HomeMy WebLinkAbout1991 Special Provisions Project 61001COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT TRUXTUN AVENUE
r
BID OPENING: ..DATE September 20, 1991
~
TIME 11x00 A.M.
~ PROJ'ECT N0. 61001
pFESS~ 4~`
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~ DEPAR'1~'ENT OF PUBLIC WORKS ~
CITY OF B~~KERSFIELD No. 32300 ~
. 1501 TRUXTUN AVENUE Exp. Z 3~-q~
R~~ERSFIELD, CA 93301 * ~ Telephone: ~805~ 326-3724 ~ ~ ~Q
~ ,F~ OF CA~-
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of
the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California,
until 11:00 o'clock A.M, on September 20, 1991 to be publicly opened and read
immediately thereafter, in the City Council Chambers for the following work:
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT TRUXTUN AVENUE
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 Purchasng~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
PROVISIONS of the project, and is made in accordance .with the provisions .set forth
under Section 2, "Proposal Requirements and Conditions" of the Standard
. Specifications. Each bid must be accompanied by a proposal guarantee in accordance
with the requirements of article 2-1.07 of the said Section 2 of the Standard - Specifications.
The .City of Bakersfield reserves the .right to reject any or all bids. Bids
are required on~the entire work described herein.
Substitution of securities for moneys retained to ensure. performance shall be
permitted pursuant to .the provisions and requirements of Publc~Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts,, standby letters
of credit, or any other security agreed to by the Contractor and the City of
Bakersfield. The request for substitution of securities to be deposited shall be
submitted on the form entitled "Escrow agreement .for Security Deposits in Lieu of
Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded.
The work contemplated shall be done in accordance ,with the Standard
Specifications of the Department of Transportation, Business and Transportation
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 a~s 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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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic
signal.
CITY OF BAKERSFIELD
EDGAR W. SCIaULZ
- Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 - DEFINITIONS AND T]E~tM►S
1-1.01 GENERAL. This work embraced herein shall be done in accordance
with the Standard Specifications entitled "State of California, Department of
Transportation, Standard Specifications, 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
special provisions, the special provisions shall take precedence over and be used
~in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1,
"Definitions and Terms," of the Standard Specifications shall apply, except
whenever the following terms or pronouns are used, the intent and meaning shall
be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS - The Engineering Department of the City of Bakersfield.
,Director - City Engineer,
Engineer - The City Engineer., acting either directly or through properly
authorized agents, such agents acting within the scope of .the particular duties
entrusted to them.
Laboratory - The designated laboratoryauthorized by the City to~test
materials and work involved in the contract.
Standard Specifications -.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 specified in Section 1, Definition of Terms of the Standard Specifications.
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SECTION 2, PROPOSAL REQUIR]E~lENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of
Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun
Avenue, in said City, until 11:00 o'clock A.M, on September 20, 1991, sealed
proposals for
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT TRUXTUN AVENUE
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. J
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND
SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms.. It will be assumed that
the bidder has investigated, and is satisfied as to the conditions to be
.encountered, the character, quality, and quantities of work to be performed and
materials to be furnished, and as to the requirements of the specifications, the
special provisions,-and the contract. It is mutually agreed that the submission
of a proposal shall be considered prima facie evidence that the bidder has made
such .examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ER~~SURES OR
« IRREGIULARITIES. Proposals may be rejected if they show any alterations of form,
additions not called for, conditional or alternative bids,. incomplete bids,,
erasures or irregularities of any kind. Proposals in which the prices obviously
are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any
.irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to
be obtained from the Purchasing Officer, the form of which appears herein
immediately following these special provisions. All proposals must give the
prices proposed, 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 GUARANTEE. All bids shall be presented under sealed
cover and shall be accompanied by a Proposal Guaranty made payable to the City of
Bakersfield, for an amount equal to at least ten percent (107 of the amount of
said bid, and no bid shall be considered unless such Proposal Guaranty is
enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED StTBCONTRACTORS. 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 $10,400, whichever is greater, in accordance with the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of
the Public Contract Code. The bidder's attention is invited to other provisions
of said Act related to .the imposition of penalties for a failure to observe its
provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included
in~the Proposal.
Bidders are cautioned that. this listing requirement is in addition to
the requirement to provide a list of DBE Subcontractors after-the opening of the proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or
work mentioned in the specifications and not shown on the drawings or shown on
the drawings and not mentioned in the specifications shall be of the, same effect
as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or
details of work which are manifestly or obviously necessary to carry out .the
~b intent of the drawings and specifications or which are customarily furnished or
performed, shall not relieve the Contractor of his responsibility for furnishing
such omitted materials or performing such omitted work; but shall be furnished or
performed as if fully shown or described in the drawings or specifications.
2-1.09 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 anew bid.
Whether or not bids are opened exactly at the time fixed in the public notice for
opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read
publicly at the time and place indicated in the "Notice to Contractors."
Bidders or their authorized agents are invited to be present..
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of
Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a
mistake was made in his bid,. the bidder shall give the Department written notice
within 5 days after the opening of the bids of the alleged mistake, specifying in
the notice in detail how the mistake occurred.
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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 110.1,
with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California
or the Trustees of the California State University. A state agency may
` determine the eligibility of any person to enter into a contract under
. ~ this article by requiring the person to submit a statement under
penalty. of perjury declaring that neither the person nor any
subcontractor to be engaged by the person has been convicted of any of
,the offenses referred to in this section within the preceding three years.
A form for the statement required by .Section 10285.1 is included in the
proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an
_F .individual, firm, partnership, corporation, or combination thereof under the
same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is
- interested in .more than one proposal for the work contemplated may cause the..
rejection of all proposals in which such individual, firm, partnership, corporation.
or combination thereof is interested. If there is reason for believing that
collusion exists among the bidders any or all proposals may be rejected.
Proposals in which the prices obviously are unbalanced may be rejected.
SECTION 3. AWARD AND EX~~CCITION OF CONTRACT
3-1.01 C~NERAL. 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 low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CON'.CRACT. 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'.ItRACT BONDS. The Contractor shall furnish two good and
sufficient bonds, insured ~by an admitted surety insurer as set forth in Title . XIV, Chapter 2, Article 6 of the California Code of Civil Procedures. One of the
said bonds shall guarantee the ,faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (100) of the
contract price. The other of the said bonds shall be in an amount of fifty
.percent (50~} of the contract price and shall guarantee payment to laborer,
mechanics and material workers employed on the job under the contract and shall
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be in the amount and satisfy the requirements specified in Section 3248 of the
California Civil Code. .
v~henever 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 EXI~C(JTION 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 notice 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 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the
award of the contract, the City of Bakersfield w-ill 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.
LIQUIDATED DAMAGES
4-1.01 C~NERAL. 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 8-1.0?, "Liquidated 'Damages," of the Standard Specifications, and is
specifically hereby made apart of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the
Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days .
after. receiving written notice to proceed. The Contractor
shall diligently prosecute the same to completion before the
expiration of 30 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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Full compensation for conforming to the requirements of ~ above paragraph
shall be considered as included in the prices paid for the various items of work
and no additional allowance will be made therefor.
SECTION 5. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State
Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are
deleted. This contract is not governed by the provisions of the. State Contract
Act. The adoption and use of the Standard Specifications in the performance of
the work called for in this contract shall not be construed as an election by the
City to proceed under Section 20396 of the Public Contract Code. In the event
that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written
agreement) .
