HomeMy WebLinkAbout1992 Special Provisions Project 61009ky
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CITY OF BAKERSFIELD
CALIFORNIA -
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL ON
HALEY STREET AT PANORAMA DRIVE
BID OPENING:
DATE APRIL 10, 1992
TIME 1.1:00 A.M.
- PROJECT N0. 61009
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DEPARTMENT OF PUBLIC WORKS ~ x CITY OF BAKERSFIELD EXP• ' ~Z
T h' f 15 O 1 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
~ ~ Telephone: (805) 3Z6-3724 ~ t'` 0~ C~~~~
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing
Officer, City Hall,1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on APRIL 10,1992 to be
publicly opened and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL ON HALEY STREET AT PANORAMA DRIVE
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the
Purchasing Officer by posting a refundable deposit of ZERO ($-0-) for each complete set. Refund of deposit will
be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one {21} days ,
from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility
for non-receipt of bids due to any delay, including but not limited to carrier delay.. It is the bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer,
which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance
with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard
Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of
article 2-1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work
described herein.
Substitution of securities for moneys retained to ensure performance, shall be permitted pursuant to the
provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand
deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of
Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for .Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or Class C-10 License at the time this contract is awarded.
The work completed shall be done in accordance with the Standard Specifications of the Department of
Transportation, Business and Transportation Agency, dated January,1988, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code {Section 1720 et seq.) the Contractor
shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of
California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for
inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
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. GENERAL DESCRIPTION OF WORK
This project consists of installing a traffic signal and lighting system.
CITY OF BAKERSFIELD
EDGAR W. SCHULZ
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS -
1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, January 1988," as
referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard
Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and .
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the
intent .and meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such
agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in
the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business and
Transportation Agency, dated January,1988.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do
not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special
provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard
Specifications. .
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SECTION 2. PROPOSAL REQUIltEMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California,
will receive at her office, City Hall,1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on APRIL 10,1992
sealed proposals f or
TRAFFIC SIGNAL ON HALEY STREET AT PANORAMA DRIVE
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the
quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agxee that the actual amount of
work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of
the work or to omit portions of the work that maybe deemed necessary or expedient by the Engineer.
2-1.03 EXANIINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and
contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the
submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGU S. Proposals maybe rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals
~~must give the prices proposed and must be signed by the bidder, with. his address. If the proposal is made by an individual, his name, telephone number and post office address must be shown. If made by a firm or partnership,
the name and post 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.Ob 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.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have
listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract
portions of the work in the amount of 1 f 2 of one percent of his total bid or $10,000, whichever is gzeater, in
accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the
imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by
making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
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Bidders are cautioned that this listing requirement is in addition to the requirement to provide a
list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned
in the ecifications and not shown on the drawings or shown on the drawings and not mentioned in the sp
specifications shall be of the same effect as if shown or mentioned in both.
Onussions from the drawings or the specifications of the materials or details of work which are
manifest or obviously necessary to carry out the intent of the drawings and specifications or which are lY
customarily furnishedor performed, shall not relieve the Contractor of lus responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the
time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the
Purchasing Department. The request shall be executed by the bidder or his duly authorized representative.
The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are
opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor ma an bid be withdrawn after the time fixed in the public notice for the opening of bids.
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2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the
time and place indicated in the "Notice to Contractors:' Bidders or their authorized agents are invited to be
present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections .5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that
if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within
5 days after the opening of the bids of the alleged mistake, sp~ng in the notice in detail how the mistake
occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a public works or
services contract with the agency under this part or from being a subcontractor at any
tier upon the contract, if that person, or any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, has been
convicted by a court of competent jurisdiction of any charge of fraud, bribery,
. collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works
contract, as defined in Section 1101, with any public entity, as defined in Section
1100, including for the purposes of this article, the Regents of the University of
California or the Trustees of the California State University. A state agency may
determine the eligibility of any person to enter into a contract under this article by
requiring the person to submit a statement under penalty of perjury declaring that
neither the person nor any subcontractor to be engaged by the person has been
convicted of .any of the of f enses ref erred to in this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
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_ 2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is
interested in more than one proposal for the work contemplated may cause the rejection of all proposals in
which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for
believing that collusion exists among the bidders any or all proposals maybe rejected. Proposals in which the prices obviously are unbalanced maybe 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" ref ers to .not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if 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 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XN, Chapter 2, Article 6 of the California Code of Civil
Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other
of the said bonds shall be in an amount of fifty- percent (50%) of the contract price and shall guarantee
payment to laborers, mechanics and material workers employed on the job under the contract and shall be in
the amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the
protection of the claims .of laborers and material men, become insufficient, or the City has cause to believe
that such surety or sureties have become insufficient, a demand in writing maybe made of the Contractor for
such further bond or bonds or additional surety, not exceeding that originally required, as is considered
necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made
upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or
additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and
returned, together with the contract .bonds within ten {10} days, not including Sundays, after the bidder has
received notice .that the contract has been awarded. No proposal shall be considered binding upon the
City ,until the execution of the contract. All contracts shall be considered as being made and entered into in
the City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10}
days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be
just cause for the cancellation of the award and the forfeiture of the proposal guaranty.
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3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the contract the Ci of Bakersfield will return an monies or form for deposit of money that are not to be ty Y
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.Ob, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard
Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written
notice to proceed. The Contractor shall diligently prosecute the same to
completion before the expiration of 60 working days.
Contract working days will commence f rom 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 Ci of Bakersfield the sum of $200.00 per day for each and every P Y tY
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full com ensation for conformin to the requirements of above paragraph shall be considered as p g
included in the prices paid for the various items of work and no additional allowance will be made therefor.
