HomeMy WebLinkAbout1991 Special Provisions Project 61003{
COPY N0.
' CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PRO`TISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIG~JAL SYSTEM ON BRIMHALL ROAD AT COFFEE ROAD
-BID OPENING: DATE .July 19, 1991
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TIME 11:00 A.M,
PROiJECT N0. 61003
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CITY 0►~' BAKERSFIELD ~2
1501 AVJENUE ~XP• Z 3
* ~ B~~~~RSFIELD, CA 93301
Telephone: (805 326-3724 S~ ~ IL ~ 9 ~ ~F
OF CAS
D3LH:61003 ~ ~
CITY OF BAKERSFIELD
DEPARTMENTOF 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 July 19, 1991 to be publicly opened and read immediately thereafter, in the City Council Chambers for the following work:
TRAFFIC SIGNAL SYSTEM ON BRIMHALL ROAD AT COFFEE ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be
obtained at the office of the Purchasing Officer by posting a .refundable deposit of
ZERO -0-) for each complete set. Refund of deposit will be made provided the plans and specifications are .returned to the Purchasing Officer.
within ten (10) days from date of bid opening and the documents are in reasonable
good condition.
No bid will be considered unless, it is made on a proposal form furnished by
the Purchasing Officer, which appears herein immediately following the SPECIAL
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
rmitted pursuant to the provisions and requirements of Public Contracts Code 22300.
Eligible securities include interest bearing demand deposit accounts, standby letters
of credit, or any other security agreed to by the Contractor and the City of
Bakersfield. The request for substitution of securities to be deposited shall be
submitted on the form entitled ".Escrow agreement for Security Deposits in Lieu of
Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A Contractor's License or the
Contractor, or Contractors in a joint venture, must possess a combination of Class
C-l0, and C-12 Contractor's Licenses 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, 198.8, insofar as the same may apply,
Pursuant to Part ? of Division 2 of the California Labor Code (Section 1720
et seq.) the Contractor shall not pay less than the prevailing rate, of wages to
workers. on this project as determined by the Director of California Department of
Industrial Relations. The Director's schedule of prevailing. rates is on file .and
o n 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 the installation of
a traffic signal system with paving for roadway transition.
CITY 0~ BAKERS~'IELD
EDGAR W. SCHULZ
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 - DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance
with the Standard 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 Bakersf field, California.
Department of Transportation, CALT]~ANS -The Engineering Department of
the City of Bakersfield.
Director -City .Engineer.
. Engineer -The City Engineer, acting either directly or. through properly
authorized agents, such agents ,acting within the scope of the particular duties
entrusted to them.
Laboratory -The designated laboratory authorized by the City~to test
materials and. work involved in the contract..
Standard specifications -.Standard Specifications of the Department of
Transportation, Business 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 REQUIREMENTS
2-1.01 C~NERAL INFORMATION. The Purchasing Officer of the City of
Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun
Avenue, in said City, until 2 o'clock P.M. on. July 19, 1991. sealed
proposals for
TRAFFIC SIGNAL SYSTEM ON BRIMHALL ROAD AT COFFEE ROAD
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 theactual amount of work will correspond therewith, but reserves the right to increase or decrease the amount
of any class or portion of the work or to omit portions of the work that may be
deemed necessary or expedient by .the Engineer.
2-1.03. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND
SITE OF WORK. The. bidder is required to examine carefully the site of work, the
proposal, plans and specifications, and contract forms. It will be assumed that
the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and -
materials to be furnished, and as to the req~Sirements 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, E]E~ASURES OR IRREGULARITIES. Proposals .may be rejected if they. show any alterations of form.,
additions not called for, conditional or alternative bids,. incomplete bids,
erasures or irregularities of any kind. Proposals in which the ,prices obviously
are. unbalanced may be rejected.
..The right is reserved to reject any and all proposals and waive any
irregularity.
2-1.05 PROPOSAL FORM. All. proposals must be made upon blank ,forms to
be obtained from the Purchasing Officer, the form of which appears herein
immediately following these special provisions. All proposals must give the
prices proposed, 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 f irm or partnership, the name and .post office address of each member of the firm or partnership must
be shaan. 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 (10 0) 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 StJBCON'ITRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the bidder ro ses to subcontract portions of the work in the amount of 1/2 of one
P percent of his total bid or $10,000, cahlchever ~s greater, in accordance with the
Subletting and Subcontracting Fair Practices Act, con~unencing with Section 4100 of
the Public Contract Code. The bidder's attention is invited to other provisions
of said Act related to the imposition of penalties for a failure to observe its
provisions by using unauthorized subcontractors or by making unauthorized
substitutions.
A sheet for listing the Subcontractors, as required herein, is included
in .the Proposal.
Bidders are. cautioned that this listing requirement is in addition to
the requirement to provide a list of DBE Subcontractors after the opening of the
proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or
work mentioned in the specifications and not shown on the drawings or shown on
the drawings and not mentioned in the specifications shall be of-the. same effect
as if shown or mentioned in both.
~ Omissions from the drawings or the specifications of the materials or
details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or
performed, shall not relieve the Contractor of his responsibility for furnishing
such omitted materials. or performing 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 ~aithdrawn at any time
prior to the tip (fixed. in the public. notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request
shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
~°~hether 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 threz 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 men convicted by a court of competent jurisdiction of any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or
federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Section 1101,
with any public entity, as defined in Section 1100, including for the,
purposes of this article, the Regents of the University of California
or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract ,under
this article by requiring the person to submit a statement under
penalty of perjury declaring that neither the person nor any
subcontractor to be engaged by the person has been convicted of any of
the offenses referred to in .this section within the preceding three,
years.
A form for-the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an
individual, firm, partnership, corporation, or combination thereof under. the N same. or different nan~s 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 pr-ices obviously .are unbalanced may be rejected.
SECTION 3. AWARD AND EXf~CUTION OF CONTRACT.
3.--1.01 GENERAL. The award of .the contract, if it be .awarded, will be
to the lowest .responsible bidder. The language "responsible" refers to not only
the attribute of trustworthiness, but also to the quality, fitness and capacity
of low .bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CaN`I'RACT. 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'hR~ACT BONDS. -The Contractor shall furnish two .good and
sufficient bonds insured by an admitted surety insurer as set forth in Title
XI~I, 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 (1000_ of the contract price. The other of the. said .bonds shall be in an amount of fifty
percent (500) of the contract price and shall guarantee payment to laborers,
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.
Whenever any surety or sureties on any such bonds,- or on any bonds
required by law for the protection of the claims of laborers and material men,
become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the
Contractor for such further bond or bonds or additional surety, not exceeding
that originally required, as is considered necessary, considering the extent of
the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor .until such further
bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10)
days, not including Sundays, after the bidder has received 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 RE~JRN OF BIDDER'S GU S. Within ten, (10) days after the
;award of the contract, the City of Bakersfield will return any monies or form
for deposit of money that are. not to be considered in making the award. All
other proposal guarantees will be held until the.contracthas 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 :GENERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and
Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is
specifically hereby made a part of these special provisions.
. The first paragraph of Section 8-1.03, "Beginning of Work," of the
Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days
after receiving written notice to proceed. The Contractor
shall diligently prosecute the same to completion before the
expiration of 40 working days.
Contract working days will commence from the date the A 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 (250) of the
original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the'
provisions in Section 5, "CONTROL OF WORK," of .the Standard Specifications
and these special provisions.
Section.5-1.02 "Plans and~Working Drawings", of the Standard
Specifications is amended b~ 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 inwriting 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 j 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 PR~~VAILING WAGES. Pursuant to Chapter 1 of Part 7 of
Division 2 of the Labor Code (commencing with Section 1720),~Contractor agrees
that in performing said work, by himself or through any subcontractor, eight .hours' labor shall be a day's work and forty hours' labor shall be a week's work,
and that Contractor shall keep an accurate record showing the name and actual
hours 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 ~lorks 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. T~aENTY-FIVE DOL]C~ARS ($25) pursuant to Section 1775 of the Labor
Code, per worker. paid less than the-amount to which he is entitled
under said general prevailing .rate of wages; ,and
b. .TWENTY-FIVE DOL~GARS ($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, 17?7.5,
1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for
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apprentices,. the .Contractor and all Subcontractors shall submit one of the
following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF
APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This
request shall be submitted to the local Department of Industrial
Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140,
enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the
local Department of Industrial Relations, Division of
Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint
Apprenticeship Committee providing for apprentices.