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases. or decreases in work
exceeding an amount of $10,000 or which, together with all other previously
approved change orders for that contract exceeds twenty-five percent (25%) of the
original contract amount, must be authorized by the City Council.
5-1.03 CO]VTROL OF WORK. Control of work shall conform to the
provisions in Section 5, "CO~JTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard
Specifications is amended by adding the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the. plans
furnished by the Engineer shall be approved by the. Engineer. before. any
work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section~5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same -rate of slope must be
used in common, in order to detect any variation from a straight grade,
and in case any. such discrepancy exists, it must be reported to the
Engineer: If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any. error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the
Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify
the Engineer~of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or
marks. In no event, shall a notice of less than 24 hours be considered
a reasonable length of time..
Section 5-1.08, "Inspection" of the Standard Specifications is amended
by adding the following paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is
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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 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of
Division 2 of the Labor Code (commencing with Section 1720}, Contractor agrees
that in performing said work, by~ himself or through any subcontractor, eight hours' labor shall be a day's .work and forty hours' labor shall be a week's work,
and that Contractor shall keep an accurate record showing the name and actual
hours worked for all workers employed in said work, and that said record shall be
kept open at all reasonable hours for inspection pursuant to Section 1812 of the
Labor Code. The Contractor .and all Subcontractors shall pay not less than the
general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined
by the Director of the California Department of Industrial Relations, and his
schedule of prevailing rates is on file and available for inspection in the
'Public Works Department. The schedule is incorporated herein by this reference.
The City shall have the right to inspect payroll records during normal working
hours and shall have the right to .question workers at any time concerning. the
wages being paid. Contractor shall not interfere in any way with the City`s
.right to investigate conformance with the wage provisions of this contract.
Contractor. shall forfeit to the City for each worker employed for each
calendar day or portion thereof
a. FIFTY DOLIC,ARS ($50} pursuant to Section 1775 of the Labor Code,
.per worker paid less than the amount to which he is entitled under
said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS ($25} pursuant to Section .1813 of the Labor
Code, per worker required to work more than eight (8)~hours per
day or more than forty (40) hours per week, except as provided in
Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS.. The fourth paragraph in Section 7-1.OlA(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply-
to this contract.
~5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section
7-1.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 7-1.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.
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If the Contractor does not have a union ..contract which provides for
apprentices, the Contractor and all Subcontractors shall submit one of the
following:
1. A copy of a "REQUEST FOR AN APPLICATION FORA CERTIFICATE OF
APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This .
request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or DAS 140,
enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the
local Department of Industrial, Relations, Division of
. Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint
Apprenticeship Committee providing for apprentices.,
One of the above shall be submitted by the low bidder to the City of
Bakersfield Purchasing Division, within two (2) working days following the bid
opening.
5-1.08 T]~ENCH SAFETY. The Contractor shall comply with .Section 6705
of the.Labor Code which provides that the Contractor's responsibility shall be as
follows:
If the contract price for the project includes an expenditure in
excess of TWENTY-FINE THOUSAND DOLIC,ARS ($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.
Nothing in this section shall. be deemed to allow the use of a shoring,
sloping, or protective system less effective than that required by the
Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on
the awarding body or any of its employees.
The terms "Public Works" and "Awarding Body," as used in this section,
shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall. conform to the provisions in Section 7-1.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
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requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or
related to the job, including but not limited to trucks, transit mixers or
transient equipment that may or may not be owned by the Contractor. The use of
loud sound signals shall be avoided in favor of light warnings except those
required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for the various contract items
of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits
and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all
governmental organization which require such permits, licenses or fees. The
Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours
. from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and
directed to the Construction Engineer at the Pre-Job Conference. Written
approval from the Construction Engineer is required for work beyond these limits. Any time work proceeds beyond the time limits or on holidays or weekends, the..
Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully
informed of all existing and future State and National laws and all municipal
ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or
which in any way affect the conduct. of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the
same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not Com~tence work
under this contract until he has obtained all insurance required under this section .and the required certificates of insurance have been filed with and
approved by the City Risk Manager and the Public Works Department, nor shall .the
Contractor allow an .Subcontractor to commence work on his subcontract until said Y
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~~FtMLESS. The Contractor shall save, hold harmless and
indemnif the Cit , its officers, agents, employees and volunteers from Y Y ,
all claims, demands, damages, judgments, costs. or expenses ~n .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 ,
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agreement the following types and limits of insurance:
Automobile liabilit insurance, providing coverage on an occurrence
basis: for bodily injury, including death, of one or more persons,
roperty damage and personal injury, with limits of not less than one p
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 liabilit licies shall provide contractual liability coverage for
Y I~ the terms of this agreement.
The liability policies shall contain an additional insured endorsement
in favor of the City, i,ts mayor, council, officers, agents, employees
and volunteers;
Workers' co nsation with statutor limits and a to 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, .itsmayor,council, officers, agents,
ernployeesand volunteers.
All licies required of the Contractor hereundershall be primary
insuranceas respects the City, its mayor, council, officers, agents,
e loyees andvolunteers and any insurance or self-insurance maintained
by the .City, its mayor, council, officers, agents, employees ,and
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
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 an art of the work under this agreement is sublet, similar Yp 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 re fired 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..
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5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction~meeting, the
Contractor shall provide the City with the foreman's or superintendent's name who
will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. ,Section
7-1.165, "Damage by S'torm,'Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the 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 ofthis 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 h.e neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within
the time specified in such notice, the City Council in any such case shall have
the power to suspend the operation of the contract. Upon receiving notice. of
such suspension, the Contractor shall discontinue said work, or such parts of it
as the City Council may designate. Upon such suspension, the Contractor's
control shall terminate, and thereupon the City. Council, or its duly authorized
.representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and
purchase the materials contracted for, in such manner as the Engineer may deem
proper; or the City Council may annul and cancel the contract and re-let the work
or any part thereof. Any excess of cost arising therefrom over and above the
contract price will be charged against the Contractor and his sureties, who will
be liable therefor. In the event of such suspension, all money due the
Contractor or retained under. the terms of this contract shall be forfeited to the City; but such 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 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the
authority to suspend the work wholly or in part, for such period as he may deem
3LH:61001.13 -13- GG:lh
necessary, due to unsuitable weather, or to such other conditions as are
considered unfavorable for the suitable prosecution of the work, or for such time
as he may deem necessary, due to the failure on the part of the Contractor to
carry out orders given, or to perform any provisions of ,the work. 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
Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications
and these special provisions.
No partial payment will be made for any materials on hand which are
furnished but not incorporated in .the work.
5-1.21' FINAL PAY~~IENT. 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 fi-nal 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 City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be
retained under the provisions of the contract. All prior partial estimates and-
payments shall be subject to correction in the final estimate and payment. ~ The
final payment shall not be due and payable until the expiration of thirty (30)
3LH:61001.14 -14- C~:lh
days from the date the "NOTICE OF COMPLETION" is recorded at the County
Recorder's Office and after execution and return by the Contractor of the
attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no
_ certificate given or payments made under the contract except the final certificate or .final payment, shall be conclusive evidence of the performance of
the contract, either wholly or in part, against any claim of the party of the
first part, and no payment shall be construed to be an-acceptance of any
defective work or improper materials.
