HomeMy WebLinkAbout1991 Special Provisions Project 71005COPY NO.
CITY OF ~RSFIELD
CALIFORNIA
NOTICE TO CO~~'TRACTORS
SPECIAL PROVISIONS
BID PRC}PI~SAL AND CO~~'TRACT .
FOR
RNIA AVENUE AT
TRAFFIC SIC~IAL -EAST CALIFO S(~'TH KING STREET
S~
r 6 1991 BID OPENING. ~ ~
TIME 11:00 .A. M.
5 N0. 7100
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No.32300
DEP QF PUBLIC W~~ZKS ~ 3!-~~
CITY OF aAK~FIELD EXP. ~
:1501 TRU~i'UN AVENUE ~dA~~ERSFIELD, CA 93301 S
l~ C1VI ~ `Tele 1805) 326-3724 q ~ 1F
OF CAI,
MDFn~~
3D:71005
CITY OF B~~KERSFIELD
DEPARTMENT OF PUBLIC WORKS .
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of
the Purchasin Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California,
g i 1 o ned and read until 11.00 o clock A.M. on December 6, 1991 to be publ c y pe
immediately thereafter, in the City Council Chambers for the following work:
TRAFFIC SIGNAL -EAST CALIFORNIA AVENUE AT
SOUTH KING STREET
Plans ands cifications, 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 rovided the Tans ands cif ications are returned to the Purchasing Officer p p ~
within twenty-one X21) 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 in~nediately 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 Cit of Bakersfield reserves the right to reject any or all bids. Bids Y
are required on the entire work described herein. • .
Substitution of securities for moneys retained to ensure .performance shall be
rmitted ursuant to the rovisions and requirements of Public Contracts Code 22300. pe p p
Eligible securities include interest bearing demand deposit accounts, standby letters
of credit, or an other security agreed to by the Contractor and the City of Y
Bakersfield. The request for substitution of securities to be deposited shall be
mitted on the form entitled "Escrow a reement for Security Deposits in Lieu of sub g Retention" included in,the back of these special provisions.
The. Contractor must ssess a valid Class A or a Class C-10 Contractor's ~ -
Lcense at the time this contract is awarded.
The work contemplated shall be done in accordance with the Standard
S cif ications of the Department of Transportation, Business and Transportation Agency, dated January, 1988, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720
et se the Contractor shall not pay less than the prevailing rate of~wages to q
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.
_1_ MDF/lh/wrn 3D.71005.1
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of~the installation of a
traffic si nal s stem and permanent count station on East California Avenue at 9 Y
South King Street.
CITY~OF BAKERSFIELD
EDGAR W. SCHULZ
Public Works Director
3D:71005.2 . -2- MDF/lh
CITY OF B~AKERSFIELD, CALIFORNIA .
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION l - DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance
with the Standard S cifications entitled "State of California, Department of
Trans rtation,. Standard Specifications, January 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to
as the Standard Specifications, and in accordance with the following special
provisions.
In case of conflict between the Standard Specifications and these
s vial 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,
"D~finitions and Terms," of the Standard Specifications shall apply, except
whenever the following terms or pronouns are used, the intent and meaning shall
be as follows
City - City of Bakersfield, California.
artment of Trans rtation, CALTIZANS -.The Engineering Department of Dep po
the City of Bakersfield.
Director - City Engineer.
' The Cit En ineer actin either directly or through properly Engineer y g ► g
authorized agents, such agents acting within the scope of the particular .duties entrusted to them.
Laborato - The desi nated laboratory authorized by the City to test rY g .
materials and work involved in the contract.
Standard S cifications - Standard Specifications of the Department of
Trans rtation, Business and Transportation Agency, dated January, 1988.
State - The City of Bakersfield.
Act - Cha ter 1 Division 2 of the Public Contract Code. State Contract p
The provisions of this act do not apply to this contract.
Other terms a arin in the Standard Specifications, the general p~ g rovisions, and the special provisions, shall have the intent and meaning
p s cif ied in Section 1, Definition of Terms of the Standard Specifications.
e
1
_3_ MDF/lh 3D.71005.3
SECTION 2. PROPOSAL REQUIRI~MENTS
-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of 2
Bakersfield, California, will receive at her off ice, City Hall, 1501 Truxtun
.Avenue, in said City, until 11:00 o'clock A.M. on December 6, 1991, sealed ~ .
proposals for
TRAFFIC SIGNAL - EAST CALIFORNIA AVENUE AT SOUTH KING STREET .
2-1.02 APPROXIMATE ESTIMATE. .The Engineer's estimate of the
antities of work to be done and materials to be furnished are approximate only,
bein given as a basis for the comparison of bids, and the City of Bakersf field g
does not expressly or by implication agree that the actual. amount of work will
correspond therewith, but reserves the right to increase or decrease the amount of an class or portion of the work or to omit portions of the work that may be
Y , deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PRaVISIONS, AND
SITE OF WORK. The bidder is required to examine carefully the site of work, the
ro sal, laps and specifications, and contract forms. It will be assumed that p p he conditions to be
the bidder has investigated, and is satlsf ied as to t
encountered, the character, quality,. and quantities of work to be .performed and erials~to be furnished, and as to the requirements of the specifications,. the mat
s cial rovisions, and the contract. It is mutually agreed that the submiss-ion ~ p
of a roposal shall be considered prima facie., evidence that the bidder has made p
such examination.
2-1.04 REJECTION OF PROPOSALS Ct~INING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids,
ures or irre larities of an kind. Proposals in which the prices obviously eras gu Y
are unbalanced may be rejected.
' i reserved to re'ect an and all proposals and waive any The right s ] Y
irregularity.
2-1.05 PROP(~►SAL FORM. All proposals must be made upon blank forms to
be obtafined from the Purchasing Officer, the form of-which appears herein
in~nediatel following these special provisions. All proposals must give the Y
rices ro sed, both in writing and figures, and must be signed by the bidder, p p ~
with his address. If the proposal is made, by an individual, his name, telephone
number and st office address must be shown. If made by a firm or partnership,
the name and post office address of each member of the firm or partnership must, be shown. If made by a corporation, the proposal must show the names of the
state under the-laws of which the corporation was chartered and the names,
titles, and business addresses of the president, secretary and treasurer.
2-1.06 BIDDER'S 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~) of the amount of
said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
3D:71005.4 -4- MDF/lh/wrn
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the.
bidder ro ses to subcontract portions of the work in the amount of, 1/2 of one p r is reater in accordance with the .
percent of his total bid or $10,000, whicheve g , Sublettin and Subcontracting Fair, Practices Act, commencing with Section 4100 of g
the Public Contract Code. The bidder's attention is invited to other ,provisions
' related to the i sition of penalties for a failure to observe its of said Act ~
rovisions by using unauthorized subcontractors or by making unauthorized p
substitutions.
A sheet for listin the Subcontractors, as required herein, is included g in the Proposal.
Bidders are cautioned that this listing requirement is in addition to
the re irement to provide a list of DBE Subcontractors after the opening: of the
proposals for projects utilizing Federal funds. -
2-1.08 OMISSIONS IN SRECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on
the drawin sand not mentioned in the specifications shall be of the same effect g
as if shown or mentioned in both.
fissions from the drawin s or the specifications of the materials or Om g
details of work which are manifestly or obviously necessary to carry out the
' nt of the drawin s ands cifications or which .are customarily furnished or ante g I~
rformed shall not relieve the Contractor of his responsibility for furnishing ~ ~ uch omitted work; but shall be furnished or such omitted materials or performing s
rformed as if fully shown or described in the drawings or specifications..