One ~ of the above shall be .submitted by the low bidder to the City of
.Bakersfield Purchasing Division, within two (2) working days follo~~aing the bid
opening.
5-1.08 TRENCH S~~'ETY. 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 ~~-FIVE TI~OUSAND DOLLARS ($25,000), for ,excavation of any
trench or trenches five feet or more in depth, the Contractor or his
Subcontractor shall not begin any trench excavation unless a detailed . ~ plan, showing the design of 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 plane 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
requirement in no way relieves the Contractor from responsibility for complying
with local. ordinances regulating noise level..
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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 ?:00 A.M. to 4:30 P.M. Any deviations. must be requested and in writing and
directed to the Construction Engineer at the Pre-Job Conference. Written
a proval from the Construction Engineer is required for' work beyond these limits. p
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;withheldfrom 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 aJ.l 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 havingany jurisdiction or authority over the
same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work
under this contract until he has obtained all insurance required under this
section, and the requi-red certificates of insurance have been filed. with and
approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow any Subcontractor, to commence work on his subcontract until said.
certificates of insurance have been filed and approved by the City Risk Manager and the Public ~aorks Department. Contractor shall be responsible for any
deductibles under all required insurance policies..
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and
indemnify the City, its officers, agents, employees and volunteers from
all claims, demands, damages, judgments,. costs or expenses in law or
,..equity that may at any time arise from or related. to any work performed by the Contractor, his agents, employees or subcontractors under .the
terms of this agreement and shall execute and return with the executed
contract documents and bonds the "Hold Harmless Agreement," a copy of
which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond
required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this
agreement. the 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,
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property damage and personal injury, with limits of not less than one
million,($1,000,000} per occurrence; and
The automobile liability policies shall provide coverage for owned,
non-owned and hired autos.
General liability insurance, providing .coverage on an occurrence basis for bodily injury, ..including death, of one or-more. persons, property
damage and personal injury, with limits of not less than one million
($1,000,000) per occurrence.
The liability policies shall provide contractual liability coverage for
the terms of this agreement.
The liability policies shall contain an additional insured endorsement
in favor of the City, its mayor, council, officers, agents, employees.
and volunteers; .
Workers'. compensation with statutory limits and employer's liability
insurance with limits of not less than one million ($1,000,000} per
accident.
The workers' compensation policy shall contain a waiver of subrogation
endorsement in favor of the City, its mayor, council, officers, agents,
.employees andvolunteers..
All .policies requirad of the. Contractor hereunder shall be primary
insurance as respects the City,. its mayor, council,:.officers, agents,
employees and volunteers and. any. insurance or self -insurance maintained by the City,,-its mayor, council, officers, agents, employees and
volunteers shall be excess of the Contractor's insurance andshall note
contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy. language or
terms.
. If any part of the work under this agreement is sublet, similar
insurance shall be provided by or on behalf of the, subcontractors
to coven their operations.
The insurance required .under this agreement shall.. be maintained
until all work required, to be performed under the terms of this
agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be
included in the Contractor's bid, and no additional allowance will
be made for additional costs which may be required by extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the
Contractor shall provide the City with the foreman's. or superintendent's name who
will be in charge of this project.
D3LH:61003,12 -12- GG:lh
5-1.15 DAMAGE BY STORM, .FLOOD, TIDAL WAVE OR EARTHQUAKE. Section _
7-1,165, "Damage by; Storm, Flood, Tidal wave or Earthquake," of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. .All of the work shown on the 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 co~istructed
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 CON'T'RACT. If at any time in the opinion of the
City Council, the Contractor has violated any terms of this contract, failed to
supply an adequate working force, or material of proper quality, or has failed in
any other respect to prosecute the work with the diligence and force specified and intended in and ,by the terms of,the contract, notice thereof in writing. will
be served upon him, and should he neglect or refuse to provide means for a
satisfactory compliance with the contract, as directed by the Engineer, within
the.ame 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
.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
D3LH:61003.13 -13- GG:lh
carry out orders given, or to perform any provisions of the work. The ,Contractor shall immediately obey such order of the Engineer and shall not resume the work
until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial
Payments, " and 9-1.01, "Payment .After Acceptance, " of the Standard Specifications
and these special provisions.
No partial payment will be made for any materials on hand which are
furnished but not incorporated in the work. .
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and
requirements of Article 9-1.078, "Final Payment and Claims," of the Standard
Specifications, the following shall apply:
The City .may withhold funds, or because of subsequently discovered
facts, nullify the whole or any part of any certificate for payment, to
such extent as may be necessary to protect the City from loss due, to
causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing
of claims;,
c. .Failure of Contractor to make payment due for materials and/or
.labor;
d. Information ,causing reasonable doubt that the contract can. be
completed for any unpaid balance ;
e. Damages to another Contractor; and
f . Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued
for amount withheld.
The fifth aragraph in Section 9-1..078, "Final Payment and Claims," of p
the Standard Specifications is amended to read:
The Director will make the final determination of any claims which
:remain in dispute after completion of claim review. Aboard or person
designated by said Director will review such claims and make. written recommendation thereon.
The Cit Engineer shall, after the completion of the contract,, make a y
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 X30)
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.
D3LH:61003.14 -14- GG:lh
It is mutually agreed between the parties to the contract, that no
certificate given or payments made under the contract except the final
certificate or final payment, shall be conclusive evidence of the performance of
the contract, either wholly or in part, against any claim of the party of the.
first part, and-no payment shall be construed to be an acceptance of any
defective work or improper materials.
And the Contractor further agrees that the payment of the final amount
due under the contract, and the adjustmen-" and payment for any work done in
accordance with any alterations of the same, shall release the City,, the City
Council, and the Engineer from any and all claims or liability-on account of work
.performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word ncompensation" in the following paragraphs of the Standard specifications is replaced with the
words "unit price":
' Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.08, "PAYMENT".
Second paragraph of Section 36-1.07, "PAYS-'IE~1T" .
Tenth paragraph of Section 39-8.02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall bn held
res nsible for his workers and subcontractor's well-being and their education of I~ ,
handling hazardous materials whin hazardous materials afe encountered during this.
project..
SECTION 6. CONTROL OF :MATERIALS
6-1.01 GENERAL. .Control of materials shall conform to the pro~~isions
in .Section 6, "Control of Materials," of the Standard Specifications and these
special provisions.
At the option of .the Engineer, the source of supply of each of the
materials shall bz 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
roducer.of all materials to be used in the work, for testing or examination as P
desired by the Engineer.
All tests of materials furnished by the contractor shall be made in -
.accordance with commonly recognized standards of national organizations, and
such special methods and tests as are prescribed in :the specifications.
6-1.02 BORROW,-DISPOSAL AND MATERIAL SITES.. The operation of any
borrow or disposal sites used by the Contractor to produce or dispose of
material for .this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
Upon completion of the ~aork, 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, wilt blend with surrounding terrain, and will have a potential
D3LH:61003.15 -15- GG:lh
as a source of blowing dust or other pollution which is no greater than when in
their original condition.
If the Contractor obtains necessary permits for borrow, disposal or
material sites from the authority having jurisdiction or from the appropriate
llution control boards and such permits contain requirements which conf lic;t
i ection the with the requirements zn the first and second paragraphs of th s s ,
requirements of the permits shall .govern over the conflicting requirements of
this section provided the permit requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, .
,disposal and material sites in this section shall be considered as included in
the contract prices paid for the. items of work which rzquire the use of the
sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF C~'~'LIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the Standard Spec.if ications, the
Engineer may, permit the use of certain materials or assemblies, prior to
sampling and testing, if accompanied by a Certificate of Compliance. L
SECTION 7. CONSTRUCTION DETI~ILS
SECTION 7-1 GE~~RAL
7-1.01 ORDER OF WORK. Order of work shall conform to the. provisions
in Section 5-1.05;. "Order of work," of the Standard Specifications and these
special provisions.
All stri in removal shall be .completed a mznimum of 2..days pr-ior p 9 to signal being placed into operation. Pavement delineation shall b~ replaced
by temporary delineationbeforP opening the travel?d way. to public traffic.