And the Contractor further agrees that the payment of the final amount
due under the contract, and the adjustment and payment for any work done in
. accordance with any alterations of the same, shall release the City, the City .Council, and the Engineer from any and all claims or liability on,account of work
performed under the contract or any alteration thereof.
5-1.22 INCI~EASID 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, "PAY~►ZENT",
Second paragraph of Section 36-1.07, "PAYMENT".
Tenth paragraph of Section 39-8.02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held
responsible for his workers and subcontractor's well-being and their education of
handling hazardous materials when hazardous materials are encountered during this
project..
SECTION 6. CONTROL OF MATERIALS
6-1.O1 .GENERAL. Control of materials shall conform to the provisions
in Section "Control of Materials;" of the Standard Specifications and these
special provisions.
At the option of the Engineer, the source of supply of each of the
materials shall be approved by the Engineer before delivery is started and before such material is used in the. work. Representative preliminary samples of
the character and quality prescribed shall be submitted by the contractor or
producer of all materials to be used in the work, for testing or examination as
desired by the Engineer.
All tests of materials furnished by the contractor shall be made ~in
accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02. BORROW, DISPOSAL AND MATERIAL SITES. The operation of any
borrow or disposal sites used by the Contractor to produce or dispose of
material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution,
and sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
3LH:61001.15 -15- GG:lh
Upon completion of the work, all such sites and haul roads shall be
graded and treated so that, at the time of final inspection of the contract,
they will drain, will blend with surrounding terrain, and will have a potential
as a source of blowing dust or other pollution which is no greater than when in
their original condition.
If the Contractor obtains necessary permits for borrow, disposal or
material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict
with the requirements in the first and .second paragraphs of this section, the
requirements of the permits shall govern over the conflicting requirements of
this section provided the permit requirements have been approved by the
Engineer..
Full compensation for complying with the requirements for borrow, dis sal and material sites in this section shall be considered as included in
the contract prices paid for the items of work which require the use of the
sites and no additional compensation will be allowed therefor.
6-1.03 .CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the
Engineer may permit the use of certain materials or assemblies, prior to .sampling and testing, if accompanied by a Certificate of Compliance.
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
?-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.
All striping removal shall be completed a minimum of 2 days prior
to signal being placed into operation. Pavement delineation shall be replaced
b to rar delineation before opening the traveled way to public traffic. Y ~ Y
Te rary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more,
than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective
traffic line tape shall be applied in accordance with the manufacturer's
instructions. Temporary delineation shall be the same color as the permanent
delineation. Full compensation for temporary delineation shall be considered as
included in the prices paid for the contract items of work that obliterated the
existing delineation and no separate payment will be made therefor.
When initiall installed, all vehicle and pedestrian signal faces Y
shall be aimed and covered with cardboard or other material with an observation
hole (max. 1" dia.~ in front of each signal indication. The covers shall remain
in lace until all si nal o rations have been checked and signal is placed into P 9 Pe
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 OBSTRUCTIONS. Attention is directed to Section 8-1.10,
3LH:61001.16 -16- GG:lh
"Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities
and other improvements that are to remain in place within the construction area
or that are to be relocated and relocation operations have not been completed.
In accordance with the provisions of Article 7-1.11, "Preservation of Property,"
and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any
damage or interference with service resulting from conducting his operations.
The exact location of underground facilities and improvements within the
construction area shall be ascertained by the Contractor before using equipment
that may damage such facilities or interfere with the services. .Other .forces
may be engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary
delay or .hindrance to the. work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the
utility is shown or correctly located on the plans will not be compensated for
as idle time. However, additional contract time .commensurate with such delays
may be allowed.
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
provide for handling of said water and any expenseinvolved,shall be considered
as included in the prices paid for the various items of work and no additional
allowance will be made therefor..
Except in the case of extra work, full. compensation. for conforming to
the requirements of this article shall be considered as included in the prices
paid for the various items of work and no additional compensation will be made
therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, .install and maintain signs, lights, flags and other warning and safety devices when
performing work which interferes with or endangers the safe movement of traf f is
on any street. or highway.
Signs, lights, flags and. other warning and safety devices and their use
shall conform to the. requirements set forth in the current "Manual of Traffic
Controls - Warning Signs,. Lights, and Devices for Use in Performance of Work Upon Highways,"published by the State of California, Department of Transportation.
..Application and use of devices shall be as specified and as directed by the
Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at
3LH:61001.17 -17- GG:lh
all times as to the exact location and progress of the work and shall notify
them immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public
Convenience," of the Standard. Specifications, shall be amended to read as
follows:
Construction operations requiring lane closures shall be actively in
progress only between the hours indicated below, Monday through .Friday,
except legal holidays.
Street Direction of Travel Hours
Truxtun Avenue Eastbound 8:30 AM-4:0O PM
Truxtun Avenue Westbound 8:30 AM-4:00 PM
Where construction operations are actively in progress, a minimum of one
traf.f is 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
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
ry accomQnodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around
the work and where ordered by the Engineer, the Contractor shall, at
his own expense, furnish, install and maintain construction area
signs, lights, flares, temporary railing (Type K), barricades, and. other facilities for. the sole convenience and direction of public
traffic. Also,-where directed by the~Engineer, the Contractor shall
furnish competent flagmen whose sole duties shall consist of directing
the movement of public traffic through or around the work, when
deemed necessary by the City, the signs "Road Construction Ahead,"
No. C-18, and "End Construction," No. C-13, shall be furnished,
installed and maintained by the~Contractor at locations as directed by
the Engineer at least 48 hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of
this article shall be considered as included in the prices paid for various
items of work and no additional allowance will be made therefor.
7-1.04 EXISTING HIGHWAY ,FACILITIES. The work performed in
connection with various existing facilities shall conform to the provisions in
' ~ Section 15, "Existing Highway Facilities," of the Standard Specifications and
these special provisions.
Existing City highway signs and street markers shall remain the
3LH:61001.18 -18- GG:lh
B
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 REMOVE TRAFFIC STRIPES AND PAVEMENT N~~RRINGS. .Traffic
stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to~the fullest
extent possible from the pavement by any method that does not materially damage
the surface or texture of the .pavement or surfacing. Where blast cleaning .is
used for the removal of painted traffic stripes and pavement markings, the area
shall be shielded so that no material from the blasting operation is allowed to enter the area that is open to public traffic. .Sand or other material deposited .
on the"pavement as a result of removing traffic stripes and markings shall be
removed as the work progresses. Accumulations of sand or other material which
might interfere with drainage or might constitute a hazard to traffic will not
be permitted.
Traffic stripes shall be removed before any change is made in the
traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out
to irregular and varying widths.. Pavement markings shall be removed by blast
cleaning a rectangular area, rather than just lettering or markings, so the old
message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal -coat shall be applied in conformance with the provisions in Section 37,
"Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied
over the traffic stripe removal area and to irregular and varying widths with an
average width of 2 feet on each side of the blast cleaned traffic stripe removal
area.
In pavement marking removal areas, the fog seal-.coat shall be applied
to the ,blast cleaned rectangular area.
In-areas of removal where excessive gouging. has occurred, as
.determined by the Engineer,. the gouged pavement shall be repaired utilizing a
. sheet asphalt patch as directed by the Engineer.
Full compensation for furnishing and applying fog seal coat as speci-
Pied herein shall be considered as included in the contract price paid per
square foot for removal of traffic stripe and pavement marking and no separate
payment will be made therefor.