- WITHDR~~Vr~L OF PROPOSALS. Any bid may be withdrawn at any tune 2 1.09
rior to the time fixed in the public notice for the opening of bids by request P
for the withdrawal of the bid filed with the Purchasing Department. The request xecuted b the bidder or his duly authorized representative. The
shall be e y withdrawal of a bid does not prejudice .the right of the bidder to file a new bid.
Whether or not bids are o ned exactly at the time fixed in the public notice for
o nin .bids, a bid will not be received after that time, nor may any bid be pe g
withdrawn after the time fixed in the public notice for.the opening of bids.
G OF PROPOS~~hS• Pro sals will be opened and-read 2 1.10 ,PUBLIC OPENIN, ~
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 articular to the requirement therein, that if the bidder claims a p
mistake was made in his bid, the bidder shall give the Department written notice
' after the o nin of the .bids of the alleged mistake, specifying in within 5 days pe 9 the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985)
provides as follows:
sus nd fora riod of up to three years from Any state agency may pe ~
the date of conviction, any person from bidding upon, or being awarded, a ublic works or services contract with the agency under this part or
p from bein a subcontractor at any tier upon the contract, if that . g
3D:71005.5 -5- MDF/lh
rson, or any partner, member, officer, director, responsible managing ~ ~ has been convicted
officer, or responsible managing employee thereof,
b a court of competent jurisdiction of any charge of fraud, bribery, Y 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, artnership, corporation., or combination thereof under the p
same or different names will not be considered, Reasonable grounds for believing
that any individual, firm, partnership, corporation or combination thereof is
interested in more than one proposal for the work contemplated may cause the
re'ection of all proposals in which such individual, firm, partnership, corporation J or combination thereof is interested. If there is reason for believing that
~ collusion ex-fists anion the bidders any or all proposals may be rejected. g ,
Proposals in which the prices obviously are unbalanced may be rejected.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be
to~the lowest responsible bidder. The language "responsible" refers to not only
the attribute of trustworthiness, but also to the quality, fitness and capacity
of low bidder to satisfactorily perform the proposed work.
3-1.02 AW~~RD OF .CON'T'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'T'RACT BADS. The Contractor shall furnish two. good and
sufficient bonds insured by an admitted surety insurer as set forth in Title
XIV, Chapter 2, Article 6 of the California Code of Civil Procedures. One of the
said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (1000) of the
contract price. The other of the said bonds shall be in an amount of fifty percent (50~) of the contract price and shall guarantee payment to laborers,
mechanics and material workers employed on the job under the contract and shall
be in the amount and satisfy the requirements specified in Section 3248 of the
Californian Civil Code.
whenever an suret or sureties on-any~such bonds, or on any bonds Y Y
re iced b law for the protection of the claims of laborers and material men, ~ ~ Y ~ ~ hat such suret or become insufficient, or the City has cause to believe t Y
sureties have become insufficient, a demand in writing may be made of the
•71005.6 -6- MDF/lh 3D.
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 CON'T'RACT. 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 Cit until the execution of the contract. All contracts shall be considered as
Y being made and entered into in the City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided
herein within ten (10) days, not including Sundays, after .the bidder has
.received notice that the contract has been awarded, shall be just cause for the
cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the
award of the contract, the City of Bakersfield will return any monies or form
for deposit .of money that are riot to be considered in making the award. All.
..other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose
proposals they accompany.
SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 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 "Li idated Rama es," of the Standard Specifications, and is ~ g~ specifically hereby made a part of these special provisions.
The first ara ra h of Section 8-1.03, "Beginning of Work," of the p g p
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
Contractor begins work or the 15th calendar day from the date
of the written notice to proceed, whichever comes first.
The Contractor shall a to the City of Bakersfield the sum of~$ 200.00
pY per day for each and every calendar day's delay in finishing the work in excess
of the number of work ing ~ days prescribed above . .
Full c nsation 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.
D:71005.7 -7- MDF/lh 3
SECTION 5. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State
Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are
deleted. This contract is not governed by the provisions of the State Contract
Act. .The adoption and use of the Standard Specifications in the performance of~
the work called for in this contract shall not be construed as an election by the
City to proceed under Section 20396 of the Public Contract Code. In the event
that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written .
agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work
exceeding an amount of .$10,000 or which, together with all other previously
approved change orders for that contract exceeds twenty-five percent (25~) of the
original contract amount, must be authorized by the City Council.
5-1.03 COOL OF ARK. Control of work shall conform to the
provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard
Specifications is amended by adding the following paragraph after the fourth
.paragraph:
Working drawings or plans for any structure not .included in the plans
furnished by the Engineer shall be approved by the. Engineer before any
work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section 5-1.07 ".Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be
used in common, in order to detect any variation from a straight grade,
.and in case any such discrepancy exists, it must be reported to the
Engineer:. If such a discrepancy is not reported to the Engineer, the
Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the
Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify
the Engineerlof his requirements in writing a reasonable length of
time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered
a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended
by adding the following paragraph after the first paragraph:.
Whenever the Contractor varies the period during which work is.
carried on each day, he shall give due notice to the Engineer, so that roper inspection may be provided. Any work done in the absence of the
p Engineer will be subject to rejection.
3D:71005.8 -8- MDF/~.h
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of
Division 2 of the Labor Code (commencing with Section 1720}, Contractor .agrees that in rforming 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 wor ,
.and that Contractor shall keep an accurate record showing the name and actual
hours worked for all workers employed in said work, end 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 revailin rate for each craft, classification or type of work is determined p g
by the .Director of the California Department of Industrial Relations, and his
schedule of prevailing rates is on file and available for inspection in the
Public Works Department. The schedule is incorporated herein by this reference.
The Cit shall have the ri ht to inspect payroll records during normal working Y 9
hours and shall have the right to question workers at any time concerning the
wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions~of this contract.
Contractor shall forfeit to the City for each worker employed for each
calendar-day or portion thereof:
a. FIFTY DOLILARS ($50}.pursuant to Section. 1775 of the Labor Code,
per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOL]C,ARS ($25} pursuant to Section 1813 of the Labor
Code, per worker required to work. more than eight (8) hours per
da or more than forty (40} hours. per week, except as provided in Y
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
. to nt and Housing Act (Government Code Sections 12900 through 12996), to the Y~ ,
regulations promulgated by the Falr Employment and ,Housing Commission to
im lenient said Act, and to the nondiscrimination, affirmative action and equal p
employment opportunity requirements In the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article
7-l.OlA 5 "A rentices," of the Standard Specifications. All Contractors and ( ,pp ,
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
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 Tl1~R~•" This
3D:71005.9 -9- MDF/lh
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 Co~anittee providing for apprentices.
-One of the above shall be submitted by the low bidder to the City of
Bakersfield Purchasing Division, within two (2) working days following the bid
opening.
Y 5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project. includes an expenditure in
" excess of TWENTY-FIVE THOUSAND DOLI~~RS ($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 lan varies from the shoring system standards established by the
' p lan shall be Construction Safety Orders of the Division of Industrial Safety,. the p
repared by a Registered Civil or Structural Engineer. p
Nothin in this section shall be deemed to allow the use of a shoring,
g , sloping, or protective system less effective than that required by the
Construction Safety Orders of the Division of Industrial Safety.
Nothin in this section shall be construed to impose tort liability on g
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 Ct~1TROL REQUIRI~MENTS. Sound control shall conform to the
provisions in Section 7-1.O1I, "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
re irernent in no way relieves the Contractor from responsibility for complying
with local ordinances regulating noise level.
