence to complete the work within a reasonable
period of time, as specified in the City's written notification.
Said s stem will be deemed defective within the meaning of this guar- y •
antee in the event that they fail to operate as originally intended by the manu-
facturers thereof and in accordance with the plans and specifications included in said contract.
Date Contractor's Signature
Firm
Address
D21:51016.38 -38- JL:lh
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL MODIFICATION ON STOCKDALE HIGHWAY AT RIO BRAVO DRIVE ,
awarded on , between the City of Bakersfield (hereinafter
referred to as "City"), and the undersigned, which contract provides for the
modifying of an existing, traffic signal. and modifications to an existing median,
island and other facilities and under which contract the undersigned has installed su acilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the
same to be free from imperfect workmanship and/or materials, and we
agree to repair and/or replace at our own cost and expense, any and
all such work, and/or materials which may prove. defective in
workmanship or materials within a period of one (1~ year from the date of acceptance of .the above named cons4ruction project, ordinary wear
and tear or neglect excepted. We also agree to repair and/or replace,
at our own cost and expense, any work and/or materials that we may
disturb or displace in making good such defects.
Within twenty-four (24) hours after being notified in
writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to
commence and prosecute with due diligence, all. work necessary to
fulfill the terms of this guarantee, and to complete the work within a
reasonable period of time, and in the event of our failure to so
comply, we collectively and expressly do hereby authorize the City
and/or the City's representative, or the agent of either of them, to
proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for .and runs to the benefit of both
the City of the above mentioned construction project and the City's
representative, and shall be enforceable by either of them.
DATED Contractor's Name
Authorized Signature
D21;51016.39 -39- JL:lh
HOLD H~~RMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that , agrees to
indemnify and hold harmless the City of Bakersfield, its agents, employees or any
other persons against loss or expense including attorneys fees, by reason of the
liability imposed by law upon the City, except in cases of the City's sole
negligence, for damage because of bodily injury, including death at any time
resulting therefrom, sustained by any person or persons, or on account of damage
to property arising out of or in consequence of _
(agreement name}
IT IS FiJRTHER UNDERSTOOD AND AGREED that the Contractor shall (at the
option of the City}, defend the City of Bakersfield with appropriate counsel and
shall further bear all costs and expenses, including the expense of counsel, in
the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
i/b.i. 0 JZV i.V • sV
CONTRACT N0.
TRAFFIC SIGNAL MODIFICATION ON STOCKDALE HIGHWAY
AT RIO BRAVO DRIVE
THIS AGREEMENT, made and entered into on ► by and between the CITY OF B~~KERSFIELD, a municipal corporation, herinafter called
"City," and , hereinafter called "Contractor";
WITNESSETH:
WHEREAS, City has duly advertised for sealed proposa~s for
within the City of Bakersfield. On , the contract was
awarded to Contractor upon his properly executed bid; and
WHEREAS, one of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
NaW, THEREFORE, it is mutually agreed by and between the parties hereto
as follows
ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials
for ~
within the City of Bakersfield.
ARTICLE II
The follawin shall be deemed to be part of this contract as if fully g
set forth herein:
1. Notice to Contractors 2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this contract whether actually inserted or not.
9. Hold Harmless Agreement
10 Current PW1 cif required by Specifications)
n~~.~in~ti_a~ -1- JL:lh
Lb i. 0 d L V .L V V -i
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
CITY OF B~~KERSFIELD
By
Mayor
~N~~ME OF CONTRACTOR)
By Contractor
APPROVED AS TO FORM:
By_
City Attorney
C01J~1TERSIGNED:
BY Finance Director
D21:51016.42 -2- JL:lh
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREF~!~fi1T is made and entered into by and between CITY OF
~~KERSFIELD, a municipal corporation, hereinafter called "Owner,"
.whose address is ~
and hereinafter called "Contractor",
whose address is ~
and hereinafter called "Escrow Agent ,
whose address is
For the consideration hereinafter set forth, the Owner, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of
the Government Code of the State of California, Contractor has the option to
deposit securities with Escrow Agent as a substitute for retention earnings re fired to be withheld by Owner pursuant to the Construction Contract entered
into between the Owner and Contractor for
in the amount of dated (hereinafter referred to
as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnin s, the Escrow Agent shall notify the Owner within ten (10) days
g 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 rogress payments to the Contractor for such p
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.
n?1:51016.43 -1- JL:lh
4. Contractor shall be responsible for paying all fees for the
ex uses incurred b Escrow Agent in administering the escrow account. These pe y
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.
7, The Owner shall have a eight to draw upon the securities in the
event of default b the Contractor. Upon seven (7) days' written notice to the Y Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the
Owner.
8. Upon receipt of written notification from the Owner certifying
that the Contract is final and complete, and that the Contractor has complied
with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and
charges,
9. Escrow Agent shall rely on the written notifications from the
Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this
a reement and the Owner and Contractor shall hold Escrow Agent harmless from 9 Escrow Agent's release and disbursement of the, securities and interest as set
forth above.
10. The names of the persons who are authorized to give written notice
or to receive written notice on behalf of the Owner and on behalf of Contractor
in connection with the foregoing, and exemplars of their respective signatures,
are as follows
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Si nature Signature g
Address Address
D21:51016.44 -2- JL:lh
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 G~IEREOF, the parties have executed this Agreement by their
proper officers on .the date first set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
D21:51016.45 -3- JL:lh
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 2945 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 judgement rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this
instrument under their seals this day of , the
nave and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Principal
DY'
Seal} Signature for Principal Title
Surety
Bv• ~Seal~ Signature for Surety Title
(Attach notarization form for each required signature.)
t
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