Te rar delineation shall consist of reflective traffic line tape applied in Y
pieces not less than 4 inches long nor les3 than 4 inches wide snacPd no more
than 10 feet a art on curve nor more than 20 feet apart on tangents. Reflective p
traffic line tape shall be applied in accordance. with the manufacturer. s
instructions. Temporary delineation shall b° the same color as the permanent
delineation. Full compensation for temporary delineation shill 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.
]hen in~itiall installed, all vehicle and pedestrian signal faces y
shall be aimed and covered with cardboard or other material with an observation
hole- (max. .l" dia.) in front of each signal- indication. T~~e covers shall remain
yin lace until all signal operations have been checked and signal is placed into p operation.
Prior to commencement of the tr of f is signal f unct Tonal 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,
"Utilit and Non-Hi hway Facilities," of the Standard Specifications, the plans, Y 9
and the spe~;ial provisions.
D3LH:61003.16 -16- ~ GG:lh
The Contractor will be required ±o work around pub_1_ic utility facilities
and other improvements that are to remain in place ,within the construction area
or that aro 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 conducts 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 tilrn 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 anc~ they, shall not be disturbed unless directed by
the Engineer.
Attention. is directed to the fact that nuisance water may be present at
all tines .along the project. It will be .thp responsibility of .the Contractor to
provide for hand ling of said water and any expense involved s}zall be considered
as included in the prices paid for. the various items of work and no additional
allowance will be made therefor.
r
Except. in the case of extra work, full compensation for conforming to
the requirements of this article skull be considered as included in the prices paid for the various items of work and no additional compensation will be made.
therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish.,. install
and maintain signs, lights, flags and other warning and safety devices when
performing work which interferes with or endangers the safe movement of traffic
on any street or. highway.
Signs, lights, flags and other warning and safety devices and their use
shall conform to the requirements sAt forth in the current "~4anual of Tra.f f is
.Controls. - ~~arning Signs, Lights, and Devices for Use in Performance of ~~ork 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
al.l times as to the exact location and progress of the work and shall notify
t'nem immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public
D3LH:61003.17 -17- GG:lh
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
All All 8:30 A.M.-12:00 P.M.
All All 1:00 P.M.-4:30 P.M.
Where construction operations are actively in progress, a minimum of one
traffic lane, not less than twelve feet in width, shall be open for. use by
public traffic. Where construction operations are. not actively in
progress, not less than one 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
accommodation of public traffic thereon during paving operations.
In order to expedite the passage of .public traffic through or around
the work. and where ordered bythe Engineer,.-the Contractor.. shall, at his own expense, furnish, install. and maintain construction area.
signs, lights, f Tares, 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.
Since both Brimhall Road and Coffee Road are two lane-(one. lane in
each direction), flagmen-will be required during any lane closure.
7-1.04 EXISTING HIG~3WAY FACILITIES. .The work, performed in
connection with various existing facilities shall conform to the provisions in
Section 15, "Existing Highway Facilities," of the Standard Specifications and
these special provisions.
Existing City. highway signs and street markers shall remain the
property of the City. Such signs and street markers shall be relocated and
maintained during construction so as to convey the same intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in
D3LH:61003.18 -18- GG:lh
their permanent position by the Contractor's forces prior to completion of
construction. Signs removed from the project area shall be delivered to the
City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the
two preceeding paragraphs shall be considered as included in the prices paid for
the various items of work and no additional allowance wall be made therefor.
7-1.05 RESET MAILBOXES. Existing mailboxes shall be removed and
reset in accordance with the details shown on the plans, these special
provisions and as specified by the U. S. Postal Service.
During construction operations, the mailboxes shall be moved~as
necessary to clear the way for the Contractor's operations, but at all times
shall. be accessible. for delivery. During construction the mailboxes shall either be installed on posts set in the ground or they may be installed on
temporary supports approved by the Engineer.
when construction is complete the mailboxes shall be installed in
final position on new redwood posts. Groups of mailboxes on single-post or
multi-post supports shall be provided with a redwood. plank as a supporting cross
member between the posts.
Redwood shall conform to the requirements for sign, posts in Section
56-2.02B, "Wood Posts and Braces," of the Standard Specifications.
The space around the posts shall be backfilled with earthy material
and capped with 0.33-foot concrete. The backfill material shall be placed in
layers approximately 0.33-foot thick and each layer shall be moistened, and thoroughly compacted.
Existing posts and mounts shall be disposed of.
MEASUREMENT AND PAYMENT. Full compensation for disposing of existing-
posts and mounts, moving and maintaining the boxes (regardless of the number of
moves required), and for furnishing new posts, planks and hardware shall be considered as included in the contract unit price paid for reset mailbox and~no
additional compensation will be allowed therefor.
7-1.06 SAWCUT ASPHALT CONCRETE PAVEMENT. where new asphalt concrete
is to conform to existing asphalt concrete, the existing asphalt concrete shall
be saw cut to a neat line. The depth of cut shall be .sufficient so that damage
to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations.
The Contractor shall conduct his operations~so as not to damage the
integrity of the edge of the saw cut pavement. Any damage to the saw cut edge
will be corrected by the Contractor by additional cutting prior to the start of
paving operations.
Full compensation for conforming to the requirements of this article
shall be considered as included in various items of work and no additional
allowance will be made therefore.
7-1.07 RF~N20VE TRAFFIC STRIPES AND PAVEMENT M~~RKINGS. Traffic
stripes and pavement markings to be removed will be as shown on plans and as
designated by the Engineer.
D3LH:61003.19 -19- GG:lh
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. 4
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 rectangulararea.
In areas of removal where excessive gouging has occurred, as de ermined
by the Engineer, the gouged pavement shall be repaired utilizing a sheet asphalt
patch as directed by the Engineer.
Fu11 co nsation for furnishing and applying fog seal coat as sped- ~
fled herein shall be considered as included in the contract price paid per square foot for removal of troffic stripe and pavement marking and no separate
payment will~be made therefor..
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..
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will
be determined b the width of the stripe plus 0.67-foot multiplied by the length Y
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.
Removin of traffic stripes will be paid for at the contract unit price 9 per square foot for the actual area of authorized stripe removal,
Thee, 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.
D3LH:61003.20 -20- GG:lh
7-1.08 FlE~3CE REMOVAL., Fence removal shall conform to the provisions in Section 15, "Existing Highway, Facilities", of the Standard Specifications, the
plans and these special provisions.
Existing fence shall be removed between the limits shown on the plans
and shall be disposed of in conformance to the aforementioned provisions,
Fence removal will be paid for at the contract lump sum price for fence removal in conformance with Section 15-2.07, "Payment," of the Standard Specifica-
tions.
7-1.09 CLEARING AND GRUBBING. .Clearing and grubbing shall conform
to the provisions in Section 16, "Clearing and Grubbing," of .the Standard
Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer.
7-1.10 DUST CONTROL. It shall be the Contractor's responsibility
to prevent a dust nuisance from originating from the site of the work as a
result of his operations, or the traveling public, during the effective period
of this contract. Preventative measures to be ,taken by the Contractor shall
include but shall not be .limited to the following:
1. Water shall be applied to all unpaved areas as required to
prevent the surface frombecomng dry enough to permit dust
formation..
2. Paved surfaces over which vehicular traffic is permitted to
travel .shall be kept. free of dirt.
Temporary suspension of the work, either as a result of order by the.
..Engineer, or as a result of conditions beyond the control of the Contractor
shall not relieve the Contractor from his responsibility for dust control~as set
forth herein.
PAYMENT. Fu11 compensation for conforming to-the requirements of this
article shall be considered as included in the prices paid for the various ,contract items of work and no additional compensation will be allowed therefor.
7-1.11 EARTHWORK. Earthwork. shall .conform to the provisions in
Section 19, "Earthwork," of the Standard Specifications and these special
provisions..
Section 4-1.05. "Use of Materials Found on the Mork," of the Standard Specifications shall be amended to read as follows:
Unless designated as selected material as provided. in Section 19-2.07,
°Selected Material," the Contractor, with the approval. of the
Engineer, may use i~n the proposed construction such stone, gravel,
sand or other material suitable in the opinion of the Engineer as may
be found in excavation. The Contractor will be paid for the excava- tion of such materials at the contract price for such excavation, but
he shall replace at-his expense with other suitable material all of
that portion of the material so removed and used which was contem-
plated for use~in the work. The ,Contractor ,shall not excavate or
remove any material from within the highway location that is not
D3LH:61003.21 -21- GG:lh
within the excavation, as indicated by the slope and grade lines,
without written authorization from the, Engineer.