.The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical
materials required. for this contract has been received and accepted by said vendor, and said statement shall be
furnished within fifteen {15) calendar days from the date of the contract. Such statement shall show the date
or dates the electrical materials will be shipped.
No .work shall be 'non the project without prior written approval of the Engineer until all ~ will be components necessary for operation of the signal system are on hand. The Contractor
granted an extension of time and will not be assessed with liquidated damages or the cost of
engineering and inspection for any portion of the delay in completion of the work caused by
manuf acturing time should approval be given to begin prior to delivery of all signal system
components. The number of days extension shall be the working days between the date as
determined according to Special Provisions, Article 4-1.01, and the date of receipt of all
components as determined.by the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing.
SECTION S. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.~0, "State Contract Act," and
9-1.10, "Arbitration," of the Standard S ecifications are deleted. This contract is not governed by the provisions .p
of the State Contract Act. The adoption and use of the .Standard Specifications m the performance of the work
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called for in this contract shall not be construed as an election by the City to proceed under Section 2039b 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
exceedstwenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
5-1.03 WORK. The Contractor shall, for the amount set out in his bid, furnish all labor,
e ui ment materials and trans ortation and execute the work in every respect in a thorough and workmanlike qp ~ P
manner in accordance with the plans and specifications and to the satisfaction of the Engineer. The work shall
include all labor, materials and a uipment necessary for a complete and functioning facility as required to meet q
the intent of the plans and specifications, whether or not fully shown on the plans of specified in the
specifications.
All work shall conform to and meet all applicable laws, local ordinances and utility company and
Ci re uirements. If conflicts between this work and any utility structure might occur, the utility company tY q , ,
involved shall be notified at least 24 hours prior to any work within the area.
The En 'veer shall be notified 48 hours in advance of any contemplated shutdown of electricity
or other utility. The Engineer's approval shall be received before any shutdown.
5-1.04 LAYOUT OF WORK. City surveyors will lay out property, corners, baselines and bench
marks at the beginning of the project. The Contractor shall preserve all corners, baselines, levels and grade
stakes until the ro'ect has ro essed to the point where they are not longer necessary. whenever important . P J P .
corners, baselines, levels and grade stakes are disturbed during construction, they shall be replaces and reset to
their original position at the Contractor's expense. Bench .marks or datum points maybe shown on the
drawings. _
The Contractor shall lay out the work. He shall notify the Engineer forty-eight (48) hours before
laying it out. The Engineer's representative and the Contractor shall review and verify the layout. The
Contractor shall be responsible for same.
After review of said lines, axis, and bench marks by the Engineer, the Contractor shall be held
responsible for the layout for the work. Monuments previously established by the surveyor which are lost or
disturbed shall be reset. by the surveyor at the Contractor's expense.
5.1.06 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that
Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed
in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section
1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of er diem wages and the general prevailing rate .for holiday and overtime to all workers employed in the
P construction of this project. The prevailing rate for each craft., classification or type of work is determined by
the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file
and available for inspection in the Public Works Department. The schedule is incorporated herein by this
ref erence. The City shall have the right to inspect payroll records during normal working hours and shall have
the right to question workers at any time concerning the wages being paid. Contractor shall not interf ere in any
way with the City's right to investigate conf ormance with the wage provisions of this contract.
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Contractor shall forfeit to the City for each worker employed for each calendar day or portion
thereof:
a. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1775 of the Labor Code, per
worker paid less than the amount to which he is entitled under said general prevailing
rate of wages; and
b. TWENTY-FIVE DOLLARS (~25) pursuant to Section 1813 of the Labor Code, per
worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code.
5-1.07 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records,"
of the Standard Specifications is deleted and shall not apply to this contract.
5-1.08 LABOR NONDISCRIlVIINATION. Attention is duetted to Section 7-1.OlA(4), "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing
Act Government Code Sections 12900 through 12996}, to the regulations promulgated by the Fair (
Em loyment and Housing Commission to implement said Act, and to the nondi~ation, affirmative action P
and equal employment opportunity requirements in the special provisions.
5-1.09 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5}, " rentices," of the Standard Specifications.Rll Contractors and Subcontractors shall comply with the APP
provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor
and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TIRAIN APPRENTICES ON PUBLIC WORKS." This
request shall be submitted to the local Department of Industrial Relations, Division of
Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or
DAS-140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee
providing for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
5-1.10 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 DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in
depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a
detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for
worker protection during the excavation of the trench, has been submitted by the Contractor to
the City Engineer and the detailed plans has been approved by the City Engineer.
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If such plan varies from the shoring system standards established by the Construction Safety
Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective
system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of
its employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.11 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions
in Section 7-1.011, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and b:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job,
including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the
Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by
safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the rites paid for the various contract items of work involved and no additional compensation will p
be allowed therefor.
5.1.12 SCAFFOLDING, LADDERS, ETC. All temporary construction, scaffoldings, ladders,
runways, etc., shall be furnished and installed as required, and shall comply with all laws, ordinances, rules and regulations governing the construction and use of same.
5.1.13 ENCLOSURES AND BARRICADES. The Contractor shall provide, install .and maintain
for the duration of the work, as required, all lawful or necessary barricades and railings, lights, warning sign
and signals, and shall take all other precautions as may be required to safeguard persons, the site and adjoining
property including improvements thereon against injuries and damages of every nature whatsoever. The
Contractor shall not obstruct required exit ways of adjacent structures.
Enclosures and barricades shall be erected or installed so as not to impair or hamper existing
security measures. It is the Contractor's responsibility to assure that all enclosures and barricades used, meet
this requirement.
Additional specific instructions for enclosures and barricades, if any are required for this project,
are shown on the drawings.