Said noise level re irement 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
3D:71005.10 -10- MDF/lh
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 overnmental organization which require such permits, licenses or fees. The
g Contractor shall procure a business license in the City of Bakersfield.
. 5-1.11 WORKING-HOURS. Contractor shall limit his field working hours
from 7:00 A.M. to 4:30 P.M. MONDAY THROUGH FRIDAY. Any deviations must be re-
ested in writing and directed to the Construction Engineer. Written approval
from the Construction Engineer is required prior to working beyond these limits.
An time work proceeds beyond the time limits or on holidays. or weekends, the Y Contractor will be charged for all associated overtime charges and said charges
may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully
informed of all existing. and future State and National. laws and all municipal
ordinances and regulations of the City of Bakersfield which in any manner affect
those en a ed ore to ed in the work, or the materials used in the work, or gg ~ Y 4 which in any way affect the conduct of the work, and of all such, orders and
decrees of bodies or~tribunals having any jurisdiction or authority over the
same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall .not commence work
under this contract until he has obtained all insurance required under this
section and the re fired certificates of insurance have been filed with and a roved.b the City Risk Manager and the Public Works Department, nor shall the
pP Y Contractor allow an Subcontractor to commence work on his subcontract until said Y
certificates of insurance have been f iled~ and approved by the City Risk Manager
.and the Public Works De artment. Contractor shall be responsible for any p
deductibles under all required insurance policies.
-1.13A MOLD HARMLESS. The Contractor shall save, hold harmless and 5 indemnify the City, its officers, agents, employees and. volunteers from
all claims, demands,. damages, judgments, costs or expenses in law or
e it~ that may at any time arise from or .related to any work performed ~ Y
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
re iced 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,
roperty damage and personal injury, with limits of not less than one
p• and million ($1,000,000). per occurrence,
_11_ MDF/lh
3D.71005.11
The automobile liability policies shall provide coverage for owned,
non-owned and hired autos.
General liabilit insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than one million
($1,000,000} per occurrence.
The liability policies shall provide contractual liability coverage for
the terms of this agreement.
The liability policies shall contain an additional insured endorsement
in favor of the City, its mayor, council, officers, agents, employees
and volunteers;
Workers' compensation with statutory limits and employer's liability
insurance with limits of not less than one million ($1,,000,0007 per
accident.
The workers' compensation policy shall contain a waiver of subrogation
endorsement in favor of the City, its mayor, council, officers, agents,
employees and volunteers.
All policies required of the Contractor hereunder shall be .primary.
.insurance as respects the .City, its mayor, council, officers, agents,
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 and shall not
contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (l0~ days written notice of cancellation or material change in policy language or
terms.
If any part .of the work under this agreement is sublet,,similar
insurance shall be provided by or on behalf of the subcontractors
to cover their operations.
The insurance required under this agreement shall be maintained
until all work required to be performed .under the terms of this
agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required. under this agreement shall be
included in the Contractor's bid, and no additional allowance will
be made for additional costs which may be required by extension of the insurance policies.
5-1.14 CON'CRACTiOR'S AUTHORITY. At the preconstruction meeting, the
Contractor shall provide the City with the .foreman's or superintendent's name~who
will be in charge of this project.
5-1.15 DAMAGE BY STORM, FIAOD, TIDAL WAVE OR EARTHQU~~KE. 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.
3D:71005.12 -12- MDF/lh
5-1.16 WORK IN CITY S'CREETS. All of the work shown on the plans and
included in these specifications that is located in the public streets in the City
of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and
requirements of the City Engineer and Superintendent of Streets of the City of
Bakersfield and shall conduct his operations in compliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be_provided by the City. The Contractor shall make his own arrangements,
and pay all expenses for additional area required by him outside of the limits of
right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the
City Council, the Contractor has violated any terms of this contract, failed to
supply an adequate working force, or material of proper quality, or has failed in
any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will
be served upon him, and should he neglect or refuse to provide means for a
satisfactory .compliance with the contract, as directed by the Engineer, within
the time specified in such notice, the City Council in any such case shall have
the power to suspend the operation of 'the contract. Upon receiving notice of
such suspension, the Contractor sha~.l 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 arisingtherefrom 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
carry out orders given, on 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
3D:71005.13 -13- MDF/Ih
} Pa nts," and 9-1.07, "Payment After Acceptance," of the Standard Specifications y~
and these special provisions.
y . No artial a nt will be made for any materials on hand which are p p y~
furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions,. and
re irements of Article 9-1.07B, "Final Payment and Claims," of the Standard
Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered
facts, nullify the whole or any part of any certificate for payment, to
such extent as maybe necessary to protect the City from loss due to
causes including but not limited to the following:
a. Defective work not remedied;
Claims filed or information reasonably indicating probable filing b
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.
Then an and all such causes are removed, certificates shall be issued Y
for amount withheld.
The fifth- ara ra h in Section 9-1.07B, "Final Payment and Claims," of p g p
the Standard Specifications is amended to read:.
The. Director wily make the final determination of any claims which
remain in dis ute after completion of claim review. Aboard or person p 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 rovisions of the contract. All prior partial estimates and p a nts shall be subject to correction in the final estimate and payment. The
p Y~ final a nt shall not be due and ayable until the expiration of thirty (30}
p ~ n p days from the date the NOTICE OF COMPLETION is recorded at the County,
Recorder's Office and after execution and return by the Contractor of the
attached GUARANTEE when applicable.
It is mutuall agreed between the parties to the contract that no Y certificate given or payments made under the contract except the final
certificate or final ayment, shall be conclusive evidence of the performance of p
the contract, either wholly. or in part, against any claim of the party of the
3D:71005.14 -14- MDF/lh
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 ~ f final amount .
due under the contract, and the adjustment and. payment for any work done in
accordance with any alterations of the same, shall release the City, the City
Council, and. the Engineer from any and all claims or liability on account of work
performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DEED Q1:IANTITIES. The word "compensation" in
the following paragraphs of the Standard Specifications is replaced with the
.words "unit price": ~ ,
Third ara ra h of Section 18-1.05, "PAYMENT". p g p
Third paragraph of Section 24-1.08, PAY~±~,NT .
Second paragraph of Section 36-1.07, "PAYMENT". Tenth paragraph of Section 3.9-8.02, "PAYMENT".
5-1.23 HAZ~~RDOUS MATERIALS. The Contractor shall be held
res nsible for his workers and subcontractor's well-being and their education of
handling hazardous materials when hazardous materials are encountered during .this
project.
SECTION 6. ~ Ct~~TROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform~to the provisions
in Section 6, "Control of Materials," of the Standard Specifications and these
special provisions. .
At the o tion of the Engineer, the source of supply of each of the p materials., shall be approved by the Engineer before delivery is started and
before such material is used in the work. Representative preliminary .samples of
the character and quality prescribed shall be submitted by the contractor or
producer of all materials to be used in the work, for testing or examination as
desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and
such special methods and tests as are prescribed in the specifications.
6-1.02 BORRaW, DISPOSAL AND MATERIAL SITES. The operation of any
borrow or dis sal 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.
U n co letion of the work, all such sites and haul roads shall be Po ~
graded and treated so that, at the time of final inspection. of the contract,
the will drain, will blend with surrounding terrain, and will have a potential Y
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
3D:71005.15 -15- MDF/lh
pollution control boards and such permits contain requirements which conflict
with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of
y ~ this section provided the permit requirements have been approved by the
Engineer.