3LH:61001.19 -19- GG:lh
Nothing in these special provisions shall relieve the Contractor from
- his responsibilities as provided in Section 7-1.09, "Public Safety," of the
Standard Specifications.
MIE~~sUREMENT AND PAYMENT. Quantities of traf f is stripe removed will
be determined by the width of the stripe plus 0.67-foot multiplied by the length . of the stripe. The space between double traffic stripes will be measured as~
painted traffic stripe. Quantities of pavement markings removed will be
determined by the actual size of the rectangle .measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price
per square foot for the actual area of authorized stripe removal.
The contract unit price per square foot as remove traffic striping and marking shall include full compensation for furnishing all labor,. materials,
tools, equipment, signs and for doing all work necessary for removing existing
striping as shown on~plan and as directed by the Engineer.
7-1.06 1~ADSIDE SIGNS. Roadside signs shall conform to the
provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and ,
these special provisions.
Miscellaneous roadside signs. shall conform to City Standard
T-19. Where sign posts are placed within concrete sidewalk
the sidewalk shall be core drilled. Roto hammering or .other
,similar methods will be permitted provided that the
perimeter of the damaged -area is sawcut to the limits
required to form a neat finish as directed by the Engineer.
.MEASUREMENT 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.
7-1.07 OVER~iEAD SIGNS. ~ Overhead signs shall conform to the . applicable provisions in Section 56, "Signs," of the Standard Specifications
and these special provisions.
Mast-arm hangers for street name signs will be furnished
and installed by the City.
Street name signs will 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
price or prices for signal, flashing beacon, or combination
thereof .
7-1.08 TIRAFFIC DELINEATION. Immediately after resurfacing
operations or when directed by the Engineer, replace all obliterated pavement
3LH:61001.20 -20- GG:lh
delineation with temporary delineation during the same work period., .and in no
_ -case later than 7:30 a.m. following such work period.
r
Temporary delineation consists of reflective traffic line tape applied
_ in pieces not less than 4 inches long nor less than 4 inches wide, spaced no
-more than 20 feet apart on tangents and no more than 10 feet apart on curves.
Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must be the same color as the permanent
delineation..
Remove temporary delineation applied to asphalt concrete patches
immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete
overlay.
A striping plan will be made available to the Contractor when traffic delineation is to be modified by the City.
PAYMENT. Full compensation for traffic delineation shall be
considered as included in the prices paid for the various items of work, and no
.separate payment will be made therefor.
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 :FOUNDATIONS. Foundations shall conform to the provisions in
Section 86-2.03., "Foundations," of the Standard Specifications and these special
provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for
existing foundations to be reused.
Portland cement concrete shall conform to section 90-10, "Minor.
Concrete," of the Standard .Specifications and shall contain not less )than 470
pounds of cement per cubic yard, except for pile foundations shall contain not
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,n of the Standard Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench
methods. Installation using jacking. or drilling shall conform to Section
86-2.050., "Installation," of the Standard Specifications. Open trench
installation shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed
.under existing pavement in a trench not to exceed~6 inches in
width. Trench shall be cut using a rock .saw and all loose
uncompacted material shall be removed from the bottom of the
trench prior to placement of conduit. The top of the installed
conduit shall be a minimum of 12 inches below finished grade.
3LH:61001.21 ~ ~-21- GG:lh
2. The conduit shall be placed in the bottom of the trench and the
trench shall be backfilled with a one (1) sack slurry cement
M backfill. Slurry cement backfill shall be placed to within 0.20
feet of the pavement .surface. The top 0.20 feet shall be
_ backfilled with asphalt concrete produced from commercial quality
' paving asphalt. and aggregates.
3. Prior to spreading asphalt concrete, paint binder. shall be applied
as specified in Section 39-4.02, "Prime Coat and Paint Binder," of
the Standard Specifications. Spreading and compacting of asphalt
concrete shall be performed by any method which will produce an
asphalt concrete surface of uniform smoothness, texture, and
density..
4. All excavated areas in the pavement shall be backfilled by the end
of each work day. Temporary roadmix or other acceptable temporary
surface will be allowed on the top 0.20 feet until such a time as
the permanent asphalt surface is placed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of construction, the Engineer may specify which of the
above methods may be used.
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in
Section 86-2.06, "Pull BoxeS," of the Standard Specifications andwthese special
provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 a~1Dt]CTORS AND WIRING. Conductors and, wiring shall conform to
the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring,"
of the Standard Specifications and these special provisions.
CONDUCTORS = The Contractor shall-use multi-conductor
electrical cables for all circuits except between the service switch and controller cabinet.
Only multi-conductor cable conforming to the following shall be used:
5 Conductor cable consisting of 5 No. 14 conductors colored l 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.
3LH:61001.22 -22- GG:lh
CONDUCTOR TABLE
Insulation Colors
Signal Phase
Circuit or Function Base. Stripe
2 & 6 Red, Yellow, Brown Black Vehicle 4 & 8 Red, Yellow, Brown Orange
Signals 1 & 5 Red, Yellow, Brown Silver-
3 & 7 Red, Yellow, Brown Purple
2p & 6p Red, Brown 2 Black
Pedestrian 4p & 8p Red, Brown 2 Orange
Signals lp & 5p Red, Brown 2 Silver
3p & 7p Red, Brown 2 Purple 2p & 6p Blue Black
Pedestrian 4p & 8p Blue Orange
Push Buttons ~lp & 5p Blue Silver
3p & 7p ~ Blue Purple
Pedestrian
Push Buttons White Black
Conunon Signal white None Railroad
Pre-emption Black Red
Spare Black None
The cable sheath shall be polyethylene and the conductor insulation shall
Q be T~~pe Tf3WN polyvinyl chloride.
Conductors shall be spliced by the use of "C" shaped compression
connectors as shown on Standard Plan ES 13.
Splices shall be insulated by "Method B."
7-2.05 SERVICE. Service shall conform to the provisions in Section
86-2..11, "SERVICE", of the Standard Specifications and these special provisions.
Unless otherwise noted, service shall be as shown o~ the plans-and
shall be furnished with 100 amp, 240 volt, 3~pole main breaker and the following
branch circuit breakers:
No. Amps Phase Volts Branch Metered
1 60 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
*3 30 1 110 Flashing Beacons Yes
* Provided where flashing beacon is included with the traffic signal.
The Engineer will arrange with the serving utility to complete service
connections to service points shown on the plans and will pay all required costs
and fees required by the utility.
7-2.06 TESTING. Testing shall conform to the provisions in Section
86--2.14,. "Testing," of the Standard Specifications and these special provisions.
3LH:61001.23 -23- GG:lh
The signal shall not be placed in flashing mode, with signal faces
uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the
.provisions is Section 86-2.14C "Functional Testing," of, the Standard
Specifications and the following paragraph:
. Functional test period is included in the number of working days to
complete the project as described in SECTION 4, "BEGINNING OF WORK,
TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7-2.07. SIGNAL FACES AND SIG~JAL HEADS. Signal faces, signal heads and
auxiliary equipment, as shown on the plans, and the installation thereof, shall
conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02,
"Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies,n of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and Backplates shall not be
structural plastic.
All lamps for traffic. signal units shall be furnished by the .
Contractor.
All signal faces shall be provided with 12-inch sections.
The third sentence of the first paragraph of Section 86-4.06, "Signal
Mounting Assemblies," of the Standard Specifications, shall be amended to read as
follows
Slip=fitters and terminal compartments shall be cast
bronze or hot-dip galvanized ductile iron.