5.1.14 PERNIITS AND LICENSES. The Contractor shall procure all permits and licenses, pay
all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work from any and all governmental organization which
require such permits, licenses or f ees. The Contractor shall procure a business license in the City of
Bakersfield.
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5-1.15 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. An deviations must be requested and in writing and directed to the Construction Engineer at the
Y Pre-Job Conference. Written a roval from the Construction Engineer is required for work beyond these PP
limits. An time work roceeds beyond the time limits or on holidays or weekends, the Contractor will be Y • P es ma be withheld f ram contract retention.
charged for all associated overtime charges and said charg y
5-l.lb LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
' ' and future State and National laws and all municipal ordinances and regulations of the City of existing ' which in an manner affect those engaged or employed in the work, or the materials used in the
Bakersfield , y which in an wa affect the conduct of the work, and of all such orders and decrees of bodies or work, or y y
tribunals having any jurisdiction or authority over the same.
-1.17 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this 5
til he has obtained all insurance required under this section and the required certificates of contract un
insurance have been filed with and approved by the City Risk Manager and the Public works Department, nor
actor allow an Subcontractor to commence work on his subcontract until said certificates of shall the Contr y insurance have been filed and approved by the City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
5.1.17A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City,
its officers, a eats, employees and volunteers from all claims, demands, damages, judgments, g
costs ore eases in law or equity that may at any time arise from or related to any work xp
erf ormed b the Contractor, his agents, employees or subcontractors under the terms of this P y a eement and shall execute and return with the executed contract documents and bonds the
"Hold Harmless Agreement," a copy of which is attached hereto.
- .17B INSURANCE. In addition to an other form of insurance or bond required under the S1 Y
terms of this a eement and specifications, the Contractor shall procure and maintain for the 1~'
duration of this agreement the following types and limits of insurance:
' e liabili insurance rovidin covera a on an occurrence basis for bodily injury, Automobil ty , p g g
includin death, of one or more persons, property damage and personal injury, with limits of not g
less than one million {$1,000,000) per occurrence, and
The automobile liability policies. shall provide coverage for owned, non-owned and. hired autos.
General liabili insurance providing coverage on an occurrence basis for bodily injury, including r
death, of one or mare persons, property damage and personal injury, with limits of not less t an one million ($1,000,000} per occurrence.
The liability policies shall provide contractual liability coverage for the terms of this agreement.
The liabili olicies shall contain an additional insured endorsement in f avor of the City, its tY P
mayor, council, officers, agents, employees and volunteers;
workers' com ensation with statuto limits and em to er's liabili insurance with limits of not less than one million {$1,000,000) per accident.
The workers' com ensation policy shall contain a waiver of subrogation endorsement in favor of P
the City, its~mayor, council, officers, agents, employees and volunteers.
All olicies re wired of the Contractor hereunder shall be primary insurance as respects the P q
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.
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. All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided
by or on behalf of the subcontractors to cover their operations.
The insurance re uired under this a Bement shall be maintained until all work required q . 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.
5-1.18 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall rovide the Ci with the foreman's or superintendent's name who will be in charge of this project.
P tY
5-1.19 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.1b5,
"Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not
apply to this contract.
5-1.20 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with
Ci Ordinance re ulating the use of public streets within the City, except as otherwise provided herein. tY g
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.
5-1.21 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.
5-1.22 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 shall
discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the
Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative;
may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other
machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may, deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any,
excess of cost arising therefrom over and above the contract price will be charged against the Contractor and
his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or
retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the
contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be
credited with the amount of money so forfeited toward any excess of cost over and above the contract price,
12
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, of ter all just claims f or
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.
5.1.23 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 f ailure on the part of the Contractor to carry out orders given, or
to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and
shall not resume the work until ordered in writing by the Engineer.
5-1.Z4 PAYIVIENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not
incorporated in the work.
5.1.25 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of
Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as maybe necessary to protect the City
from loss due to causes including but not limited to the following:
a. Defective work not remedied;
b: Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance; -
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard
Specifications is amended to read:
The Director will make the final determination of any claims which remain in dispute after completion of claim review. A board or person designated by said Director will review such
claims and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the
amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found
to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be
13
retained under the provisions of the contract. All prior partial estimates and payments shall be subject to
correction in the final estimate and payment. The final payment shall not be due and payable until the
.expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County
Recorder's Office and after execution and return by the Contractor of the attached GU E when
applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the
performance of the contract, either wholly or in part, against any claim of the party of the first part, and no
payment shall be construed to be an acceptance of any def ective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract,
and the adjustment and payment for any work done in accordance with any alterations of the same, shall
release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.26 CHANGES IN THE wORK. The City, without invalidating the contract, may order extra
work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted
accordingly. All such work shall be executed under the conditions of the original contract except that any
claim for extension of time caused thereby shall be adjusted at the time of ordering such changes.
In giving instructions, the Engineer shall have authority to make minor changes in the work not
involving extra costs and not inconsistent with the purposes of the work but otherwise, except in an emergency
endangering life or property, no extra work or changes shall be made without prior written order issued by the
Engineer, and no claim for an addition to the contract amount shall be valid unless so ordered.
The value of any such,extra work or change and any claim for extension of time for such extra
work shall be determined prior to commencement of such work. The value of such work shall be determined in one or more of the following ways by agreement between the City and the Contractor:
1. By estimate and acceptance in a lump sum.
2. By unit prices named in the contractor subsequently agreed upon.
3. By cost and a fixed fee, but not by cost and a percentage of cost.
If none of the above methods is agreed upon, tie Contractor, provided he received an order as
discussed above, shall proceed with the work on a force account basis as defined in Sections 4 and 9 of the
Standard Specifications and as modified by these General Conditions. In such case or in the parties agree to
use "A3" above, Contractor shall keep and present in such form as the Engineer may direct, a correct account
of the net cost of labor and materials, together with vouchers. A daily time and material record of all force
account or cost and percentage work shall be kept by the Contractor, as directed by the Engineer. The daily
record shall be signed by the Contractor and Submitted daily to the Engineer.