. Full compensation for complying with the .requirements for borrow,
disposal and material sites in this section shall be considered as included in
the contract prices paid for the .items of work which require the use of the sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the
. Engineer may permit the use of certain materials or assemblies, prior to
sampling and testing, if accompanied by a Certificate of Compliance. .
SECTION 7. CONSTRUCTION DETAILS
SECTION ?-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions
in Section 5-1.05, "Order of Work,," of the Standard Specifications and these
special provisions.
All striping, removal shall be completed a minimum of 2 days prior
to signal being placed into operation. Pavement delineation shall be replaced
by temporary delineation before opening the traveled way to public traffic.
Temporary delineation shall consist of reflective traffic line .tape applied in
pieces not less than 4 inches long nor less than 4 inches wide spaced no more
than 10 feet apart ,on curve. nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's
instructions. Temporary delineation shall be the same color as the permanent
delineation. Full compensation for temporary delineation shall be considered as
included in the prices paid for the .contract items of work that obliterated the
existing. delineation and~no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and. covered with cardboard or other material with an observation
hole (max. l" dia.) in front of each signal indication. The covers shall remain
in place until all signal operations have been checked and signal is placed into
operation.
Prior to commencement of the traffic signal functional tests, all
items of work relatedto~~thesignal control shall be completed and a l signs
shall be in place.
7-1.02 ~ OBSTRUCTIONS. Attention is directed to Section 8-1.10,
. "Utility and Non-Highway Facilities," of the Standard Specifications, the plans,
and the special provisions.
The Contractor will be required to work around public utility facilities
. and other improvements thatare to remain~in place within the constructionarea or that are to be relocated and relocation operations have~not been completed.
In accordance with the provisions of Article 7-1.11,"Preservation of Property,"
and 7-1.12, "Responsibility for Damage,"` of the .Standard Specifications,, the
3D:71005.16 -16- MDF/lh
q Contractor will be liable to owners of such facilities and improvements for any
damage or interference with service resulting from conducting his operations. ,The exact location of underground facilities and improvements within the
construction area shall be ascertained by the Contractor before using equipment
that may damage such facilities or interfere with the services. Other forces
may be engaged in moving or removing utility facilities or other improvements or .
maintaining services or utilities. The Contractor shall cooperate with such
forces and conduct his operations in such a manner as to avoid any unnecessary
delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the
utility is shown or correctly located on the plans will not be compensated for
as idle time. However,. additional contract time comanensurate 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. a
Existing land subdivision monuments and stakes shall be fully protected
,from damage or displacement and they shall not be disturbed unless directed by
the Engineer.
Attention is directed to the fact that nuisance water may be present at
p all timesalong~the project. It will be the responsibility of,the Contractor to
provide for. handlingof said water and-any expense involved shall be considered
as included in the prices paid-for the various itemsof work and no additional
allowance will be made therefor.
Except in the case of extra work, full compensation for conforming to
the requirements of this article shall be considered as included in the prices paid for the various .items of work and no additional compensation will be made
therefor.
. 7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags. and other warning and. safety devices when
performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and other warning and safety devices and their use
shall conform to the requirements set forth in the current "Manual of Traffic
Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon
Highways," published by the State of California, Department of Transportation.
Application and use of devices shall be as specified and as directed by the
Engineer. n
The Contractor shall keep the Bakersfield Fire Department informed at
all times as to the exact location and progress of the work and shall notify
them in~nediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of. Section 7-1.08, "Public
Convenience," of the Standard Specifications, shall be amended to read as follows
. ~ Construction operations requiring lane closures shall be actively in
3D:71005.17 -17- MDF/lh
q
progress only between the hours indicated below, Monday through.Friday,
except. legal holidays.
Street Direction of Travel Hours
East California Eastbound ~ No Restriction
East California Westbound ~No Restriction
King Street Southbound No Restriction
South King Street Northbound No Restriction
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 two such lanes shall be open for use by public
traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the
side of the roadbed opposite to the one under construction. No additional
compensation will be allowed far any shaping of shoulders necessary for the
acco~nodation of public ~ traff is thereon during paving operations.
In order to expedite the passage of public traffic through or around
-.the work and where ordered by the Engineer, the Contractor shall, at ® his own expense, furnish,. install and maintain construction area
signs, lights, flares, temporary railing (T~~pe 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 traf f is 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,
~.nstalled and maintained by the Contractor at locations as directed by .
the Engineer at least 48 hours in advance of any construction.
7-1.04 EXISTING HIG~~Y FACILITIES. The work performed in
connection with various existing facilities shall conform to the provisions in
Section~l5, "Existing Highway Facilities," of the Standard Specifications and these special provisions.
~Existi.ng City highway signs and street markers shall remain the
property of the City. Such signs and street markers shall be relocated and
maintained during construction so as to convey- the same intent that existed
prior to construction.
Existing City highway signs and street markers shall be placed in
their permanent position by the Contractor's forces prior to completion of
construction. Signs removed from the project area shall be delivered to the
City Corporation Yard at 4101 Truxtun Avenue.
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 will be made therefor.
1
3D:71005.18 -18- MDF/lh
7-1.05 REMOVE CONCIEZEETE. Removing concrete shall conform to the
provisions in Sections~l5, "Existing Highway Facilities," 16, Clearing and
Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-Made Objects," of
the Standard Specifications and these ,special provisions.
Concrete removed shall be disposed of in accordance with the provisions
in Section 7-1.13, "Disposal of Material Outside, the Highway Right of Way," of
the Standard Specifications.
N~~ASURI~MENT AND PAYMENT. Payment for removal of concrete for installa-
tion of wheelchair ramps shall be included in the unit price per square foot of wheelchair ramp and no additional compensation will be allowed therefore.
3D:71005.18A -18A-~ MDF/lh
n 7-1.06 R~~MO`lE TRAFFIC STRIPES AND PAVIEMENT N~~RKINGS. Traffic
stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest
extent possible from the pavement by any method that does not materially damage
the surf ace 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 depositedy
on the pavement as a result of removing traffic stripes and markings shall be
removed as the work progresses. Accumulations of sand or other material which
might interfere with drainage or might constitute a hazard to traffic will ,not
be permitted.
Traffic stripes shall be removed before any change is made in the
traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out
to irregular and varying widths. Pavement markings shall be removed by blast
cleaning a rectangular area, rather than just lettering or markings, so the old
message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal. coat shall be applied in conformance with the provisions in Section 37,
"Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied
. over the .traffic stripe removal area and to irregular and varying widths with an
average width of 2 feet on each ..side of the blast cleaned traf f is stripe removal
area.
. In pavement marking removal areas, the fog seal coat shall be applied
to the blast cleaned rectangular area.
. In areas of removal where excessive gouging has occurred, as
determined by the Engineer, the gouged pavement shall be repaired utilizing a
sheet asphalt patch as directed by the Engineer.
Full compensation for furnishing and applying fog seal coat~as speci-
fied herein shall be considered as included in the contract price paid per
square foot for removal of traffic stripe and pavement marking and no separate
payment will be made therefor.
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..
M1E~~SUREMENT AND PAYMENT. .Quantities of traffic stripe removed w i 11
be determined by the width of the stripe plus 0.67-foot multiplied by the length
of the stripe. The space between double traffic stripes will be measured as
painted traffic stripe. Quantities of pavement markings removed will be
determined by the actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price
per square foot for the .actual area of authorized stripe removal.
3D:71005.19 ~ -19- MDF/lh
The contract unit price per square foot as remove traffic striping and
marking shall include full compensation for furnishing all labor, materials., tools, equipment, .signs and for doing all work necessary for removing existing
striping as shown on plan and as directed by the Engineer. .