7-2.08 ~ PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the
provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard
Specifications and,. these special provisions.
Pedestrian signals shall be Type C, and shall have energy efficient heads equivalent to Indicator Controls Corporation Nbdel 4094B.
7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in
Section 86-6.01, nHigh Intensity-Discharge Luminaires," of the Standard ,
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.
7-2.10 PHOTOELF~rTRIC CON'T'ROLS. Photoelectric controls shall conform
to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard
. Specifications and these special provisions. ~ .
Each luminaire shall be provided with a Type IV photoelectrical
control.
7-2.11 CONTROL]L~RS, CABINETS AND AUXILIARY EQUIPMENT. The City will
furnish the controller and cabinet assembly for each location.
3LH:61001.24 -24- GG:lh
7-1..12 DEI~C'l~ORS. Detectors shall conform to the provisions in
Sections86-5, "Detectors," of the Standard Specifications and these 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 sealant 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 elastomeric 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 822 Weatherometer 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
Dielectric Constant - Less than ASTM D 150.
25~ change over a temperature
range of -30° C. to 50° C.
3LH:61001.25 -25- GG:lh
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 arallel so that optimum sensitivity is obtained at the sensor unit. p Final splices between loops and,lead-in cable shall not be made until the operation
of the loops under actual traffic conditions is approved by the Engineer.
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 run from the pull box adjacent to the loop detector to a sensor unit mounted in
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 for 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
hale and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in permanent ink p
a on a tag suitable 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.
la~ er of as halt concrete in~nediately below the uppermost layer. Installation Y p
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. .
Loo detector lead-in cables shall conform to the provisions in Section p
86-S.OlA (4}, "Construction Materials," of the Standard Specifications and these
special provisions.
Loo detector lead-in cables shall be Type B, and shall conform p
to the following
1. All spade connectors used to attach to terminals inside
the controller cabinet shall be crimped and soldered to
the conductor.
2. Loo wires~in the pull box shall be twisted at a minimum p
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.
7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to
the Cit on the form attached, guaranteeing all systems., except traffic signal Y
la s, installed under this contract for a period of one (1} year from the date of mp
3LH:61001.26 -26- GG:lh
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.
7-2.14 PAYMENT. Payment for signals and lighting shall conform to
the provisions in Section 86-8, "Payment", of the Standard Specifications and
these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations
shall be considered as included in the contract lump sum price paid for the item
requiring foundations. and no separate payment will be made therefor.
3LH:61001.27 -27- GG:lh
[INCLUDE WITH DETECTOR SPECIFICATIONS]
8040-41A-15 a
STATE OF CALIFORNIA
Specification
. Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled,
asphaltic emulsion for use in sealing inductive wire loops and leads
imbedded in asphalt and portland cement concrete. This sealant is
suitable for use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this
specification where referenced:
' American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department~of Transportation Standard Specifications 1988
State of California Specification 8010-XXX-99 Inspection, Testing and
Other Requirements for Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations
Board, Ref. 49CFR. .
3.0 REQUIREMENT'S .
3.1 Composition .
The composition of the .loop sealant shall be a sand filled, pourable,
water emulsified bitumen. It will be the manufacturers responsibility to produce 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
3LH:61001.28 -1- GG:lh
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum test at one hour intervals, use AS'IM 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 .
humidity. Condition mandrel and specimens 2 hours at
75 + 2°F before test. .Use aluminum panels, 0.03 inches .
thick (Q panel or equal} .
3.3.2 Tensile Strength, psi,. 20 minimum east sheets 0.25 inches thick and. air dry at
75 + 5°F, 50 + 10~ relative humidity for minimum of
16 hours. Load rate 0..05 inches/minute, use ASTM D2523.
3.3.3 Elongation, ~ 2.0 minimum
v 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
damp blocks with 0.2~5inches between slant faces, seal of adhesion to
sides and bottom with tape .and fill withthe well stirred concrete
sample, strike off~the excess. Dry in 140°F oven to
constant .weight and conditional day at 75 + 2°F before
testing.. Load rate to be5000 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
easily redispersed with minimum resistance to the sideways manual
motion of a paddle across the bottom of the container. It shall form a
smooth uniform product of the proper consistency. If the material
cannot be easily redispersed due to excessive settlement as described
above or .due to any other cause, the sealant shall be considered unfit for use.
3LH:6100.1.29 GG: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 from date of acceptance and delivery.
3.4.3 The sealant shall. comply with all air pollution control rules and regulations within the State of California in effect at the time the
sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary.
. 4.2 Sampling and Testing
Unless other~ise permitted by the Engineer, the material shall be
sampled at the place of manufacture and application will not be
permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY ,
5.1 Packaging
The sealant shall be prepared in a one package system ready for
application. The material shall be furnished in container size as . specified in the purchase order or contract. If ordered in 5 gallon
size. the containers shall be new, round standard full open head with
bails, shall be nonreactive with the contents, and shall have.
compatible gaskets. The containers shall comply with the U.S.
Department of Transportation or the Interstate Commerce Commission
regulations, as applicable.
512 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.
3LH:61001.30 ~ GG:lh
c Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
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
hand poured into the slots. Due to the sand content of this material,
.pumping is not recommended. Any clean up of road surface. or tools can .
be done with water, before the sealant sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented.
materials, e i ment, devices, or processes used on or incorporated in ~p
the work, and, agrees to indemnify and save harmless the State of
California, and its duly authorized representatives, from all suits at
law or action of every nature for, or on account of, the use of any
patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each
batch of sealant, in accordance with the provision of Section 6-1.07 of
California Department of Transportation Standard Specifications,
C January 1988.
3LH:61001.31 GG:lh
PROPOSAL
FOR
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT TRUXTUN AVENUE
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties
interested in this proposal as principals are those named herein; that this pro-
posal is made without collusion. with any other person, firm or corporation; that
he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes and
agrees if this proposal is accepted, that. he will contract with the City of
Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and-other means of construction and to do
all the work and furnish all the materials in accordance with the plans and spe-
cif ications for the above, filed in the off ice of the Finance Director of the
City of Bakersfield and as specified in the contract, in the manner and time therein prescribed,. and according to the requirements of the Engineer as therein
set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing
the re fired contract, with necessary bonds, within ten (10) days, not including
Sunday,-after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the pro-
perty of the City of Bakersfield.
s
Bidder acknowledges receipt of the following addendum:
ITEM ESTIMATED UNIT OF ITFF~+I ~ UNIT PRICE EX~CENSION
N0. QUANTITY ~ M1E~~SURE (in figures) PRICE
(in f i ures)
1 LS Install Traffic Signa
SIGNED
Bidder
Page 1 of 2
3LH:61001.32 GG:lh
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MIEASURE (in figures) PRICE
(in f i res)
2 2 EA Install Roadside sig
(GSP Post)
TOTAL
SIGNED
Bidder Company
Street
City State Zip Code
( )
Area Code Telephone Number
License No, and Expiration Date
u THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF
PERJURY.
m
Page 2 of 2
3LH:61001.33 GG: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.
Bidden 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 skull be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth
as a Unit Price is unintelligible or omitted, then the amount set forth in the
.Extension Price column for the item shall be used to~determine the correct Unit
Price in accordance with the following:
(l) 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 SUBCI~'1TRACTORS
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 DOLLARS ($10,000), whichever is greater, and the
portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal.