In any case, the Engineer shall certify to the amount, including markup, due to the Contractor.
Pending final determination of value, payments on account of changes shall be made on the Contractor's
estimate.
5.1.27 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers
and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project.
14
5.1.28 TEMPORARY U1~.ITIES. Except as may be provided elsewhere, the Contractor shall
rovide all tem ora utilities as required for construction, and shall be responsible for removal of same upon p P ry
completion of the job.
The Contractor shall make all arrangements for, furnish and pay for all utilities required for construction u oses. The Contractor and subcontractor requiring such services must provide all necessary
P rP i in whin etc., f rom oint of connection, the cost of which shall be considered to be a part of the bid
P p g~ g~ p price.
When an ortions of the permanent systems are in operating condition, that part of the system YP
maybe used as a temporary f acility provided that the Contractor:
1. Obtain's the City's approval.
Z. Assumes full responsibility for the system use.
3. Pays all costs for operation, maintenance, cleaning .
and restoration of the system.
4. Operates the system under the supervision of the
subcontractor responsible for the system installation and ultimate performance.
a. Provides temporary approved filters to adequately filter all air (including return,
transfer and outside air} being distributed through the ductwork to the supply outlets.
5.1.29 i)TII.ITY FEES. Public utility fees and permit costs for permanent utility facilities
associated with this project shall be paid for by the City.
. AND ROYALTIES. The Contractor shall provide and pay for all licenses and 51.30 PATENTS
ro alties necessa for the le al use and o eration of any of the equipment or specialties used in the work. y ry g p r the use of an atented or
Certificates showing the payment of any such licenses or royalties, and pernuts fo y p
co i ted devices shall be secured and paid for by the Contractor and delivered to the City on completion PYr ~
of the work, if required.
ctor shall assume all re onsibili for the use of apparatus of devices covered by The Contra sp ty
atents or co ri ts, shall defend any suits brought against the City based upon claimed infringements of any p PY ~ .
such atents or copyrights, and shall hold the City free from ~clauns for damages ~nc~dent to their use. P
5-1.31 SUBNIIITAL SCHEDULE. The Contractor shall, within fifteen (15} calendar days of
execution of the contract submit to the En ' eer a comprehensive submittal schedule. The submittal
schedule shall include the latest. dates that each and every submittal item required by the contract documents
will in f act be submitted to the Engineer.
Submittal items shall include, but not be limited to: construction schedules, samples, shop
drawin colors, aranties, warranties, certifications, notifications, test reports, and any other submittals ~
re wired b the Engineer. The submittal schedule will be reviewed by the Engineer for compliance with the q Y ' ve com fiance will be made and the submittal
overall project schedule. Any adjustments necessary to achie p
schedule returned to the Contractor for implementation.
5-1.32 SANITARY PROVISIONS. If proper facilities are not otherwise available the Contractor
shall provide temporary toilet conveniences for workers; they are to be maintained at all times in proper
sanita condition and shall be removed from the premises when and as directed by the Engineer. Sanitary ry
rovisions shall comply with all applicable laws and regulations. Facilities locations are to be approved by the P
Engineer.
15
5-1.33 DRINKING WATER If proper facilities are not otherwise available the Contractor shall
rovide drinkin water and ice in sufficient quantity for general use at the project site. P g
5-1.34 PRESERVATION OF PROPERTY. The Contractor will be held responsible for any
dama a he may do to existing installations which are to remain in place. g
ro er to remain shall be roperly protected by the Contractor from injury or damage.
~ P P ~ P with materia ~xxtures, or Should an such ro er be damaged, it shall be repaired and/or replaced 1, ,
y P P ~ Contractor's re onsibili , at the sole e ui ment of the same kind, quality and size or better. It shall be the sp tY . qP
of the Contractor to ascertain the location of all underground facilities which maybe subject to expense
damage by reason of his operations.
-1.35 INSPECTION OF WORK BY OTSER CONTRACTORS. It shall be the duty of the 3
bcontractor before be ' ' g any of this work, to examine all construction and work of Contractor and each Su ~
ntractors and subcontractors that may affect his work, and to satisfy himself that everything is m . other co
' ' o receive his work. He shall notify the Engineer in writing of any exception., Failure on his proper condition t
do so shall constitute acre tance of the construction as suitable in all ways to receive lus work. part to P
5-1.3b MAINTENANCE MANUALS. At least 45 days prior to final inspection, 4 copies of
m lete o erational and maintenance manuals shall be submitted to -the Engineer for review. All ~ P P ation and drawin shall be bound in 8-lIL" X 11" binders. installation, operating and maintenance inform ~ ~ ual
Each manual shall rovide a table of contents in front and all items shall be indexed with tabs. Each man P
also contain a list of subcontractors, with their street addresses, telephone numbers, and the names of shall
persons to contact in case of emergencies.
: is shall rovide the names, addresses and telephone numbers of manufacturers, Identifying Labe p
and the ratings and capacities of their equipment and machinery.
Manuals shall be submitted for mechanical and electrical equipment having wearing. parts for
which the manufacturer has rioted maintenance recommendations. Manuals shall also contain
P. ~ • manufacturer's maintenance directions for all fixtures and equipment.
5.1.37 DEFECTIVE OR OMITTED WORK. Work which may be def ective in its construction,
deficient in meetin the requirements of these specifications or the plans, or lacking required equipment or g material will not be considered as a roved or~ accepted by the Engineer. This remains so notwithstanding the PP
failure of an officer of the Ci of inspector connected with the work to point out, whenever .discovered, such y ~
defect, deficiency, or omission.