7-1.07 OVERHEAD SIGNS. Overhead signs shall conform to the,
applicable provisions in Section 56, "Signs," of the Standard Specifications
and these special provisions..
Mast-arm hangers for street name signs will be furnished
and installed by the City.
Street name signs will be furnished and installed by City of
Bakersfield using mast-arm hanger methods such as Hawkins
M10J 5erie s swinging sign bracket, with return spring
removed, or acceptable equal.
Overhead signs installed. on signal poles, mast-arms or on
flashing beacon mast-arm shall be furnished and installed by
. the Contractor in accordance with the plans and these
special provisions. Compensation for overhead signs shall
be considered included in the respective contract lump sum
price~or prices for signal, flashing beacon, or combination
thereof .
7-1.08 MISCELhANEOUS CONC]~ETE CONSTRUCTION. Portland Cement concrete
curbs, sidewalks., wheelchair ramps, cross drains, drive approaches, driveways .and
miscellaneous construction shall conform to the provisions in Section 73, "Con-
e.. Crete Curbs. and Sidewalk," of the Standard Specifications and these special pro-
vislons.
M1~ASUREMENT AND PAYMENT.
Quantities of minor concrete (wheelchair ramp) shall be n~asured and
paid far at the contract price per square foot of minor concrete (sidewalk).
SECTION 7 CONSTRUCTION DETAILS
. SECTION 7-2 TRAFFIC SIGd~1ALS, LIGHTING, SIGNING,
AND STRIPING
SECTION 7-2 TRAFFIC SIGdvALS 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.
3D:71005.20 -20- NIDF/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
s 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 jackingfdrilling 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. J
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 surf ace 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.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to~
the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring,"
of the Standard Specifications and these special provisions.
CONDUCTORS - The Contractor shall .use multi-conductor.
electrical cables for all circuits except between the service switch and
controller cabinet.
3D:71005.21 -21- MDF/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 leach red, yellow, brown, black,
red/black stripe yellow/black stripe, brown/black stripe and
white/black stripe.
28~Conductor cable consisting of 1 No. 10 conductor colored white and
27 No. 14 conductors colored as indicated in the following conductor
table for a single ring operation.
CONDUCTOR TABLE
Insulation Colors
. Signal Phase
Circuit or Function Base Stripe
2 & 6~ Red, Yellow, Brown Black
Vehicle. 4 & 8 Red, Yellow, Brown Orange
Signals 1 & 5 ~ Red, Yellow, Brown Silver 3 & 7 Red, Yellow, Brown Purple
2p & 6p Red, Brown 2 Black
Pedestrian ~ 4p & 8p ; Red, Brown 2 Orange
Signals lp & 5p Red, Brown 2 Silver
3p & 7p Red, Brown 2 Purple
2p & 6p Blue Black
Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p Blue ~ Silver
3p & 7p Blue Purple
. Pedestrian
Push Buttons white Black
Cor~non Signal white None _
Railroad Pre-emption Black Red
- - Spare Black None
_ -
. The cable sheath shall be polyethylene and the conductor insulation shall
be Type T~~iWN 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
3D:71005.22 -22- MDF/Ih
branch circuit breakers:
No. s 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 Specificat-ions and the following paragraph:
Functional test period is included in the number of working days to
complete the project as described in SECTION 4, "BEGINNING OF WORK,
TIME OF COMPLETION AND LIQUII~TED IaAMAGES" of these special provisions.
7-2.07 SIC~IAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall
conform to the provisions iri Section 86-4.01, "Vehicle Signal Faces," 86-4.02,
"Directional Louvers.," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting
Assemb,lies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be
structural plastic.
All lamps for traffic signal units shall~be furnished by the
Contractor.
All signal faces .shall be provided with 12-inch .sections.
The third sentence of the first paragraph of Section 86-4.06,."Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as
follows:
Slip-fitters and terminal compartments shall be-cast
bronze or hot-dip galvanized ductile iron.
7-2.08 PEDESTRIAN SIGdvALS. Pedestrian signals shall conform to the
provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard 5pecif ications and these special provisions.
3D:71005.23 ~ -23- MDF/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 Ct~~TROIS. Photoelectric controls shall conform
to the. provisions in Section 86-6.07, "Photoelectric Controls", of the Standard
Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectrical
control.
7-2.11 0(~NTROLILERS, CABII~~TS ANDAUXILIARY EQUIPMENT. The City will
furnish the controller and cabinet assembly for each location. The central pad on
the Foundation Detail in State Standard Plan ES-4B shall be increased from a height
of 3.5" to a he fight of 12" .
7-2.12 DETECTORS. Detectors shall conform to the provisions in
Section 86-5, "Detectors," of the Standard Specifications and these special
rovisions. Location and layout of detector loops shall be as directed by the p Engineer. ~ ~ .
INSTALLATION DETAILS: Installation and tests shall conform
y to the details and notes shown on the plans.
Slots cut in the avern~nt shall be blown out and dried before installing. p
inductive. loop detectors.
After conductors are installed in slots cut in the pavement, the slots
shall be filled with epoxy sealant conforming to the requirements in Section
95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 ,inch of the paven~nt
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
surf aces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be .filled with
either of the following materials: .
1. An elastomeric sealant conforming to the. following.:
The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only .in the presence of moisture. Sealant.
shall. be suitable for use in both asphalt concrete and Portland cement concrete.
The cured sealant shall have the following performance
characteristics:
Measuring Standard
Pro rt and Results And Conditions ~ Y . _ .
Hardness (indentation) - 65-85 ASTM D 2240 Res. Type A, Model 1700
77° F. X25° C.) 50~ relative humidity.
3D:?1005.24 -24- MDF/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.
t
Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2"
Mandrel.
Weathering Resistance -,Slight ~ ASTM D 822 Weatherometer 350 Hrs.
Chalking Cured 7 days at 77° F. (25° C.) 50% relative humidity..
.Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.)
minimum Tensile; 400%, minimum 5% NaCl, Die C, pulled at 20 IPM.
elongation
3D:71005.23 -23- MDF/lh
Dielectric Constant - Less than ASTM D 150. .
25% change over a temperature
. range of -30° C. to 50° C.
2.~ Asphaltic Emulsion Inductive Loop Sealant shall conform to State of
California Specification 80.40-41A-15. .
Loo conductors shall be .,installed without splices and shall terminate in p
the nearest pull box. The loops shall be joined in the pull box in combination of
series and parallel so that optimum sensitivity is obtained at the sensor unit.
Final s lices between loops and lead-in cable shall not be made until .the operation p .
of the loops under actual traffic conditions ls.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 loo conductors for traffic counters shall terminate in a pull box or p
terminal strip In the traffic count station cabinet when such a cabinet is installed.
Conductors for inductive loop traffic. signal and traffic counting
. installations shall be identified and banded, in pairs, by lane, in the pull box
adjacent to the loo sand near the termination of the conductors in the controller ~ p
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
3D:71005.25 -25- MDF/lh
flush to the surface. Detector loops in concrete pads shall be sealed with epoxy
sealant.
Loop detector lead-in cables shall conform to the provisions in Section
86-S.OlA (4}, "Construction Materials," of the ,Standard Specifications and these
v ~ special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the
following:
1. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to
the conductor.
2. Loo .wires in the pull box shall be twisted at a minimum p
rate of 5 turns per foot, and the splice must be soldered.
and completely waterproof . Connect one end of the shield
to earth ground (at cabinet} and insulate the other end with no possible. path to earth ground.