Subcontractor's Name Description of portion
and Street Address (City, State, Zip) _ of work 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
acceptable to~the City as is required within eight (8) days, not including 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,
deter►nine that the bidder has abandoned the bid proposal and the bidder's
security shall be forfeited and shall become the property of the City. City
shall then be free to accept the bid of another bidder.
3LH:61001.34 ~ GG:lh
[This form shall be completed by all Bidders and submitted with the Bid]
a
TRAFFIC SIG~JAL SYSTEM ON "A" STRTEET AT TRUXTUN AVENUE
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMI'~!'ED WITH BID
State of California )
ss: County of )
being first duly sworn, deposes and
Name
says that he or she is of .
Title Company
the party making the foregoing bid that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine ,and not collusive or sham;
that the bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put
in a sham bid, or that anyone shall refrain from bidding; that the bidder has
a not in any manner, .directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder,. or to secure any advantage- against the public body awarding
the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly
or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and
will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
,.Subscribed and sworn to before me
this day of 19
- _
3LH:61001.35 GG:lh
Accompanying this proposal is ..............................................•ttt
,.(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.
•••••••••••.ao...••.•••••.•••.•••••••.•..••.•.•••..••••....•...tat►►ttttao....t•
►►3>>>>>>>>>i>>>>,>>>>>;,;>>,>;>,,,~,,,;~►►►a►►►►aittttatita►tt►aattttttat.•at.•t
►tttttttaaaa►►►►>>a►►a>►►►at►tttat►►►atttt..•.t•..t.t•..t.ttttttataatttt►►►ataa►
T~icensed in accordance with an act providing for the registration of
Contractor's License No.
.
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation
shall beset forth above together with the signature of .the officer or
-officers authorized to sign contracts on behalf of the corporation; if
bidder is a copartnership, .the true name of the firm shall be set
forth above .together with the signature of the partner or partners
authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If
signature is by an agent, other than an officer of a corporation or a
member of a partnership, a Power of Attorney .must be on file with
the City Clerk of the City of Bakersfield prior to opening bids or
submitted with the bid; otherwise, the bid will be disregarded~as
irregular and unauthorized.
Business Address
Telephone No, ,>>,,;;,>,>,>>,>,>>,,,~,>,,,>>>>>>►>>~a►
Place of Residence .
Dated 19.....
3LH:61001.36 GG:lh
BIDDER'S BOND TO A~rON~PANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNaW ALL MEN BY T~IE~SE PRESENTS:
That we
as principal, and
as surety,
are held .and f irr~ly bound unto the City of Bakersf field, a body politic and
corporate of the State of California, in the sum of
dollars ) ,
to be paid to said City, for which payments, well and truly to be made; we bind
ourselves, our heirs, executors and administrators, successors or assigns,
jointly and severally by these presents..
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain L~roposal, hereunto annexed, to construct
y
in the City of Bakersfield as referred to in the NOTICE Ta r
CON'.IrRAC'TORS 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 WIT~JESS WHEREOF, we have hereunto set our hands and seals this day
of 19
(Seal)
(Seal}
(Seal}
3LH:61001,37 Page 1 of 2 GG:lh
STATE OF CALIFORNIA )
ss.
COUNTY OF
On this day of 1l,, 19......, hpfore me,
a notary, public in and for the C~x~nty of , a . , . , , , , S~:atA of
California, personally appeared ..........•,.,,,,,l~!!!,!!!)!))))))!)!))
/ / 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 rr^act of
and acknowledged to me that he subscribed the name of
„ !!,.•,1,.,.,,,!!,!,!lthArAto ~S SI,~rPf_1, and his own
name as Attorney in Fact.
IN WITl~1E55 WHEREOF 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
3LH:61001.38 Page 2 of 2 GG: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 SYSTEM ON "A" STREET AT '~RUXTUN AVENUE ,
awarded on , between the City of 3akersf field (hereinaf tc~r referred to as t'ne City}, and the undersigned, which contract provides for the
installation of lighting and/or traffic signal system , and
under which contract the undersigned has furnis'ed anc~ instalte~ such system,
the following g~~~~r_ant°e of the said system is hereby made.
Should any of the et.~uipment installed pursuant to said c;oncrart,
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 sair~ system or any part t'nereof f ai 1 to operate properly, as
planned, .due to any of the above causes, all within (1) year after date on w'nic'n
said contract is accepted by the City, the undersigned agrees to reimburse the
~.ity, upon demand, for its expenses incurred in restoring said systems to the
c~~ndition contemntared in sand contract, including the cost of any equipment or
_ materia~.s replaced., or, upon demand by .the City, to replace any such e:~uipment and repair said systems completely without ~;ost to the ^ity, so that they will
operate successf~~tly as originally conte►nplated.
The City shill have t'ne option to make and needed repairs or replace-
. ments itself or to have such replacements or repairs-done by the undersigned.
Prior to such replacement or repair work ~~:ing done~by the City, the undersigned
shall have the option to make any needed repairs or replacements. In the event
the Cit elects to have said work performed by the undersigned,-the undersigned Y agrees that the rep~i rs shall commence to 'cam made and such materials as are ne~;-
essary shall comme~nc,e to furnished., and installed within .Twenty-Four (24}
hours of the date specified in the City's written notif i~;ation. Contractor
shall prosecute with due diligence~to comni.ete the wor'K within a reasonable .
period of time, as specified in the City's written notj.f i.~,ation,
Said system will be deemed defectiv~~ witjzin t'ne meaning of this guar- antee in the event that they fail to operate as originally intended by the manu-
fact~~r.~rs t'nareof and in accordance with the plans anc~ specifications included
in Bald concracc.
Date Contractor's Signature .
Firm
. Address
3LH:61001.39 ~ GG: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 o~ the Contract for:
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT 'rRUXTUN AVENUE ,
awarded on ,between the City of Bakersfield (hereinafter
referred to as "City"), and the undersigned, which contract provides for the installation of ,
and other facilities and under whic'n contract the undersigned has installed such
facilities,. the following guarantee of the said facilities i~s hereby made:
'+~en -the project is completed and accepted, we g~.~arantee 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 aYl such work, and/or materials w'nich may prove defective in
workmanship :~r ~~n~~terial_5 within a period of one (1~ year from the date
~of .acceptance c)C r,,le a?x~ve na,ned construction project, ordinary wear
a~l,~ Saar or neglect excepted, we also agree tc~ repair and/or replace,
as: ~~~~r ~~wn cost and expense, any work and,,/or mater. ia,.s th~~t w~) ~n,~y
disturb or displace in making good such defects.
within twenty-four (24} hours after b~~:ing n~~ci c ie~~ ~n
. writing 'oyrhe City or the City's representative, o:r the agent o~
Fri ~~~er ~~r ~?ie~~l, of any defects in said wt~r~~ or ~nacer Ls, wP .agree to
co~~nence and prosecute with due diligence, all work necessary to
fulfill the ter.~►ns of t'nis g~.~arante~ .~nt~ co~~el~~te t'ne work within a
reasona'cle Lc.~r i~~d of ti~n~, ~r1d i n the event of our failure to so
co~~~ly, we collectively and expressly do 'nerQ'oy authorize the City
and/or the City's representative, ~~r <<~~ age~lr. o• either of them, to proceed ~o 'nave ~ such work done at o~~~r ~~xi~ense and we will honor an~~
lay t'ne cost and c'~arg~s therefor upon demand,
T'nis guarantee is :ma,~e E~xaressly for. and runs to the be,neEir. ~~~~'n
t~1e ^ity of the above mentioned construction proj~c;t and the City's
r_~~L~_re5enta.tive, and shall be enforceable by either oC t'le~~,
DATED
Contractor's Name
Authorized Signature
3LH:61001.40 GG:lh
HOLD H;~~,ESS AGREEMENT t
CITY OF BAKERSFIELD
IT IS HEREBY AGREED tY~at , 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 t'ne
liability imposAd by law u~oon 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 FURTHER UNDERSTOOD AND. AGREED that the Contractor shall (at the
option of the City) , defend the City of Bakersf field with appropriate ~.oansel and
shall f ~~_r c'~er 'aear_ X11 costs and expenses,, including the expense of counsel, in
t'ne defense of any suit ar. i.~ing '1~~,~~.~nto.