Should an discre ancies occur or lack of information a ear that should be clarifie the
Contractor shall not' the. En 'veer immediate . No deviation shall be made from the plans or
ecifications. If work varies from the plans or specifications in form, amount or quality the Engineer shall
order such im ro er work or materials removed, remade or replaced. In the event that the work is ordered PP chap a an other work disturbed or damaged by such alteration shall be made good at the Contractor's
g~ Y expense.
5-1.38 PRESERVATION, CLEANING AND DISPOSAL. The Contractor shall protect and
reserve the work from all damage or accident, providing any temporary roofs, window and door coverings, P ~ e En 'Weer. This shall include rotecting any adjoining property
boxing or other construction as required by th gi P
of the City or others.
The Contractor shall clean the work site as work progresses. As directed during construction,
rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction
' t and rubbish shall be removed from the site which shall be left in a clean and orderly condition equipmen
satisf actory to the Engineer.
16
5.1.39 CONSTRUCTION DEBRIS. A dumpster shall be provided b the Contracto '
collection of construction debris durin the time of d y r for on-site g emolition and construction.
- 5-1.40 VEHICLE USE. Construction vehicles shall avoid drivin across ass and lante
- not involved in the construction. Dania a to exist' ' ' • g ~ P d areas g wg facilities that are to remain in place shall be repaired by the Contractor at his own expense.
5-1.41 FINAL INSPECTION. The Contractor shall notify the En ' eer in writin when the
, gm g work is completed and he desires final inspection of the work. The En eer as soon as rac '
the necessa examin • • ~ , ~ • P , tical, make ry, anon. )f deficiencies are found m the work, a punch list' of such deficiencies will be
written and ven to the Contractor. The • l~ Contractors • • • hall not the En ~y eer when all of the defici e l~ noes
have been brought into conformance with the plans and specifications. Another final in ect' ~ '
scheduled. If the work is found to be sp ion will then be i completed in compliance with the plans and specifications, the En 'eer will file a Notice of Completion with Kern Coun Recorder. ~
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6 "Control
f Materials," of the Standard S ecifications and t ~ of P hese special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be a
by the Engineer before dehve is started and be pproved • rY fore such material is used in the work. Representative
preliminary samples of the character and quality prescribed shall be submitted b the
of all materials to be used in the wor fort Y contractor or producer k, esting or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance wit recognized standards of national or a ' h co~0~'
g nizations, and such special methods and tests as are prescribed in the specifications.
6.1.02 BORROW, DISPOSAL AND MATERIAL SITES. Theo eration of an borr
disposal sites used by the Contractor to roduce o P Y ow or
re . , P r dispose of matenal for this project shall comply with the quirements m the Standard Specifications and these special provisions. All rovisions for water '
and sound control that a within the limits o P pollution, • • PP1Y , • f the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be aded and
at the time of final inspection of the contract the treated so that, . y will drain, will blend with surrounding terrain, and will
have a potential as a source of blowing dust ar other ollution which is no • •
condition. ~ P greater than when ui their onguial
If the Contractor obtains necessarypermits far borrow di osal or • having jurisdiction or from the a ro sP matenal sites from the authonty
pp pnatepollution control boards and such permits contain requirementswhich conflict with the requirements in the first and second ara a hs of this section •
shall govern over the confli P ~ P ,the requirements of the permits ctuig requirements of this section provided the permit requirements have been
approved by the Engineer. .
Full compensation far complying with the re uirements for borrow •
in this section shall be consider q ~ disposal and matenal sites ed as included m the contract prices paid for the items of work which re wire the use of the sites and no additional compensation will be allowed therefo q
r.
6.1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-1.07, "Certificates of Compliance,n of the Standard S ecifications the •
certain materials or ass P ~ Engineer may pernut the use of emblies, prior to sampling and testing, if accompanied b a Certificate of Co '
Y mphance.
17
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform. to the provisions in Section 5-1.05, "Order of
Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into
o eration. Pavement delineation shall be replaced by temporary delineation before opening the traveled way P 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 f aces shall be aimed and covered with
cardboard or other material with an observation hole (max. 1" dia.) in front of each signal indication. The
covers shall remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the
signal control shall be completed and all signs shall be in place.
7-1.02 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 f acilities and other improvements
that are to remain in place within the construction area or that are to be relocated and relocation operations
have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and
7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such f acilities and improvements f or any damage or interf erence with service resulting f rom 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 maybe engaged in moving or removing utility facilities or other .improvements or
maintaining services or utilities. The Contractor shall cooperate. with such forces and conduct his operations in
such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or
correctly located on the plans will not be compensated for as idle time. However, additional contract time
commensurate with such delays maybe allowed.
At locations where irrigation systems exist, the Engineer will direct the Contractor as to what
steps will be required to protect the irrigation
system and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer.
Existing land subdivision monuments and stakes shall be fully protected from damage or
displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the f act that nuisance water may be present at all times along the project.
It will be the responsibility of the Contractor to provide for handling of said water and any expense involved
18
shall be considered as included in the prices paid for the various items of work and no additional allowance
will be made therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional
compensation will be made therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights,
f la and other warnin and safety devices when perf orming work which interf eres with or endangers the saf e ~ g
movement of traff is on any street or highway.
Si s, lights, flags and other warning and safety devices and their use shall conform to the
re uirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use q
in Performance of Work U on Highways," published by the State of California, Department of Transportation. P
Application and use of devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact
location and ro ess of the work and shall notify them immediately of any streets .impassable for fire fighting P equipment.