It is anticipated that there will be 0 cubic yards of surplus
material which shall become, the property of the Contractor and .shall be disposed
of outside of the highway rfight of way in accordance with the provis)ons of
Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications.
,When asphalt concrete is to be placed. on the grading plane, the grad-
ing plane at any point shall not vary by more .than 0.05-foot move or below the
grade established by the Engineer.
Section 19-3.062, "Slurry Cement Backfill," of the Standard
Specifications is deleted and shall not apply to this contract.
Imported borrow must be clean and free from vegetable matter and other
deleterious substances and. must conform to the following requirements:
Individual
Tests ~ Test Method -Test Results
Sand Equivalent 217 18 min..
.Resistance 301 50 min.
(R-Value)
The R-Value requirements will be waived provided the imported borrow has a..sandequivalent value of 25 or more.
In addition to the above requirements, material located in the upper
0.5 foot below the shoulder .surface shall have a suitable gradation to produce a
firm and stable surface.
MEASUR~+iENT AND, PAYMENT. .Imported borrow will be measured by the
.cubic yard and the quantity to be paid for will be computed in the following
manner:
(1) The total quantity of embankment will be computed by. the method
specified for roadway excavation in Section 19-2.08,
"Measurement," of the Standard Specificati-ons on the basis of
the planned or the authorized cross-section for embankment as
shown on the plans and the measured ground surface.
(2) The quantities of roadway excavation, structure excavation, and
ditch excavation, shall be used in the embankment, and will be
.adjusted by multiplying by a specified grading factor of 0.85.
Nofurther adjustment will be made in the event that the sped-
fied grading factor does not equal the actual grading factor..-
. (3) The final pay quantity of imported borrow shown on the plans was
determined by deducting the adjusted quantities of excavation from the total embankment quantity and then adding a quantity of
approximately 289 cubic yards for the anticipated effect of
subsidence and hrinkage due to compaction..
No adjustment will be made in the- event that the anticipated
subsidence and shrinkage does not equal the actual subsidence and shrinkage.
D3LH:61003:22 -22- GG:lh
The estimated quantity of roadway excavation shall be a~final pay
quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the Standard
Specifications.
The estimated quantity of roadway excavation * (and imported borrow)
shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY
QUANTITIES" of the standard specifications.
7-1.12 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters
material in excavation which he has reason to believe may be hazardous waste, as
defined by Section 25117 of the Health and Safety Code, he shall immediately so
notify the Engineer in writing. Excavation in the immediate area of the
suspected hazardous material shall be suspended until the Engineer authorizes it
to be resumed. If such suspension delays the current controlling operation, the
Contractor will be granted an extension of time as provided in Section 8-1.07, "Liquidated Damages," of the Standard Specifications.
If such suspension delays the current controlling operation more than
2 working days, the delay will be considered a right of way delay and the .
Contractor will be compensated for such delay as provided in Section 8-1.09,
"Right of Way Delays," of the Standard Specifications.
The Department reserves the right to .use other forces for exploratory
work to identify and determine the extent of such material and for removing
hazardous material from such area.
7-1..13. FINISHING ROADWAY. Finishing roadway shall conform to the
provisions in Section 22, "Finishing .Roadway," of the Standard Specifications
and these special provis-ions. -
In addition to the conditions, provisions and requirements of Section
22-1.01, "Description," of the Standard Specifications, the following shall
apply:
The Contractor shall remove, from all affected areas, whether inside or
outside the project limits, all excess and/or objectionable material
originating within theproject limits and transported by .public. traffic, or by the Contractor's operations.
The_Contractor may use any method, approved by the Engineer, that-does
not create a dust problem to remove the excess and/or objectionable material
from the affected areas. However, in residential areas, when a broom is used, a
self-contained, pick-up type, power broom with water distribution system shall
be used.
PAYMENT. The first paragraph in Section 22-1.03, "Payment," of the
Standard Specifications, is amended to read:
Full compensation for ,furnishing all labor, materials, tools,,
equipment, and incidentals, and for doing all the work involved in
finishing the entire project., including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized
intersections, whether inside or~outside the highway right of way, and
all other areas, whether inside or outside the project limits, affected
by public traffic or by the Contractor's operations, all as shown on
.the plans, .and as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer, shall be
D3LH:61003.23 -23- GG:lh
considered as included in various items of work and no additional
compensation will be made therefor.
7-1.14 AGGREGATE BASE. Aggregate base shall be Class 2 and shall
conform to the provisions in Section 2d, "Aggregate Bases," of the Standard
Specifications and these special provisions.
Aggregate base shall be compacted to 95~ relative compaction.
Compaction will be determined by the following test methods: California No. ,216, California No. 231, or ASTNI (current edition) D1557 and one of the following D2922
or D1556.
For verification purposes,. the tonnage of compacted aggregate base will
be calculated from the dimensions shown on the plans, adjusted by the amount of
-any change ordered by the .Engineer.
7-1.15 ASPHALT CONCRETE. Asphalt concrete shall be Type B and shall
conform to~the provisions in Section 39, "Asphalt Concrete," of the Standard
Specifications and these special provisions.
Aggregate for the top layer. of Type B asphalt concrete shall conform
to the requirements. for 1/2 inch maximum, medium grading. and aggregate for any
lower layers of Type B asphalt concrete shall conform to the requirements for 3/4
inch maximum, medium grading, both as specified in Section 39-2..02, "Aggregate", of the Standard Specifications.
r
When directed by the Engineer, aggregate conforming to any of the
grading requirements in Section 39-2.02, "Aggregate," of the Standard
Specifications shall be used to.surface intersections,-tapers, and other areas
where thin layers of asphalt concrete are being constructed.
Paving joints shall match stripe locations.
` Aggregate for asphalt concrete dikes shall conform to the 3/8 inch max-
imum grading as specified in Section 39-2.02 "Aggregate," of the Standard
Specifications.
If the finished surface of the. asphalt concrete does not meet the spe- cified surface tolerances., it shall~be brought within tolerance by either (1)
abrasive grinding with equipment utilizing diamond blades (with fog seal coat on
the areas which have been ground), (2) removal and replacement, or (3) placing
an overlay. of asphalt concrete. The method will be selected by the ngineer.
The corrective work shall be at the Contractor's expense. If used, the Fog Seal
Coat shall be either Asphalt Rejuvenating Agent or Asphaltic Emulsion as
directed by the Engineer.
If abrasive grinding is used to bring the finished surface to sped-
fied surface tolerances, additional grinding shall be performed as necessary to
extend the area ground in each lateral direction so that the lateral .limits of
grinding are at a constant offset from, and parallel to the nearest lane line or
pavement edge, and in each longitudinal direction so that the grinding begins
and ends at lines normal to the pavement centerline, within. any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance.
Abrasive grinding shall conform to the requirements in the first paragraph and
the last 4 paragraphs in Section 42-2.02,'"Construction," of the Standard
Specifications.
D3LH:61003.24 -24- GG:lh
Where the compacted thickness is 0.15 foot or less, halfwidth surfac-
ing operations shall be conducted in such a manner that, at the end of each
day's work, the distance between the ends of adjacent surfaced lanes shall not
be greater than can be completed in the following day of normal surfacing opera-
tions. Additional asphalt concrete shall be placed along the transverse edge at
the ends of each lane, hand raked, and compacted to form temporary conforms.
Kraft paper, or other approved bond breaker, may be placed under. the conforms to
facilitate the, removal of the conforms when paving operations resume.
Where the compacted thickness is more than 0.15 foot, the Contractor
shall schedule his paving operations such that each layer of asphalt concrete is
placed on all contiguous lanes of a traveled way each work shift. At the end of
each work shift, the distance between the ends of the layers of asphalt concrete-
on adjacent lanes shall not be greater than 10 feet. Additional asphalt con-
Crete shall be placed along the transverse edge at the ends of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and
compacted to form temporary conforms. Kraft paper, or other approved bond .
breaker, may be placed under the .conform feathers to facilitate the removal of
the feathers when paving operations resume.