7-2.13. PER~~IANENT C~xJNT STATION. Contractor shall furnish and install
the permanent count station as shown on the plans. Cabinet shall be T~~rpe 336
(shell-only} and shall be mounted on the P.C.C. base as detailed on the plan. Dz-
Lectors shall be A conforming to the size as shown on the plans and speci-
fled In Section 7-1.12 of these special provisions. Detector loop lead ins shall
conform to Section 7-2.12 of these special provisions and shall be housed in a separate 1.1/2".rigid metal conduit as shown on the plans.
m
MEASUREMENT AND PAY!!~ENT. Detectors, .lead-ins, terminal strip, cabinet,
base du lex rece tacle, conduit and other items as needed shall be paid for in p p
the lump sum item for permanent count station.
7-2.14 GUA]~ANTEE. The Contractor shall furnish a written guarantee to the Cit on the form attached, aranteeing all systems, except traffic signal
~ ~ ~ ~ e of lamps, installed under this contract for a period of one (1} year from the dat
acce tance of the work. The guarantee, properly executed, shall be filed .with the p
City before notice of completion and final acceptance is made by the .City of thee.
work described on the plans and these special provisions.
7-2.15 PAYIKENT. Payment for signals and lighting shall conform to the rovisions in Section 86-8, "Payment", of the Standard Specifications and
p these special provisions.
F 11 c nsation for cast-in--drilled hole concrete pile foundations u ompe
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.
3D:71005.25A ~ -25A- MDF/lh
STATE OF CALIFORNIA.
Specification .
Asphaltic ~lsion 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-X~~X-99 Inspection, Testing and
Other Requirements for Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations
Board, Ref. 49CFR.
3.0 RE~vIREME~rrs
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 aone-component product to meet the properties specified herein.
3.2 ~Charac.teristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimoum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
3D:71005.26 -1- MDF/lh
As haltic Emulsion Inductive Loop Sealant ~ 8040-41A-15 p
'3.2.3 Firm set time, hours, ~ 4 maximum
. test at one hour intervals, use ASTM D2939
3.2.4 .Brookfield viscosity, Poise 50 to i25 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 Elon ation, ~ 2.0 minimum g
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimoum,
Use California Test Method No. 434, Part VIII. Space with no loss
dam blocks with 0.25 inches between slant faces, seal of adhesion to .p skies and bottom with tape and fill with the well stirred .concrete
sample, strike off the excess. Dry in 140°F oven to
,constant weight and condition 1 day at 75 ± 2°F before .
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance~to water No blistering,
Use ASTM D2939, Alternative B ~ re-emQalsification 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 roduct of the roper consistency. If the material P p
cannot be easily redispersed due to excessive settlement as described
above or due to an other cause, the sealant shall 'be considered unfit Y
for use.
3D:71005.27 ~ ~-27-~ MDF/lh
rs
Asphaltic Emulsion Inductive Loop Sealant 8.040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage
conditions for 12 months after acceptance and delivery. The vendor
shall be responsible for all costs and transportation charges incurred
in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain
satisfactory for 12 months from date of acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and
regulations within the State of California in effect at the time the ,
sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
~4.1 Inspection
This material shall be inspected and tested in accordance with State of
California Specification 8010-X~~X-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be
sampled at the place of manufacture and application will not be
permitted until the, material has been approved by the Engineer.
M
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package .system ready for
application. The material shall be furnished in container size as
. specified in the purchase order or contract. If ordered in 5 gallon
size the containers shall be new, round standard full open head with
bails, shall be nonreactive with the contents, and shall have
compatible gaskets. The containers shall comply with the U.S. .Department of Transportation or the Interstate Commerce Commission
regulations, as applicable..
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.
3D:71005.28 -28- ~ MDF/lh
phaltic Emouulsion Inductive Loop Sealant 8040-41A-15
c ~
6.0 LTV 115
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 \
batch of sealant, in accordance with the provision of Section 6-1.07 of
California-Department of Transportation Standard Specifications,
January 1988.
3D:71005.29 -29- MDF/lh
PROPOSAL
FOR
~FIC SIG~JAL -EAST CALIFORNIA AT
SOUTH KING STREET .
` To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties
interested in this proposal as principals are those named herein; that this pro-
posal is made without collusion with any other person, firm or corporation; that
he has carefully examined the location of the proposed work, the annexed pro-
posed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of
Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and other means of construction and to do
all the work and furnish all the materials in accordance with the plans and spe-
cif ications for the above, filed in the off ice of the Finance Director of the
City of Bakersfield and as specified in the contract, in the manner and time
therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the f ollawing schedule
The undersigned further agrees that in case of default in executing
the required contract, with necessary bonds, within ten X10) 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 E~T'ENSION N0. QIiJANTIT~' ME~~.SURE (in figures) PRICE
(in fi res)
1 IBS Traffic Signal System
2 285 SQFT wheelchair Ramps ~3)
SIGNED
Bidder
J Page 1 of 2
3D:71005.30 MDF/lh
TRAFFIC SIGNAL -EAST CALIFORNIA AVENUE AT SOUTH KING STREET
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE E~I'ENSION
N0. Q1J~~NTITY M1~ASURE (in figures) PRICE
U (in fi res)
3 280 SQFT Stripe Removal
4 LS Permanent Count Sta-
tion
TOTAL
SIGNED
Bidder Company
P. O. Box
Street
City State Zip Code
( ) Area Code Telephone Number
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PITY OF PERNRY.
Page 2 of 2
3D:11005.31 MDF/lh
The Extension Price has been calculated by multiplying the Estimated
Quantity by the Unit Price. In the case of lump sum items, the Estimated
Quantity shall be unity. The Bid Total is the sum of all Extension Prices.
Bidder agrees that in case of any discrepancy between the Unit Price{s) and the
a respective Extension Price(s) and/or the Bid Total, the. Unit Price{s) shall
prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth .
as a Unit Price is unintelligible or omitted, then the amount set forth in the
Extension Price column for the item shall be used to determine the correct Unit
Price in accordance with the following:
{1) As to lump sum items, the amount set forth in the Extension Price
column shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price
. column shall be divided by the estimated quantity for the item and the
price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete
the following form, setting forth the name .and the location of the mill., shop
or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or
improvement in excess of one-half of one (1$) percent of prime Contractor's
total bid, or TEN THOUSAND DOLLARS ($10,000, whichever is greater, and the
.portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal.
Subcontractor's Nave Description of portion
.and Street Address (City, State, Zip) of work subcontracted
1 .r.--- 1
(attach additional sheets if needed)
3D:71005.32 -32- MDF/lh
a.
[This form shall be canpleted by all Bidders and submitted with the 'Bid]
TRAFFIC SIC~3AL - EAST CALIFORNIA AVENUE AT
S~~JTH KING STREET .
NONCOLLUSION AFFIDAVIT TO BE EXEC(JTED BY BIDDER AND
SUBMITTED WITH BID
State of California )
ss:
County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title Company
the party making the foregoing bid that the. bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;
that the bidder. has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put
T in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid .price of the bidder or any other bidder, µ or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against, the public body awarding
the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly
or indirectly, submitted his or her bid price. or any breakdown thereof., or the
contents .thereof, or divulged information or data relative thereto, or paid, and
will not pay, any~fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or~sham bid."
. Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of , 19
3D:71005.33 -33- MDF/lh
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified.
check," or "bidder's bond," as the case may be}, in amount equal to at least ten
tj percent of the total of the bid. ~ ,
The names of all persons interested in the foregoing proposal as principals .
are as follows
IMPORTANT NOTICE If bidder or their interested person is a corporation, state
legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof ; if a
copartnership, state true name of firm, also names of all ,individual copartners
c sing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIC~1
HERE
Signature of Bidder
N(JTE--If bidder is a corporation, the .legal name of the corporation
shall beset forth above together with the signature of the officer or
. officers authorized to sign contracts on behalf of the corporation; if
bidder is a copartnership, the true. n~ 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 si ature is b an .agent, other t~~an an officer of a corporation or a
~ y with member of a partnership, a Pacer of Attorney must be on file
the Cit Clerk of the City of Bakersfield prior to opening bids or Y
su~nitt~ed with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Dated 19.....
3D:71005.34 -34- NIDF/lh
BIDDER'S BOND TO ACCOMPANY PROPQSAL (Not necessary if cash or certified check is with bid)
I~1C~W ALL MEN BY THESE PRESENTS:
That we
as principal, and
as surety,
are held and firmly bound unto the City of Bakersffield, a body politic and
corporate of the State of California, in the sum of
dollars
to be paid to said City., for which payn~nts, well and truly to be made; we bind
ourselves, our heirs, executors and ac~ninistrators, 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 N
in the City of Bakersfield as referred to in the NOTICE TO
C;ONTRAC'PORS attached hereto, is accepted by the Council of said City and if the.
above bounden principal, heirs, executors, ac~ninistrators, successors and
assigns, shall duly enter into and execute a contract, to construct said
improvements aforementioned, and shall execute and deliver the two bonds
required by law, within ten days (not including Sunday) from the date of a notice
to the above bounden principal, that said contract is ready for execution, then
this obligation shall become null and void, otherwise it shall be and remain in
full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 19
(Seal)
(Seal)
(Seal )
3D:71005.35 Page 1 of 2 MDF/lh
STATE OF CALIFORNIA )
ss. .
COt1NTY OF
On this day of 19......, 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 be the person whose name is subscribed to the within instrument as
the Attorney In Fact of
and acknowledged to me that he subscribed the name of
..........................................thereto as surety, and his own
name as Attorney in Fact.
IN WITNESS 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
3D:11005.36 Page 2 of 2 MDF/lh
GUARANTEE
TRAFFIC SIC~JAL EQUIPMENT .
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. , for:
TRAFFIC SIGNAL - EAST CALIFORNIA AVENUE AT SOUTH KING STREET ,
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 prove
defective, 'due to faulty workmanship, rnate~ial furnished, or method of installa-
tion, or should said system or any part thereof fait to operate properly, as planned,. due to any of the above causes, all within (1) year after date on which .
said contract is accepted 'oy 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 repaiz said systems canpletely without cost to the City, so that they will
operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replace-
ments itself or to have such replacements or repairs done. by the undersigned.
Prior to such replacement or repair work being done by the City, the undersigned
shall have the option to make any .needed repairs or replacements. In the event
the City elects to have said work performed by the undersigned, the undersigned
agrees .that the. repairs shall commence to be made and such materials as are nec-
essary shall co~r~nence to be furnished and installed within Twenty-Four (24) hours of the date specified in the City's written notification. Contractor
shall prosecute with due diligence to complete the .work within a reasonable
period of time, as specified in the City's written notification. e
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
3D:71005.37 -37- MDF/lh
GUARANTEE
MATERIAL AND WORIK~~ANSHIP
CITY OF B~~KERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
~Bakersf field, CA 93301
In accordance with the terms of the Contract .for:
TRAFFIC SIC~JAL - EAST CALIFORNIA AVENUE AT SOUTH KING STREET, ,
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
s<~rne to be free from imperfect workmanship and/or materials, and we
agree to repair and/or replace at our own cost and expense, any and
all such work, and/or materials which may prove defective in
workmanship or materials within a period. of one (l~ year from the date
of acceptance of the above .named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace,
at our own cost .and expense, any work and/or materials that we may
disturb or displace in making good such defects.
- Within twenty-four (24~} ,hours after being notified . in
writing by the City or the City's representative, or the agent of
either of them, of any. defects in said work or materials, we agree to conmence~and prosecute with due diligence, all work necessary to
fulfill the terms of this guarantee and to complete the work within a
reasonable period of time; and in the event of our failure to so
c~nply, we collectively and expressly do hereby authorize the City
and/or the City's representative, or the agent of either of them, to
proceed to have such work done at our expense and we will honor and
. pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both
the City of the above mentioned construction project and the City's
representative, .and shall be enforceable by either of them.
DATED Contractor's Name
Authorized Signature
3D:71005.38 -38- NiDF/lh
HOLD H~~RMLESS AGREEMENT
CITY OF B~~KERSFIELD
0
IT IS HEREBY AGREED that ,agrees to
indemnify and hold harmless the City of Bakersfield, its agents, employees or any
other rsons against loss or expense including attorneys fees, by reason of the.
liability imposed by law upon the City, except incases of the City's sole.
negligence, for damage because of bodily injury, including death at any tines
resulting therefrom, sustained by any. person or persons, or on account of damage
to property arising out of or in consequence of
(agreement name)
IT IS FU]~THER UNDERSTOOD AND AGREED that the Contractor shall (at the
o tion of the City), defend the City of Bakersfield with appropriate counsel and
p w
shall further bear all costs and expenses, including the expense~of counsel, in
_ the defense of any suit arising hereunto.
DATED .
Contractor's Name
Authorized Signature
~3D:71005.39 -39- . ~ MDF/lh
d
SAMPLESAMPLE
CONTRACT N0.
TRAFFIC SIGNAL -EAST CALIFORNIA AVENUE AT
SOUTH KING STREET -CITY OF BAKERSFIELD
THIS AGREEMENT, made and entered into on ► by
and between the CITY OF B~~SFIELD, a municipal corporation, hereinafter called
"City," and ,hereinafter called "Contractor";
WITNESSETH:
WHERI~AS, City has duly advertised for sealed proposals for
TRAFFIC SIGNAL -EAST CALIFORNIA AVENUE AT SOUTH KING STREET
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.
NC~T THEREFORE, it is mutually agreed by and between the parties hereto
as follows: .
ARTICLE I
Contractor a rees to furnish supplies, equipment, labor and materials g for ~
within the City of Bakersf field.
ARTICLE II
The followin shall be deemed to be part of this contract as ,if fully g
` set forth herein:
1. Notice to Contractors
2. Special Provisions.
3.. Bid Proposal
~4. Bidder's Bond
5. Performance Bond '
6. Material and Labor Bond 7. Letters of transmittal, if any `
8. All provisions required by law to be inserted in this
contract whether actually inserted or not.
9. Hold Harmless Agreement
10. .Current PW1 (if required by Specifications)
3D:71005.40 -1- MDF/lh
IN WITNESS WHEREOF, the parties. hereto have caused this Agreement to~be executed, the day and year first-above written. ~
"CITY" "CONTRAC'T'OR"
CITY OF B~~KERSFIELD
By By
CLARENCE E. MEDDERS, Mayor
APPROVED AS TO FORM:.
By
City Attorney
APFR(JVED AS TO CO~~TENT:
r ~ .
By
Publis Works Director
COIUNTERSIGNED:
By
Finance Director
3D:71005.41 ~ -2- ~ ~ ~ MDF/lh
[To be completed by the Contractor, if he elects to substitute securities in lieu
of retention] .