The fourteenth, fifteenth, sixteenth, and nineteenth paragraphs of
Section 7-1.08, "Public Convenience," of the Standard Specif ications, shall be amended to read as f ollows:
U on completion of rough grading at the grading plane, or placing any subsequent layer thereon, the P
surface of the roadbed shall be brought to and maintained at a smooth, even condition, free of humps and depressions, satisfactory for the use of public traffic.
After the surface of the roadbed has been brought to a smooth, even condition for the passage of public
traff is as above provided, any work ordered by the Engineer (in addition to maintaining a smooth, even
condition as above rovided for accommodation of public traffic prior to commencing subgrade operations P )
will be paid for as extra work as provided in Section 4-1.03D, of the Standard Specifications.After subgrade
re aration for a specified layer of material has been completed, the Contractor shall, at his own expense, PF
repair any damage to the roadbed or completed subgrade, including damage caused by his operations or use by public traffic.
Exce t durin eriods of road closure, when allowed by these special provisions, a minimum of one P gP
traffic lane, not less -than twelve feet in width, shall be open for use by public traffic where construction
o erations are. actively in progress. Where construction operations are not actively in progress, not -less than p
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 0 osite to the one under construction. No additional compensation will be allowed for any shaping of
PP shoulders or reshaping of subgrade necessary for the accommodation of public traffic thereon during.subgrade
preparation and paving operations.
19
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street -Direction of Travel Hours
Hale Street ~ Both 0900-1630 Y 0900-1630
Panorama Drive Both
_ -
Where construction o erations are actively in progress, a minimum of one traffic lane, not less than twelve P
feet in width shall be o en for use by public traffic. Where construction shall be open for use by public P
traffic. Where construction operations are not actively in progress not less than two such lanes shall be open
for use b ublic traffic. Public traffic may be permitted to use the shoulders and, if half-width construction YP
methods are used, may also be permitted to use the side of the roadbed opposite to the one under
construction. No additional compensation will be allowed for any. shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations. .
In order to ex edite the passage of public traffic through or around the work and where ordered P
by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain
ction area si s li is .flares tem ora railin (Type I~}, barricades, and other facilities constru gn , gh , ~ P ry g
for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the
Contractor shall furnish com etent fla en whose sole duties shall consist of directing the P ~ movement of public traffic through or around the work. When deemed necessary by the City, the
si s "Road Construction Ahead," No. C-18, and "End Construction," No: C-13, shall be furnished,
installed and maintained by the Contractor at locations as directed by the Engineer at least 48
hours in advance. of any construction.
The Contractor shall report all accidents to the Engineer.
PAYIV~NT. Full com ensation for conforming to the requirements of this article shall be
P considered as included in the prices paid for various items of work and no additional allowance will be made
therefor.
7-1.04 EXISTIl~tG HIGHWAY FACILITIES. The work performed in connection with various
existin facilities shall conform to the rovisions in Section 15, "Existing Highway Facilities," of the Standard g P
Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs
and street markers shall be relocated and maintained during construction so as to convey the same intent that
existed prior to construction.
Existin Ci hi wa si sand street markers shall be placed in their permanent position by the g tY ~ Y ~
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 preceding
ara a hs shall be considered as included in the prices paid for the various items of work and no additional P P
allowance will be made therefor.
20
7-1.05 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. 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
avement b any method that does not materially damage the surface or texture of the pavement or surfacing. P y Where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall
be shielded so that no material from the blasting operation is allowed to enter the area that is open to public
traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings
shall be removed as the work progresses. Accumulations of sand or other material which might interf ere 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 cleanin for removal of traffic stripes shall be feathered out to irregular and varying widths. g
Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or
markings, so the old message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in
conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the
following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal
area and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned
traffic stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned
rectangular area.
Full compensation for furnishing and applying fog seal coat as specified 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.
MEASUREMENT AND PAYIV~NT. Quantities of traffic stripe removed will be determined by the
width of the. stripe plus O.b7-foot multiplied by the length of the stripe. The space between double traffic
stripes will be measured as painted traffic stripe. quantities of pavement markings removed will be determined
by the actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area of authorized stripe removal.
The contract unit price per square foot as remove traffic striping and marking shall include full
compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for
removing existing striping as shown on plan and as directed by the Engineer.
7-1.06 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside suns shall conform to City Standard T-19. Where sign posts are placed
within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be
21
ernutted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat P
finish as directed by the Engineer.
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract
er unit for install roadside signs (GSP Post). Installation of one or more sign panels mounted on a single P post shall be counted as one roadside sign (GSP Post).
7-1.07 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in
Section 56 "Si s," of the Standard Specifications and these special provisions. , gn
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 usin mast-arm hanger methods such as Hawkins MIOJ Series swinging sign bracket, with return g
spring removed, or acceptable equal.
Overhead si s installed on signal poles, mast-arms or on flas .ping beacon mast-arm shall be
furnished and installed by the Contractor in accordance with the plans and these special provisions.
om ensation for overhead si s shall be .considered included in the respective contract lump sum price or C p gn
prices for signal, flashing beacon, or combination thereof.
7-1.08 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs,
median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous
construction shall conform to the provisions in Section 73; "Concrete Curbs and Sidewalk," of the Standard
- Specifications and these special provisions.
MEASUREMENT AND PAYIVIENT.
A uantities of minor concrete wheelchair ramp) shall be paid for at the contract price per Q (
square foot of wheelchair ramp.
7-1.09 TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by
the En ' eer re lace all obliterated avement delineation with temporary delineation during the same work 8m ~ P p
period, and in no case later than 7:30 a.m. following such work period.
Tem ora . delineation consists of reflective traffic line tape applied in pieces not less than 4 p
inches lon nor less than 4 inches wide, spaced no more than 20 f eet apart on tangents and no more than 10 g
feet apart on curves. Apply reflective traffic line tape in accordance with the .manufacturer'sinstructions.