The area to which paint binder has been applied shall be closed to
public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.
A prime coat will not be required on subgrade prior to placement of
.asphalt concrete.
Intersections and tapered shoulders shall be surfaced as directed by n the Engineer. At road connections and private drives, shown on the plans and as
directed by the Engineer, additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth, tapered
connections.
,Where new asphalt concrete pavement is to conform to existing payed
surfaces, the existing pavement shall be saw cut.
The miscellaneous areas to be paid .for at the contract price per
square yard for place .asphalt concrete (miscellaneous area) in addition to the
prices paid for~the materials involved shall be limited to median .islands and
driveways.
7-1.16 ROADSIDE SIGNS. Roadside signs shall conform to the
provisions in Section 56-2, nRoadside Signs," of the Standard Specifications and
these special provisions.
Miscellaneous roadside si s 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).
7-1.17 OVERHEAD SIGNS. Overhead signs shall conform to the
D3LH:61003.25 -25- GG:lh
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..18 SURVEY MONUMENT AND ENCASEMENTS. Survey monument and
encasements shall be constructed at the locations shown on the plans, in accordance with these special provisions, and City Standard S-29.
The surf ace of the concrete shall be protected from public traffic for
a minimum of three days.
At the option of the Contractor, minor concrete containing a minimum of
.seven ,sacks of cement per cubic yard may be used and the time required for protection of the concrete surface from public traffic shall be reduced, to a
minimum of one day.:
The monument will be set by the City and furnished by the Contractor ✓
The City will provide.. the survey. Contractor shall give the City 24 hours notice
when surveys., are needed.
MEASUREMENT AND .PAYMENT. For payment purposes, a survey
monument encasement shall be considered as a single unit complete in place.
The contract price paid for survey monument and encasement shall
include full compensation for furnishing all labor, materials (including
monuments, frames and covers), tools and equipment, and for doing all work
including excavation and backfill, involved in constructing the monument and encasement complete in place.
SECTION ?-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.
D3LH:61003.26 -26- GG:lh
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," 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.
2. The conduit shall be placed~in the bottom of the trench and the trench shall be backfilled with a one (1~ sack slurry cement
backfill. Slurry cement backfill shall be placed to within 0.20
feet of the pavement surface. The top 0.20 feet shall be
backfilled with asphalt concrete produced from commercial quality
paving.-asphalt and aggregates.
- 3. Prior to spreading asphalt concrete, paint binder shall. be applied
as specified in Section 39-4.02, "Prime Coat and Paint Binder," of
the~Standard Specifications. Spreading and compacting of ,asphalt
concrete, shall be performed by any method which will produce an
asphalt:concrete surface of uniform smoothness, texture, and
density.
4. All excavated areas in the pavement shall be backfilled 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 and these special
provisions.
Recesses for suspension of ballasts will not be required.
?-2.04. CONDUCTORS AND WIRING. Conductors and wiring shall conform to
the provisions in Section~86-2.08, "Conductors," and Section 86-209, "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.
D3LH:61003.27 -27- GG:lh
Only multi-conductor cable conforming to the following shall be used:
5 Conductor cable consisting of 5 No, 14 conductors colored 1 each
red, yellow, brown, white and black,
9 Conductor cable consisting of 1 No. 12 conductor colored white and
8 No. 14 conductors colored 1 each red, yellow, brown, black, red/black stripe yellow/black stripe, brown/black stripe and
whte/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 fore a single ring operation.
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. Pur le
2p & 6p Red, Brown 2 Black
Pedestrian 4p & 8p Red, ,Brown. 2 Orange
Signals lp & 5p Red, Brown 2 Silver
3 & ~ Red, Brown 2 Pur~le
2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange
Push Buttons lp & 5p Blue Silver
3 & 7 Blue Pur le
Pedestrian
Push Buttons White Black
Common Signal White.. None Railroad
Pre-e tion Black Red ~
.Spare ~ Black None
The cable sheath shall be polyethylene and the conductor insulation shall
be Type T~3WN 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 on the plans and
shall be furnished with 100 amp, 240 volt, 3 pole main breaker and the following
D3LH:61003.28 -28- GG:lh
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.
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, "BEGIN'NING OF wORK,
TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7-2.07 SIGIJAL FACES AND SIG~~IAL HEADS. Signal faces, signal heads and
auxiliary equipment, as shown on the plans, and the installation thereof, shall
conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02,
"Directional Louvers," 86-4.03., "Backplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions...
Housing, visors, directional louvers and Backplates shall not be
structural plastic.
All lamps for traffic signal units shall be furnished by the
Contractor.
All signal faces shall be provided with 12-inch sections.
The 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 s bronze or hot-dip galvanized ductile iron.
4 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.
D3LH:61003.29 -29- GG:lh
Pedestrian signals shall be Type C, and shall have energy efficient heads
equivalent to Indicator Controls Corporation Model 4094B.
7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in
Section .86--6.01, "High 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 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform.
to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard
Specifications and these special provisions.
-Each lurninaire shall be provided with a Type IV photoelectrical
control.
7-2.11 CONTROLIGERS, CABIN]~TS AND AUXILIARY EQUIPMENT. The City will
furnish the controller and cabinet assembly for each location.
7-1..12 DETECTORS. .Detectors shall conform to .the provisions in Section 86=5, "Detectors," of, the Standard Specifications and these special
provisions. Location and layout of detector loops shall. be as directed by the
Engineer.
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 withepoxy 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 a characteristics.:
Measuring Standard
Property and Result3 And Conditions
Hardness (indentation) - 65-85 ASTM D 2240 Res. ~ A, Model 1700
77° F. (25° C.) 50~ relative humidity.
D3LH:61003.30 -30- GG:lh
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; 4000, minirnum~ 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.
2. .Asphaltic Emulsion Inductive Loop Sealant shall conform to State of
California Specification 8040-41A-15.
Loop conductors shall be installed without splices and shall terminate in the .nearest pull box. The loops shall be joined in the pull box in combination of
,series and parallel so that optimum sensitivity is ..obtained at the sensor. unit..
Final splices between loops and lead-in cable shall not be made until the operation
of the. 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 traffis counters shall terminate in a pull box or
terminal-strip in the traffis count station cabinet when-such acabinet 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 phase and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in permanent ink
on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532
or approved equal).
If asphalt concrete surfacing is to be placed, the loop detector
,conductors shall be installed prior to placing the uppermost layer of asphalt
concrete. The conductors shall be installed; .as shown on-the plans, in the compacted layer of asphalt concrete immediately -below the uppermost layer. Installation
details shall be as shown on the plans, except the epoxy. sealant shall fill the slot
flush to the surface. Detector loops in concrete pads shall be sealed with epoxy
sealant.
D3LH:61003.31 -31- GG:lh
Loop detector lead-in cables shall conform to the provisions in Section
86-5.O1A (4}, "Construction Materials," of the Standard Specifications and these.
special provisions.
Loop detector lead-in cables shall be Type B, and shall conform
to the following:
y 1, All spade connectors used to attach to terminals inside
the controller cabinet shall be crimped and soldered to
the conductor.
2. Loop wires in the pull box shall be twisted at a minimum
rate of 5 turns per foot, and the splice must be soldered
and completely waterproof. Connect one end of the shield
to earth ground (at cabinet} and insulate the other. end with no possible path to earth ground.
7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to
the City on the form attached, guaranteeing all systems, except traffic signal-
lamps, installed under this. contract for a period of one (1} year from the date of
'acceptance of the work. The guarantee, properly executed, shall be filed with the
City before notice of completion, and final acceptance` is .made by the City of the work described on the plans-and these special provisions.
7-2.14 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..
_z
1
D3LH:61003.32 ~ -32- GG:lh
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
N - Code of Federal Regulations, Hazardous Materials and Regulations
.Board, Ref. 49CFR.
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable,
water emulsified bitumen, It will be the manufacturers responsibility
~to.produce, 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
D3LH:61003.33 -1- GG:lh
Asphaltic ~lsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2..4 Brookfield viscosity, Poise ~ 50 to 125
RvT Spindle #3, 10 RPM at 75 + 2°F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks . constant weight at 75 + 5°F. and ~50 + 10~ -relative
humidit . Condition mandrel and specimens 2 hours at Y
75 + 2°F before test. Use aluminum panels, 0.03 inches
thick ~Q panel or equal}.