ESCRCJ~1 AGREEMENT
FOR
SECURITY DI~OSITS IN LIEU OF Rl~'ENTION
THIS ESCRCJW 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: rd
1. Pursuant to Section 22200 of the Public Contract Code of the State
ry of California, Contractor has the option to deposit securities with Escrow Agent
as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred to
as the "Contract"). 'When Contractor deposits the securities as a substitute for
Contract earnings, the~Escrow Agent shall notify the Owner within ten (10) days of the- deposit. The. market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be
wit~lhe~ld as retention under the terms of the Contract between the Owner and
Contractor. Securities shall beheld in the name of
and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the
.Contract provisions, provided that the Escrow Agent hold securities ~n the form
and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow
Agent in the amount of retention for the benefit of the Owner until such time as.
the escrow created hereunder is terminated. .
3D:71005.42 -1- ~ MDF/lh
4. Contractor shall be responsible for paying all fees for the
expenses incurred by Escrow Agent in administering the escrow account. These
expenses and payment terms shall be determined by the Contractor and.Escrow . Agent.
5. The interest earned on the securities or the money market accounts
held in escrow and all interest earned on that interest. shall be for the sole
account of Contractor and shall be subject to withdrawal by Contractor at any
time and from time to time without notice to the owner.
6. Contractor shall have the right to withdraw all or any part of the
principal in the Escrow Account only by written notice to Escrow Agent
accompanied by written authorization from owner to the Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have aright to draw upon the securities in the
event of default by the Contractor. Upon seven (7~ days' written notice~to the Escrow Agent from the Owner of the ~ default, the Escrow- Agent shall in~ediately
convert the securities to cash and shall distribute the cash as instructed by the
Owner.
8. Upon receipt of written notification from the Owner certifying
that the Contract is final and complete, and that the Contractor has complied
with all requirements and procedures applicable to the Contract, Escrow Agent
shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately.
upon disbursement of all moneys and securities on deposit and payments of fees
and charges.
ro 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 and ,interest as set
forth above.
10. The names of the persons who are authorized to give written notice
or receive written notice on behalf of the Owner and on behalf of Contractor in
connection with the foregoing, and exemplars of their respective signatures, are
as follows : `
On behalf of Owner: On behalf of Contractor:
Title ~ Title
Name Name
Signature Signature
Address ~ Address
3D:71005.43 -2- MDF/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 WITLESS '~IEREOF, the parties have .executed this Agre~ernent by their
proper officers on the date first set -forth above .
..Owner Contractor
Title ~ Title
Name Name
Signature Signature
NOTE: THIS PART SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1, 1992, AND AS OF .._o__.
THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS
C~:~AP'TERED ON OR BEFORE JANUARY 1, 199 2 , DELETES OR E~~TENDS THAT IaATE .
3D:71005.44 -3- MDF/lh
FAITHFUL PERFOR~~IANCE BOND
KNaw ALL MEN BY THESE PRESENTS, 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 under and by virtue of the laws of the
State of California, hereinafter designated as the "Principal," a contract .
for the ~ and
WHEREAS, said Principal is required under the terms of said contract
to furnish a bond for the faithful performance , of said contract:
N~1, THEREFORE, WE, .the Principal, and
as Surety, are held and firmly bound unto the Owner in
the sum of (100 OF AMOUNT AWARDED AT COUNCIL MEETING)
lawful money of .the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CtJNDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned
Principal, .his or its heirs, executors, administrators, successors, or assigns,
shall in-all things stand to and abide by, and well and truly keep and
faithfully perform the covenants, conditions, and agreements in the said
contract and any alterations made as therein provided, on his or their_ part, to
be kept and perf ormed at the time and i n tiZe :-panne r. therein specified, and in
all respects according to their true intent and meaning, and shall indemnify and save harmless, the owner., its officers and agents as therein stipulated, then
this. obligation shall become null and void; otherwise it shall be and remain in
full force and virtue and Principal and Surety, in the event suit is brought on
this bond, will pay to the Owner such reasonable attorney's fees as~shall be
fixed by the court.
As a condition precedent to the satis.f~~ctory completion of the said contract, the above obligation in the said amount shall hold good for a'period
of one ~1) year after the completion and acceptance of the said work, during
which -time if the above mentioned Principal, his or its heirs, executors;
administrators, successors, or assigns shall fail to make full, complete, and
satisfactory repair and replacements or totally protect the said Owner from loss
of damage made evident during said period of one year from the date of
acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above
obligation in the said amount shall remain in full force and effect. However,
anything in this paragraph to the contrary notwithstanding, the obligation of .
the Surety hereunder shall continue, so long as any obligation of~the Principal
remains.
3D:71005.45 Page l of 2 MDF/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.
Asa part of the obligation secured hereby and in addition to the
amount specified therefor, there shall be included costs and reasonable expenses
and fees, including reasonable attorney's fees, incurred by the Owner in
successfully enforcing such obligation, all to be taxed as costs and included in
any judgement rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this iristru~nt under .their seals this ~ day of , the
name and corporate seal of each corporate party being hereto affixed and these
presents. duly signed by its undersigned representative, pursuant to authority, of
its governing ,body. .
Principal
By:
(Seal) Signature for Principal. Title
Surety
By~
(Seal.} ~ Signature for Surety Title
(Attach notarization farm for each required signature.)
Page 2 of 2 .
3D:71005.~46 MDF/lh
MATERIAL -.LABOR BOND
KNCJ~1 ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the. CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
"Owner;" has, on awarded to-
hereinafter designated as the "Principal," a contract for the construction of
TRAFFIC SIGNAL - EAST CALIFORNIA AVENUE AT SOUTH KING STREET
WHERI~AS, said Principal is required to furnish a bond in connection
and with said contract, providing that if said Principal, or any of his or 'its.
subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the work contracted to
be done, or for any work or labor done thereon of any kind, the Surety of this
bond will pay the same to the extent. hereinafter set forth:
` ~ NC~i, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
. BIDING COMPANY) , as Surety, are held and firmly bound unto the
,:owner the penal sum of (50~ OF AMOUNT AWARDED AT COUNCIL MEETING) dollars
) lawful money of the United States, for the .payment of which sum.
well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his
or its heirs, executors, administrators, successors, or assigns, shall fail to
pay for any materials, provisions, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or
. labor thereon of .any kind or for any amount due under the, Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any. . amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and
Taxation Code of the State of California with respect to such work or labor, as
required by the provisions of Chapter III, Division V, Title I of the Government
Code of the State of California, or with respect to any work~or labor for which
a bond is .required by the provisions of Sections 3247 through 3252 of the Civil
'Code of the State of California, and provided. that the persons, companies, or
corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor_
upon same, or any person who supplies both work and materials, thereto, shall
.have complied with the provisions of said Civil Code, then said Surety. will pay
the same in or to an amount not exceeding the amount hereinabove set forth, and
also will pay in case suit brought upon this bond, such reasonable attorney's
fees to the Owner as shall be fixed by the court.
3D:71005.47 1 MDF/lh
This bond shall inure to the benefit of the O~mers and any and all
persons, companies, and corporations and their respective assigns, entitled to
file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give aright of action to them or
their assigns in any suit brought upon this bond.
And the said Surety; for value received, hereby stipulates and agrees
that no change, extension of time, alteration, or addition of the terms of the .
contract or to the work to be .performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or
addition to the terms of the contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil
Code of the State of California.
IN WITNESS WHE~~FOF, 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 here o affixed and
these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
~A
Seal)
Signature for ,Principal Title
s
Surety
(Sear
Signature for Surety Title
3D:71005.48 f ~ 2 MDF/lh
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