DATED
Contractor's Name
. Authorized Signature
t
3LH:61001.41 GG:lh
SAMPLE SAMPLE
Q .
CONTRACT N0.
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT TRUXTUN.AVENUE ° CITY OF BAKERSFIELD
THIS AGREEMENT, made and entere~~ i nrc~ ~~n , by
and between the CITY OF B~AKERSFIELD, a municipal corporation, hereinafter ~:alled
"City," and , Hereinafter called "Contractor";
WITNESSETH: .
WHERI~AS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On ,.the contract was
awarded to Contractor upon his properly executed bid; and
WHEREAS, onP of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between. the parties hereto
as follows
ARTICLE I
Contractor agrees to furnish suLaplie5, equipment, labor and materi,~ls
for
within the City of Bakersfield.
ARTICLE II
The following shall be 'deemed to 'oe pa_r. t of t'nis contract as if fully
set forth herein;
1, Notice to Contractors
. 2. Special Provisions
3. Bid Proposal
4. Bidder's Bond 5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8, All provisions required by law to be inserted in this
contract whether actually inserted or not.
9.~ Hold, Harmless Agreement
10. Current PW1 (if rP~uired ~by Specif ic.ations}
R
3LH:61001.42 -1- GG:lh
IN WITNESS WHEREOF, the parties 'Hereto ,~au~~ paused this AgrPe~nt to 'ee
executed, t'He day aid year first-above written.
"CITY" "CON~PRACTOR" °
CITY OF BAKERSFIELD
By By
CLARENCE E. MEDDER5, Mayor
APPR~JVED AS TO FORM:
By
City Attorney
APPROVED AS TO CONTENT:
By Public ~lorks Director
COUN'I~RSIGNED:
By
Finance Director
3LH:61001,43 -2- ~ GG:lh
[To be completed by the Contractor, if he elects to s~~bstitute securities in .lieu
of retention] .
ESCROW AGREI'~1T
FOR
SECURITY DEl?OSITS IN LIEU OF RETENTION
THIS ESCRC~1 AGREEMENT is mac~a ~nc:~ entered into by and between
whose address is ,
hereinafter ::ailed "Owner",
whose address is ,
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
ror the consideration hereinafter set ~ort'n, t'ne ~rner, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, ContraCrc~r 'nay t'ne option to deposit sec►~r. tides with Escrow. AgE~nt
y as a substitute for retention ~?af_'rli nt~5 r~~,~uired to 'rte wit'r~held by Owner pursuant
to the Construction C~~~ztr_a^~~ entered into 'rx'tv~een the Owner and Contractor for
in ~ the amount of dated (hereinafter referred to as the "Contract"}. When Contractor deposits the securities as a substitute for
Contract earnings, the Escrow Agent shall notify the Owner within ten X10} days
of the deposit. The market .value of the securities at t'ne t ~~le o~ the
subst i t~.~ t i ~~n s'na 11 ~x~ at 1Past equal to the cash amount then required to be
withheld a5 reTerl~.i.~~n ~lnd~r the t~~r~ns o~ t'~e Contract 'r.~tween the Owner and
Contractor. Securities s'nall be held in t}i~ na=~ o~ ,
and shall designate the Contr;~ctor as the 'a~~nef icial owner.
2. The ...Owner shall make progress payments to the Contractor for such
funds which otherwise would be withheld fro,n progress payments pursuant to the
Contract provisions, provided that the ~~,scrow Agent hold secur_ itie5 in t'n~~ ~'t~r►n
and amo~~nt s~cif ied above,
3. Alternatively, the Owner may make payments dir_~ctly to Escrow
Agent. in the a~~~.l~i~: ~~r ~e,,e~1r i~~n i c~C the 'c~enef it of the Owner until such time as t~1e escrow created ~ierE~under is terminated,
3LH:61001,44 -1- GG:lh
4. Contractor shall be responsible for paying all fees for t'ne expenses incurred by Escrow Agent in administering the t~scrow account, These
expenses and payment tPr~ns shall be determined by the Contractor and Escrow
Agent.
5. The interest ear. n~..~~ .~n c=1,_ .,,,.~r ~ tles or tn,, ~n~~ney ,nar~~,.t accounts
held in escrow and all inter_ ~~:~t ear. nE~~~ ~~n chat n~,=~ r"c~S :~ht~tt f car t'ne .sole
acro►~nt of Contractor and shalt be su'oject to withdrawal by Contractor at any time and from time to time without notice to the ~wner,~
6. Contractor shall have t'ne right to withdraw ali 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 with~~rawal of the amount sought to be withdrawn by Contractor.
7. Thp Owner shall have a rig'nt to draw upon the sec~~rities in the
event of default by the Contractor. Upon seven (.7~ days' written novice to the
Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the sec~~rities to cash anc~ s'nalt distribute the cash as instructed by the
Owner.
8. Upon receipt of written notif i~:ation from the 0-wner certifying
that the Contract is final end co~lete, and that the Contractor has ,co~alie~ with all re~~uire,►~nts and procedures applicable to the Contract, Escrow Agent
s'►~atlrQtease to Contractor all securities an~~ inr_>>r~~sc ~)rl ,~~~L~osit less escrow
fees and charges of .the Escrow Account. Tie es^row shall be closed immediately
upon dis'oursement of all moneys and securities on deposit and payments of fees
and charges.
9. Escrow Agent shall rely on the ~aritten noti f l~~ations from the r. Owner and the Contractor pursuant to Sections (4) to (6) , inclusive, ~~L this
agreement and the Owner and Contractor shall hold Escrow Agent harmless from
Escrow Agent's release and disbursement of the securities and .interest as set
forth above.
l0. The names of the persons who are authorized to give written notice
or receive written notice on 'oehalf of the Owner and on .be'nalf of Contractor in connection with the foregoing,~and exemplars of their respective signatures, are
as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name ~ Name
Signature Signature
Address Address
3LH:61001.45 -2- GG:lh
A
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 WIGS WHEREOF, the parties 'eve executed this Agreement by their
proL~~ c ~ i.~;e r. s ;~rl t'~f~ c~~te First set forth above.
y
owner Contractor
y
Title ~ Title
Name ~ ~ ~ Name o
Signature ~ Signature
NOTE: THIS PART SHALL RENNIN IN EFFECT ONLY UNTIL JANUARY 1, 1992, AND AS-~F
. THAT DATE IS REPEALED, UN]:,ESS A LATER~ENACTED STATUTE, WHICH IS
~ERED ON OR BEFORE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE.