3.3.2 Tensile Strength, psi, 20 minimum
cast sheets 0.25 inches thick and air dry at 75 + 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
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. 4.34, Part VIII. Space. .with no loss
y damp blocks with 0.25 inches between slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete
sample, strike off theexcess. Dry in 14.0°F oven. to
constant. weight and condition 1 day at 75 + 2°F .before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification
or .loss of
adhesion
3.4 Workmanship
3.4:1 The sealant shall be properly dispersed and any settling shall be 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. .
D3LH:61003.34 GG:lh
Asphaltic Emoulsion 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 PRE)~IISIONS
4.1 Inspection .
-This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing .
Unless otherwise permitted by the Engineer, the. material shall-be
sampled at the place of manufacture and application will not be d 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 seize the containers shall be r~ew, round standard full open-head with
bails., shall be nonreactive with. the contents, and shall have
compatible gaskets. 'The containers shall comply with the U.S.
.Department of Transportation or the Interstate Commerce Commission
regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State.
specification number manufacturers name, date of manufacture and
manufacturers batch number.
. The manufacturer shall be responsible for proper shipping labels as
outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49, CFR.
D3LH:61003.35 GG:lh
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, equipment, devices, or processes used on or incorporated in
the work, and agrees to indemnify and save harmless the State of
California., and its duly authorized representatives, from all suits at
law or action of every nature for, or on account of, .the use of any
patented materials, equipment, devices or processes.
6.3 Certificate of Compliance ~ .
The manufacturer shall furnish a Certificate of Compliance with. each
y batch of sealant., in accordance with the provision of Section 6-1.07 of
California Department.: of Transportation Standard Specifications,
January 1988. w
D3LH:61003.35A ~ GG:lh
NOTE ~ PCC slap not 'o oe p~oced until
paring is in ptoce.•,
Edge hitlt Hott Sawcut-•, - 2~~ ..-.-~'4u4r.1--=~-
~ "X 3 M C~omond / I' Pattern ~.erters, / ~ ~ r•~ ' ..::'a l ~a;.~..
I ~ - 777 ~ rrt~~. 1}~•, 'N~~~ M'/y~•/~q = I.
deep ~ L.,•.;. ~ a smooth r;~~_, ;~~.ri;:~ Trowel --•8uildin
r ~
~ • . ~ • ~ ~ yaw r .~'i'Y,~..:''
~ Mot: ~ Pattern Letters, ~ Miti ~`•2' Square
~"High IdPiQe Cosinq••' ` Concrete Pod i
PLAN
12 a"
f D 4 9' ~ 7 r 8 io.
3»~ ~r ~9 a s LI 2 ~ ~
r SECTION THRU MONUMENT ~ l~ '
~ 9 ~
a
GENERAL. NOTES
s• Ida, I Ail .work shall conforn, to tt+o applicable sections of the : cifications 7 s r ~ 10$ entitled Standard 3pe~:ificatione, State of California, Business. and
Tronsportotion Agency, Deportment of TroRSportation,' current edition,
SECT 1 O N A- A and there s~eoie~-~e,►i~iensc ~ ~o~tES Cost~ngs shall conforn+ to the prarisions of the specification fa
Grog -Iron Castings, Serial. Otsignatioe ASTM~tlatest) A48, Cfos: asla 30 6.
Alt Frames and Coven stall be .tough, gray cast iron, fret from warps, r' ~ ~ arockk, swell: and cgld shut, and shall hand. o wor4maniike .finish...
TM scot: of tromes +md bnoripq face= of the corers shall bo
• moct~ined for a unooth~ roakinq fit .between the ~o castings. Stomp disc with R.C.E.. Costin9s shall be thoroughly cNoned and dipl~ twicf in- o prpporotion
a LS. number of asphalt or cool tor.- and of I applied of 300' Fahreinhei! to form
! a firm and tenacious staff. ' ~ ~ Concrete- shoal contain no additives unless prior written approval
is obtained from .the City Engines.
~ ~,t,•~ Cancnte shall be cured with o .white pigmented .cur=nq compound CampiYinq with cation 90. 7.019 of the .Standard Soecificatrons'.
~ ~ The surface shall bt finished to grade, IrorrNed smooth and giiren o
. ~ lift broom finish.
Concrete shall be Class. A, (6• Sack Portland Cemeat Concrete). . The Home of the monufocturinq compo~r shall be on the underside of
tM coyer.
Plpp casing shall be l0' I.A, steel, A 8 S, or os directed by the City Enginter.
r
. ~ a
Disc shall D. l,iot: No. ~ 8134.13 a approved ~ Di:c and Stem to be
equal. cast together of Bron:e
LN r r
x 2' Shank--- W
J ~'~'~ti~ JUG. '~9
~wwnw ~r r~ M~ Tr `.r.m`' Dec..( 19g l .
. ~s oecemfler Is at STA N OA R D ~,~.a.s.
' • S~1R11EY MONUMENT ,
DOME HEAD DISC DETAIL None .'...r..
CITY OF BAKERSFIELD
n, ~1 CALIFORNIA Si ~ ~i~ car .w.Nea. Er1GINEERItVa DEP11t!tT1AENT .
3
■
ALTERNATE LOCATION TO BE TYPE B.S.S.
USED WHEN THE SIDEWALK Y 2'~ GALVANIZED PIPE
EXTENDS FROM THE CURB J AS .PER AMERICAN FENCE CO.
TO THE PROPERTY LINE, ~
PARTICULARLY IN COMMERCIAL w
AREAS. f l iA
II p ~ fl- O
~ Y
~I V fl Q
~i m 2~0~~~~
~t
~ . • ~ t . (i
~ ! f 2 O '
e MIN.
~~~I L .
C-LASS .~~8~~ PC.C.
_
APPROYEO
MISCELLANEOUS S I N G . _
DETAIL
CITY ENGINEER
R~COROtEC ~ oATt~ l2/OS/8.S CITY OF BAKERSFIELD
~ N eooK SAT ~AG!_. CA L.l FO R N I A oienwN G.E. G.
ORRiC1AL RECORDS OF KERN COUNTY. CJILIRORNU ENGINEERING DEPARTMENT CtlecxioS.L.Y~
i
PROPOSAL
FOR
TRAFFIC SIGNAL SYSTEM ON BRIMHALL ROAD AT COFFEE ROAD
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 office of the Finance Director of the
City of Bakersfield and as specified in the contract, in the manner and time
therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the. following- schedule:
The undersigned further agrees that in case of default in executing
the required contract, with necessary bonds, within ten (10) days, not including
Sunday, after having received notice that the contract is ready for signature,
the proceeds. of the check or bid bond accompanying his bid shall become the pro- petty of the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE. EX'.CENSION
N0. QUANTITY MEASURE ~ in figures) PRICE (in f i res )
1 1 LS Install Traffic
Signal
2 1 EA Relocate Mailbox
3 142 LF Place AC Dike
. SIGNED
Bidder
Page 1 of 2
D3LH:61003.36 GG:lh
TRAFFIC SIGNAL SYSTEM ON BRIMHALL ROAD AT COFFEE ROAD
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in figures) PRICE
(in f i res )
4 1105 TONS A.C., Type B
5 1270 TONS Aggregate Base,
C1.2
6 885 CY Roadway Excavation
7 165 CY Import Borrow
8 5420 SQFT Stripe Removal
9 1 LS Fence Removal
10 2 EA Survey Monument and
Encasement
TOTAL $
SIGNED
Bidder Company
Address
City State Zip Code
( )
Area Code Telephone Number
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF
PERJURY.
Page 2 of 2 .
. D3LH:61003.37 GG:lh
The Extension Price has been calculated by multiplying the .Estimated
Quantity by the Unit Pricz. In the case of lump sum items, the Estimated
Quantity shall be unity. The Bid Total is the sum of all Extension Prices.
Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall
prevail, and the bid submitted shall be the correctly computed sum of all
correctly computed Extension Prices, provided, however, if the amount set forth
as a Unit Price is unintelligible or omitted, then the amount set forth in the
_ Extension Price column for the item shall be used to r~etermine the correct Unit
Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price
column shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price
column shall be divided by 'she estimated quantity for the item and the
price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall completA
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 DOLI[~~RS ($10,000), whichever is greater, and the portion of the wor:~ 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 (Cit ,State, Zi ) of work subcontracted
i~ (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 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 ~.ts option,
determine that the bidder has abandoned the bid proposal and the bidder's
security shall be forfeited and shall become the property of the City. City
shall then be free to accept the bid of another bidder .
D3L~~:61003.38 GG:lh
(This form shall be completed. by all Bidders and submitted w th the Bid]
TI~AFF' IC S IG~~IAL SYSTEM ON BRIMHALL ROAD AT COF]'EE ROAD
NONCOLLUSION AFFIDAVIT TO BE EX~~CUTED BY BIDDER AND
_ SUBMITTED WITH BID
State of California )
) ss:
County of A
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 wham;
that the bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and .has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put
in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
p conference with anyone to fix the bid price. of the bidder or any other bidder,
or to fix any overhead, prof i t, 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 bre akdo~~n thereof, or the. contents thereof, or divulged information or data relative thereto, or paid, and
. will not pay, any fee to and 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 mP
this day of 19
D3LH:61003.39 GG:lh
Accompanying this proposal is
(NOTICE: Insert the wards cash cashier s check, certified
check," or "bidder's bond," as the case may bed, 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:
IMPORT~~NT NOTICE If bidder or their interested person is a corporation, state
legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners
composing firm; if °bidder or other interested person is an individual, state
first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN
HERE
Signature of Bidder
.NOTE--If bidder is a corporation, the legal name of the corporation
shall be set forth above together with the, signature of .the officer or
officers authorized to sign contracts on behalf of the corporation; if
bidder is a copartnership, the true name of the .firm shall be set
forth above together with the signature of the partner or partners
authorized to sign contracts 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 i1o..
Place of Residence
Dated 19.....
D3LH:61003.40 GG:lh
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid}
KNOW ALL MEN 8Y THESE PRESE~~ITS :
That we
as principal, and
as surety,
are held and firmly bound unto t~ze City of Bakersfield, a body politic and
corporate of the State of California, in athe sum of
dollars
to be paid to said City, for which payments, well and truly to be made; we bind
ourselves, our heirs, executors and administrators, successors or assigns,
jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
r
CON'.CRACTORS attached hereto, is accepted by the Council of said City and if the
above bounden principal, heirs, executors, administrators, successors and
assigns, shall duly enter into and execute a contract, to construct said
.improvements aforementioned, and shall execute and deliver the two bonds
required by law, within ten days (not including Sunday} from the date of a notice
to the above bounden principal, that said contract is ready for execution, then
this obligation shall become null and void, otherwise it shall be and remain in
full force and effect.
IN WITNESS U~fiEREOF, we have hereunto set our hands and seals this day
of 19
(Seal
(Seal)
(Seal)
D3LH:61003.41 Page 1 of 2 GG:lh
STATE OF CALIFORNIA )
ss.
COUN'T'Y OF
On this day of ?9......, before me,
a notary public in and for the County of State of
California, personally appeared
/ / personally known to me / /proved to me on the basis of
satisfactory evidence
to b~ the person ~ahose name is subscribed to thA within instrument as
t e Attorney zn Fact of
and :acknowledged to me that he subscribed the name of
...........................................thereto as surety, and his own
name as Attorney in Fact.
IN WIT~JESS 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
D3LH:61003.42 Page 2 of 2 GG:lh
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public. ~~lorks 1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. , for:
TRAFFIC SIGNAL SYSTEM ON 'SRIr~iALL ROAD AT COFFEE ROAD ,
awarded on between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the
installation of lighting and/or traffic signal system and
under which contract the undersigned has furnished and installed such system,
the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract,
except lighting elements, prove defective or should the system as a whole ?rove
defective,. due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part thereof fail to operate properly, as
planned, due to any of the above causes, all within (1) year of ter date on which
.said contract is accepted by the City, the undersigned agrees to reimburse the
City, upon demand; for its expenses incurred in restoring said systems to the-
..condition contemplated in said contract, including the cost of any equipment or
materials replaced,~or, upon demand by the City,. to replace any such equipment and repair said systems completely without cost to the City, so that they will
operate successfully as originally contemplated.
The City shall have the option to make any ,needed repairs or replace-
ments itself or to have such replacements or repairs done by the undersigned.
Prior to such replacer~nt or repair work being done by the City, the undersigned
shall have the option to make any needed repairs or replacements. In the event
the City .elects to have said work performed by the .undersigned, the undersigned
agrees that the repairs shall commence to be made and such materials as are nec- essary shall commencz to b~ furnished and installed within Twenty-Four (24)
hours of the date specified in the City's written notification. Contractor
shall prosecute with due diligence to complete the work within a reasonable
.period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guar-
antee in the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included
in said contract.
Date ~ ~ Contractor's Signature
Firm
Address
D3L1~:51003.43 GG:lh
c
GUARANTEE
MATERIAL AND W4RI~IANSHIP
- CITY OF BAKERSFIELD Department of Publi ~ ~~dorks
1501 Truxtun Avenue, Annex Building
- 3akersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL SYST~~ ~ ON B~RIMHALL ROAD Am COFF ~L ROAD ,
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 which contract the undersigned has installed such
,facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the
same to be free from imperfect workmanship and/or materials, and we
agree to repair and/or replace at our own cost and expense, any and all such work, and/or ,materials which may prose defective in
workmanship or materials within a peiiod of one. (1) year from the date
of acceptance of the above named construction project, ordinary wear
and tear or neglect excepted. ~~e also agree to repair and/or replace,
at our own. cost and PxpensP, any work and/or Materials that wP may
disturb or displace in making good such defects. M
Within twenty-four (24) hours after bring notified in writing by the. City or the City's representative, or the agent of
5 either of them,. of any defects in said work or materials, we agree to
con~nen^e and prosecute with due diligence, allwork necessary to
fulfill the terms of this .guarantee and. to complete the work within a
.reasonable period of time, -and in he event of ourfailure to so
comply, we collectively and expressly do hereby authorize the City
and/or the City's representative, or the agent of either of them, to ..proceed. to have such work done at our expense and. we will honor end
pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both
the City of the above mentioned construction projec~: and the City's
representative, and shall be enforceable by either of them.
DATED
Contractor's Name
Authorized Signature
D3L~-i:61003.44 - GG:lh
HOLD HAF~MLESS AGREENfENT
CITY OF BAiZERSFIELD
IT IS Y AGR~~ED that ~ agrPAs to
indemnify and hold harmless the City of Bakersfield, its agents, employees or any
othzr persons against loss or expense including attorneys fees, by reason of the
liability imposed by law upon the City, except in cases of the City's sole
a
negligence., for damagz 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 ou' of or in consequence of
(agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at ~he~
.option of the City), defend the. City of ~ak~rsfield with appropriate counsel and
shall further baar all costs and expenses., including the expense of counsel, in
the defense of an~~ suit arising hereunto.
t.
DATED
Contractor's Name
Authori2ed signature
D3LT~i:6i003.45 GG:1►~
SAMPLE ~ SAMPLE
CONTRACT N0.
TRAFFIC SIGNAL SYST~'~ ON BRLMHALL ROAD AT COFFEE ROAD
CITY OF BAKERSFIELD
THIS AGR]~NIENT, made and entered into on by
and between the CITY OF BAKERSFIELD, a muniipal corporation, hereinafter called
"City," and ,hereinafter called "Contractor";
WITNESSETH:
~R~~AS, City has duly advertised for sealed proposals for
TRAFFIC SIGNAL SYSTE~~ ON BRI`~IHALL ROAD AT nOFFEE ROAD ,
within the City of•Bakersfield. On ,the contract was
awarded to Contractor upon his properly executed bid; and ,
WHEREAS, one of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
N~1, THEREFORE, it is mutually agr?ed by and between the parties hereto
as f o~ 1Qws : ,
ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials.
for ,
within the City of Bakersfield.