3LH:61001.46 -3- GG:lh
FAITH~'UT~ ~H1~E'ORMANCF BOND
KNaiti1 ALL MEN BY THESE PRESENTS , THAT,
WHEREAS, the CITY OF HAKERSFIELD, California, a municipal corporation, .
hereinafter designated the "owner," has, on , 19~, awarded to ~ a
corporation organized and doing business under and by virtue of the laws of the
State of California, hereinafter designated as the "Principal," a contract
for the ~ and
WHEREAS, said Principal is required under the terms of said contract
to furnish a bond for the faithful performance of said contract:
NAT, THEREFORE, WE, the Principal, and.
as Surety, are held and firmly bound unto the owner in
the sum of (100 OF AMOUNT AWARDED AT COUNCIL MEETING
lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the a[~ove mentioned
Principal., 'His or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to and abide by, and well and truly-keep and
faithfully perform the covenants, conditions, and agr_t~e,nents in .the said
contract and any alterations made as therein~pr_~wided, on his or t'neir. Hart, to
be kept and performe~:~ ar the ti~n~ an~~ `~1 ~~l~a ;i1~-~~1r1~?~ t~~erPin specified, and in all respects according to their true intent and meaning,. and shall indemnify and
save harmless, the owner, its of.f icers anz~ a~~~.~~1'rs ~~s trlerein stipulated, then
this obligation shall become null and void; otherwise it shall be and remain in
full force and virtue and Principal and Surety, in the event suit is brought on
this bond, will pay to the Owner such reasonable attorney's fees as shall be
ffixed by the court,
As a condition precedent to the satis.~actory completion of the said
contract, the above obligation in the-said amount shall hold good for a period
of one (1~ year after the completion and .acceptance of the said work, during
which time if the. above mentioned Principal, his or its heirs, executors,
administrators, successors, or assigns shall fail to make full, complete, and
satisfactory repair and replacements or totally protect the said Owner from loss
of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials
and/or faulty workmanship in the prosecution of the work done, the above
obligation in the said amount shall remain in full force and effect. However,
anything in this paragraph to the contrary notwithstanding; the obligation of
the Surety hereunder shall continue so long as any obligation of the Principal
remains.
3LH:61001.47 Page 1 of 2 GG: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 apart 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
name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of
its governing body..
Principal.
By•
(Seal) Signature for Principal Title
Y
Surety .
. By•
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
4
L
Page 2 of 2
3LH:61001.48 GG:lh
MATERIAL - LABOR BOND
RNaw ALL ME~1 BY THESE PRESENTS, THAT, WHERI~AS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
"owner," has, on (DATE OF COUNCIL MEETING) , awarded to
(NAME OF CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of
TRAFFIC SIGNAL SYSTEM ON "A" STREET AT TRUXTUN AVENUE
WHEREAS, said Principal is required to .furnish a bond in connection
and with said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for any materials, provisions, or ot'ner
supplies used in, upon, for, or about the performance of the work contracted to
'Oe done, or for any. work or la~x~t. c~c>>le t'ne.reon of any kind, the Surety of this bond will pay .the s~~ne to the. extent hereinafter set forth:
NaW, THEREFORE, WE, the Principal, :and (LEAVE BI~~NK FOR
BONDING COMPANY} , as Surety; are held and firmly bound unto the
Owner the penal sum of (50~ OF A~~IOIJNT AVJARDID AT COUNCIL MEETING} dollars
~ } lawful money of the United States, for the payment of which sum
well and truly to be made,. we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these
r presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his
or its heirs, executors, administrators, successors, or .assigns, shall fail to
pay for any materials, provisions, or other suQplPs used in, upon,~for, or
about the performance of the work contracted to 'oe done, or for any work or
labor thereon o~ any kind or for any amount due under the Unemployment Insurance Code wit'n respect to work or labor performed .under the contract, or for any
amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and
Taxation Code of the State of California with respect to such work or labor, as
required by t'ne provisions~of Chapter IZI, Division V, Title I of the Government
Code of the State of California, or wit'n respect to any work or labor for which
~ bond is required by the provisions of Sections 3247, through 3252 of the Civil
Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies,
appliances, or power use, in, upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor
upon same, or any person who supplies both work and materials, thereto, shall
have complied with the provisions of said Civil Code, then said Surety will pay
.the same in or to an.amount not ..exceeding the amount hereinabove set forth, and
also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by-the court.
3LH:61001.49 1 GG:lh
This bond shall inure to the benefit of the Owners and any and all
persons, companies, and corporations and their respective assigns entitled to
file claims under applicable State law, including, but not limited to,
California Civil Code Section .3181, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
,And the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration, or addition of the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond,
and it does hereby waive notice of any change, extension of time, alteration, or
addition to the terns of the contract or to the wor'~ or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.-
IN WI'~JESS WHEREOF, the above bounded parties have executed this
instrument under their peals this day of , 19 ,
the name and corporate seal of each corporate party being hereto affixed a d
these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
(Seal)
Signature .for Principal Title
Surety
(Seal)
Signature for Surety ~ Title
3LH:61001.50 2 GG:lh
"`;is *orm ~houid de s8nt ,o ;he ~oint Agpi'entlCBShip committee
of the craft or t►ade in the area of the- site of the public work. If you have any questions as to the address of the appropriate PUBLIC WORKS
Joint Apprenticeship Committee, contact the nearest office of nNTRACT AWARD iNF~RMATi~N
he .Division of Apprenticeship Standards (DASD. Consult year elephone directory under California, State of, . Industria~
Relations, for the DAS office in your area.
,w~ME oFCaNTr~ACTOR j coNTRACTOR~s STATE ucENSE No.
CON'TRACTOR'S MAIUNGADDRESS - NUMBER 8 STREET, CrTY, ZIP CODE ;AREA CODE 8 TELEPHONE N0.
NAME 8 LOCATION .OF PUBUC WORKS PROJECT ~ DATE OF CONTRACT AWARD
~ DATE QF EXPECTED OR ACTUAL START OF PROJECT
NAME ~ ADDRESS OF Pt,~UC AGENCY AWARDING CONTRACT ~ ESTIMATED NUN~Efl OF JOURNEYMEN HOURS
APPRENTICES OCCUPATION OF APPRENTICE ~ NUMBER TO 8E EMPLOYED ~ APPROXIMATE DATES TO BE EMPLOYED
i i
Check One Of The Boxes Below:
Box ~ We request dispatch of apprentice(s) for this job. 1Ne voluntarily choose to comply with the applicable Joini _ a .
. Apprenticeship Committee Standards for the duration. of this lob only, in tramcng the apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws.
Box 2 We request dispatch of apprentices) for. this .job. We ~do not wish to follow the applicable Joint
❑ , Apprentrcesh~p Committee Standards in training the. apprentices; instead, we agree to employ and train
apprentice(s) in accordance with the California Apprenticeship Council .regulations governing employment of
apprentices on public work projects. We .assume no other obligations to the committee or unions under
State or Federal laws.
Box 3 We are already approved to train apprentices by the applicable Jaint Apprenticeship Committee and we will employ and tram under the Standards.
Box 4 We do not request the dispatch of apprentice(s) since apprentices ~ are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
i~
Signature -
. Typed Hams - ~ .
Title Date
State of California - Department of Industrial Relations
oAS tao (New t/so~ DIVISION OF APPRENTICESHIP STANDARDS