- ARTICLE II
The following shall be deemed to be part of this contract as if fully
set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. ~3idder's Bond
5. Performance Bond G. 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 required by Specifi~ations~
D3LH:61003.46 ~ -1- GG:lh
IN WITNESS tiaHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITYn "CONTRACTOR'
CITY OF B~~KERSFIELD
By By
CI~~RENCE E . r~'iEDDERS , ~~ayor
a
APPROVED AS TO FORM:
By
City Attorney
APPROVED AS TO CONTENT:
By
Public ?~~orks Director
COUNTERSIGNED:
Dy
Finance Director
D3LH:61003.47 -2- GG:lh
(To be completed by the Contractor, if he elects t~ substitute securities in lieu
of retention]. .
ESCRUVJ AGREF~~IENT
FOR
. SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCRC~+I.AGREEMENT is made and entered into by and between
whose address is ,
hereinafter called "owner",
whose address is
hereinafter called "Contractor" and
whose address is
.,hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and
Escrow Agent agree as follows:
~ 1. Pursuant to Section .22200 of the Public Contract Code of the State
of California, Contractor has the option to deposit securi}ies with Escrow Agent as a.substitute-for retention earnings required to he withheld by Owner pursuant.
to the Construction Contract entered-into between t'~e Owner and Contractor for
in the amount of dated ~ (hereinafter referred to
as t-.he "Contract"). when Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the owner within ten X10) days.,
of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the caah amount then required to be
withheld as retention under the terms of the~Contract between the Owner and
Contractor. Securities. shall be held in the name of ,
and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such
funds which otherwise would be withheld from progress payments pursuant to the
Contract provisions, provided that the Escrow Agent hold securities in the form
and amount specified..above.
3. Alternatively, the Owner may make payments directly to Escrow
Agent in the amount of retention for the benefit of ~:he Owner until such time as
the escrow created hereunder is terminated.
D3LH: 61003.48 -1- CMG: lh
4. Contractor shall be responsible for paying all fees for the
expenses incurred by .Escrow Agent in administering the escrow account. These
Axpenses and payment terms shall be determined by the Contractor and Escrow
Agent.
5. The interest, earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole
account of Contractor and shall be subject to withdrawal by Contractor at any
time and from time to time without notice to the Owner.
n. Contractor shall have the right to withdraw all or any part of the
principal in the Escrow Account only by ~~aritten notice ~to.Escrow Agent.
accompanied by written authorization from Owner to the Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor. . }
7. The Owner shall have a right to draw upon the securities in the
event of default by the Contractor. Upon szven (7) days' written notice to the
Escrow Agent from the owner of the default, the Es:;row Agent shall immediately
convert the securities to cash and shall distribute-the cash as instructed by the
Owner.
8. Upon receipt of written notification from thA owner certifying that the Contract is final and complete, and that the Contr--actor has complied
with all requirements and procedures applicable to the Contract, Escrow Agent
shall release to Contractor ali securities and interest on deposit .less escrow
fees and charges of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all moneys and securities on deposit and payments of fees
and charges.
9. escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this
agreement and the Owner and Contractor shall hold Escrow Agent harmless from
Escrow Agent's release and disbursement of the. securities anc~ interest as set
forth above.
10. The names of the persons who are authorized to give written notice
or receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, `and exemplars of their respective signatures, ire
as follows
On behalf of Owner : On behalf of Contr actor
Title Title
Name ~ Name
Signature Signature
Address Address
D3LH:61003.49 -2- GG:lh
On behalf of Escrow Agent:
Title
Name .
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
proper officers on the.date first set forth above.
Owner Contractor
Title Ti tIe
Name ~ ~ Name
Signature Signature
NOTE; THIS PART SHALL REMAIN IN ElE'FECT ONLY UNTIL JANUARY 1, 1992, AND AS OF
THAT DATE IS .REPEALED, UNLESS A LATER ENACTID STATUTE, WHICH IS
CHAPTERED ON OR BEFORE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE.
D3L13:61003.50 ~ -3- GG:lh
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESE~!l'rS , THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation,
hereinafter designated the "owner," has, on 19 ,
awarded to _ a
corporation organized and doing business underand by virtue of the laws of the
State of California, hereinafter designated as the"Principal," a contract
for the Traffic Signal System on Brimhall Road at Coffee Road ; and.
~~HEREAS, said Principal is required under the terms of said contract -
to furnish a bond for the faithful performance of said contract:
NOW., THEREFORE, WE, the principal, and
. as Surety, are held and f irrlly bound unto. the Owner. in
the sum of X100 o OF Ar~OUNT Ay~1ARDED AT COUtdCIL MEEThJG)
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mLntioned
Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to and abide by, and well and truly keep and
faithfully perform the covenants, conditions, and agreements in the said
contract and any alterations rude as therein provided, on his or their part, to be kept-and performed at the tine and in the manner therein specified, and in
all respects according to their true .intent. and meaning, anc~ shall indemnify .and
save harmless, .the Owner, its officers. and agents as therein stipulated, then
this obligation shall become null anc~ void; otherwise it shall be and remain in
full force and virtue and Principal and Surety, in the event suit is brought on
this bond, will pay to the owner such reasonable attorney's fees as .shall be -
fixed by the court.
As a condition precedent to the satisfactory completion of the said.
contract, the above obligation in the said amount shall hold good for a period
of one ~1) year after the completion and acceptance of the said work., during
which .time if the above mentioned Principal, his or its heirs, zxecutors,
administrators, successors, or assigns shall fail to make full, complete,. and
satisfactory repair and replacen~nts 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
obligat-ion 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. .
D3LH:61003.51 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 a part of the obligation secured hereby and in addition to the
amount specified therefor, there .shall be included costs and reasonable expensQs
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 ~dHEREOF, the above mentioned parties .have executed this
instrument under their seals this day of thz
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
. B
Y' (Seal) Signature for Principal Title
Surety
By• • Seal) Signature for Surety Title
Attach notarization form for each re~guired signature. )
Page 2 of 2
D3LH:~1003.52 GG:lh
MATERIAL - LABOR BOND
KN0~1 ALL MEN BY THESE PRESEI!1'I'S , THAT, WHERI~AS ; the CITY OF
~~tiERSFIELD, County of Kern, State of California, hereinafter designated the
"owner," has, on (DATE OF COUNCIL HEFTING) , awarded to
(NAME OF CONTRACTOR}
hereinafter designated as the "Principal," a contract for t'ne construction of
TRAFFIC S IC~NAL SYST~ 1 0~1 BRIt'~iALL ROAD A COFFEE ROAD
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 matQrials, provisions, or-other
supplies used in, upon, for, or about the performance of the work contracted to
be done, or for any work or labor done thereon of any kind, the Surety of this
bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDh1G COMPAidY) , as Surety, are held and firmly bound unto the Owner the penal sum of (50 o OF .Ai'~IOUNT AWARDED AT COUNCIL "MEETING) dollars
).lawful money of the United States, for the payment of which hum
well and truly to b~ made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by thzse
presents.
THE CONDITION OF .THIS OBLIGATION IS SUCH, that if said Principal, his
or .its heirs, executors,. administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, urn, for, or
about the performance of the work contracted to be done, or for any work or
labor thereon of any kind or for any amount due under the Unemployment Insurance
Code ..with respect to work or labor performed under the contract, or for any
amounts due, or to be withheld pursuant to sections 18806 of the Revenue and
Taxation Code of the State of. California with respect to such work or labor, as
required by the provisions of Chapter III, Division V, Title Hof the Government Code of the State of California, or with respect to any work or labor for which
a bond is required by the provisions of Sections 3247 through 3252 of the Civil
Code of the State of California, and provided that the persons, companies, or
corporations so furnishing said. materials, provisions, or other supplies,
appliances, or power use, in, upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor
upon same, or any person who supplies ,both wor!{ 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.
D3L~i:61003.53 1 GG:lh
This bond shall inure to the benefit of the Owners and any anc~ 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 aright of action to them or ' their assigns in any suit brought upon this bond.
,a 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 thia bond,
and it does hereby waive notice of any change, extension of time,, alteration, or
addition to .the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections~2819 and 2845 of the Civil
Code of the State of California.
IN WITNESS ti~HEREOF, the above bounded parties have executed this.
instrument under their seals this day of 19
the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to
authority of i is governing body.
Principal .
(Seal,}
Signature for Principal Title
Surety -
(Seal) ~ -
Signature for Surety Title
A l
D3L~3:61003.54 2 GC:lh
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