Temporary delineation must be the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay.
A stri ing plan will be made available to the Contractor when traffic delineation is to be modified P
by the City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices
aid for the various items of work, and no separate payment will be made therefor. P
22
SECTION 7.CONSTRUCTION DETAILS
SECTION 7-Z ~ ~ C SIGNALS AND LIGHTING
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 8b-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations
and shall furnish the appropriate nuts and washers for existing foundations to be reused.
Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard
S ecifications and shall contain not less, than 470 pounds. of cement per cubic yard, except for pile foundations P
shall contain not less than 564 pounds of cement per cubic yard.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits maybe installed by either jackingldrilling or open trench methods. Installation using
'ackin or drillin shall conform to Section 86-2.OSC, "Installation," of the Standard Specifications. Open J g g
trench installation shall conform to the f ollowing specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed .under existing. pavement in a
trench not to exceed b 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 to of the installed conduit shall be a .minimum of 12 inches below finished grade.
P
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a
one (1) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the
pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from
commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of
asphalt concrete shall be performed by any method which will produce an asphalt concrete surface
of uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary
roadmix or other acceptable temporary surf ace will be allowed on the top 0.20 -feet until such a
time as the permanent asphalt surf ace is placed.
De endent u on adverse soil conditions or other circumstances encountered at the tune of P P
construction, the Engineer may specify which of the above methods maybe 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 ~~RING. 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.
23
CONDUCTORS -The Contractor shall use multi-conductor
electrical cables for all circuits except between the service switch and controller cabinet.
Only multi-conductor cable conforming to the following shall be used:
5 Conductor cable consisting of S No.14 conductors colored 1 each red, yellow, brown, white and
black.
9 Conductor cable consisting of 1 No.12 conductor colored white and 8 No.14 conductors colored
1 each red, yellow, brown, black, red/black stripe yellowJblack 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 0r Function Base Stripe
2 & b 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 & Sp 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 Common Signal white None
Railroad
Pre-emption Black Red
Spare ~ Black None
The cable sheath shall be polyethylene and the conductor insulation shall be Type THwN polyvinyl
chloride.
Conductors. shall be spliced by the use of "C" shaped compression connectors as shown on
Standard Plan ES 13.
24
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 branch circuit breakers:
No. Amps Ph_, V_, lts Br_ anch Me~red
1 60 1 ~ 110 Traffic Signal Yes
2 30 1 110 .Lighting No
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.Ob TESTIlVG. 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 2.140 "Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in
SECTION 4, "BEGINNING OF WORK, TIlVIE OF COMPLETION AND LIQUIDATED DAMAGES" of
these special provisions.
7-2.07 SIGNAL 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 in Section 86-4.01, "Vehicle Signal
Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 8b-4.Ob, "Signal Mounting Assemblies," of the
Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal f aces 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 FEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05,
"Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Pedestrian signals shall be Type C, and shall have energy efficient heads equivalent to Indicator Controls
Corporation Mode14094B.
25
7-2.09 LUMINAIItES. Luminaires shall conform to the provisions in Section 86-b.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaries shall be furnished with 200-watt high pressure sodium lamps and integral ballasts.
An in-line fuse shall be located in the pull box.
? -2.10 PHOTOELECTRIC CONTROLS. PhotoelectriccontroLs shall conform to the provisions in Section
86-b.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectricalcontrol.
7-2..11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The Citywill furnish the controller
and cabinet assembly for each location.
7-2.12 DETECTORS. Detectors shall conform to the provisions in Section 8b-S, "Detectors," of the
Standard S ecifications and these special provisions. Location and layout of detector loops shall be as directored P by the Engineer.
INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the
plans.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be f filled with epoxy sealant
conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the
pavement surface. The sealant shall be at least 1I2 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 sp ' 'ed 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.
26
The cured sealant shall have the following performance characteristics:
Measuring Standard
And Conditions
Property and .Results
Hardness (indentation) - 65-85 ASTM D 2240 Res. Type A, Mode11700
77deg.F(25deg.C)50%rehtive humidity.
Tensile strength - 500 psi, nun. ASTM D 412 Die C, pulled at 20 IPM.
Elongation -400%, minimum ASTM D 412 Die C, pulled at 20 IPM.
Flex at - 40deg.F- no cracks 25 mil Free Film Bend (180deg)overll2"
Mandrel.
Weathering Resistance -Slight ASTM D 822 Weatherometer 350 Hrs.
Chalking Cured 7 days at 77deg.F(25deg.C)50% relative humidity.
Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100deg.F(38deg.C}
minimum Tensile; 400%, minimum 5% NaCI, Die C, pulled at 20 IPM.
elongation
DielectricConstant -Less than ASTM D 150.
25% change over a temperature range of -30deg.C to SOdeg.C.
2. haltic Emulsion Inductive Loop Sealant shall conform to State of California Specification
8040-41A-15.
Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optunum sensitivity is obtained at the
sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under
actual traffic conditions is approved by the Engineer.
All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same
pull box, shall be spliced to a cable which shall be run from the pull box adjacent to the loop detector to a sensor
unit mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only.
All loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count
station cabinet when such a cabinet is installed.
Conductors for inductive loop traffic signal and traffic counting installations shall be identified and
banded, in pairs, by lane, in the pull box adjacent to the loops .and near the termination of the conductors in the
controller or traffic count station cabinet. Bands shall conform to the provisions in Section 86-2.09, "Wiring."
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. -
6J2L, 8J8U, 3ISU, etc.} in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No.
TY5532 or approved equal).
If asphalt concrete surf acing is to be placed, the loop detector conductors shall be installed prior to
27
placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the
compacted layer of asphalt concrete immediatelybelow the uppermost layer. Installation details shall be as shown
on the. plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall
be sealed with epoxy sealant.
Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Construction
Materials," of the Standard Sp ' 'cations and these special provisions.
Loop detector lead-in cables shall be 'I~pe B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice mast be soldered and completely waterproof. Connect one end of the shield to earth
ground (at cabinet) and insulate the other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be
crimped and soldered to the conductor.
PAYMENT. The contract price paid for each detector shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing traffic loop
detectors.
7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except traffic signal lamps, installed under this contract .for a period of one (1) year from
the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice A of completion and final acceptance is made by the City of the work described on the plans and these special
provisions.
7-2:14 PAYIV~NT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled, hole concrete pile foundations shall be considered as .included in the
contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor.
28
i 1
8040-41A-15 STATE OF CALIFORNIA
Specification
.Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing
inductive wire loops and leads imbedded in asphalt and Portland cement concrete. This sealant is
suitable for use in freeze-thaw environments.
2.0 . APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the
Invitation to Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Sp ' 'cations 1988
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for
Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations .Board, Ref.
49CFR.
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It
will be the manufacturers responsibilityto~produce a one-component product to meet the properties
specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
29
Use ASTM D2939
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, ~ No f ull depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 Sdeg.F. -and 50
10% relative humidity. Condition mandrel and
specimens. 2 hours at 75 2deg.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 / + 5deg.F, 50 +/-10% relative humidity
for minimum of 16 hours. Load rate 0.05
inchesjminute, use ASTM D2523.
. 3.3.3 Elongation, % 2.0 minimum
.Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum,
Use California Test Method No. 434, Part VIII. Spacewith no loss damp blocks with 0.25 inches
between slant faces, seal of adhesion. to sides and bottom with tap and fill with the well stirred
concrete sample, strike off the excess. Dry in 140deg.F oven to constant weight and condition 1 day at 75 + j- 2deg.F before testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative re-emulsification or loss of admen
3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across the bottom of the container. It shall form
a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due
to excessive settlement as described above or due to any other cause, the sealant shall be considered
unfit for use.
30
r
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specifiedproperties under normal storage conditions for 12 months after
acceptance and delivery. The vendor shall be responsible for all costs and transportation .charges
incurred in replacing material that is unfit for use. The properties of any replacement material, as
specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and
delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of
California in effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of
manufacture and application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 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 Comnussion
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. r
31
Asphaltic Emulsion Inductive Loop Sealant8040-41A-15
6.0 NOTES
6.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The
sealant must be thoroughly stirred before use and
hand poured into the slots. Due to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant
sets.
b.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.
b.3 Certificate of Compliance ,
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordance with the provision of Section b-1.07 of California Department of Transportation Standard Specifications, January 1988.
32
.s~ ~oo~ in ticunq Wtto11 Of rQne I
~ . ~k NO ES oeatw n afstrr °f it + clre r~ \ or ~ t• if distance from carp to beck of sidewa~k
i ~ aa,l~ ~ is toe shat to accornmodote romp and s' se. Net. 7 - - - - the sidewalk may A/` platform as in Case Bt,
~ be depressed Iongitudindly os in tease a2 ~ I J or C2 a may be widened oa in Case C►.
~ ~ r• ~lantlsq ~v+N ~ • -5er Net. d btu ~ 2. If sidewalk .s lest than 5' wide, the full
l ~ b SECTION A- A width of the sidewalk shill be depressed ~ R.ta1►114 are at shown in Case C2.
~ xl , K l,.a...ery H11, 3. If planting OreO wroth is egad to ar
1 ~ i Tae of ~ greater than ramp length, romp side o Y ~ • Q01A~ ~ ' ~ - _ ' ~ ~ slope 'X' distance ~ 3' (See Case C2).
~ ~ ~ ~ I 4. For Cases O1 and C1 the iongitudind
►2sx res ~ for e• a~ portion of the sidewalk rnoy need to be at ax0 S'4' tar e• ash yd ~tpreaeed at Shown in CasO 82
CASE A SECTION B-B 5. if located on a auvr the sides of the O~r•w ~tw ~ r.~,r ramp need not be pardlel, but the
~ i R~e~ a~ K minimum width of the romp shill be 4'. "1 4 r,. of .t~e..at~ ~ 6. The bottom of the ramp shill hour o
~ b~ ~ 7. The romp shill hour a 11~ wide border I +rm. i with 1/4' grooves approximately 3,i4' o.c.
xl ~ 5.. 7 I I 4' tin, III ~~q detail. The surface of ramp ~ x ; N; i ~ ~ she ove o transverse broamed surface N` !
I ~ texture rougher than the surrounding ~ t I sidewdk except when locotsd in center t---
~1 ~ of curb return. I 1 i
i~r , Fraet .e9. of ~ x . 8. rMi►en romp is located in center of curb n i F^~ ~ ar return, it shill be grooved in a herring-
' ~ ~ ~ j ~ f ~ bone pattern with 1 4' oovra o0 oxim / 9r ~ otel y t 1/1' o.c. See grooving detai. Grooves
► s.. Not. e M ►o<otr - should be aligned poroild to crosswdk ~2s x ' I y, awwr ~ aw rra.+~ t~ Jj ~ ~ ~ a~ ~ stripes to diredt blind pedestrians into 1 .J
at ar! ~ aa~ appropriate crosswdk CASE Bl CASE H2 s. Romp side dope caries uniformly from a
maximum of up to 12SX at curb to con- form with longitudind sidewdk slope
A~ adpcent to ±op of the romp except in ~ ~ R~~ ~ Caste C2 do 02 The ramp platform may be
diminoted if the grade does not exceed _ ~ r s« nos ~ r• ~+'.°~y«e..°tdk, 8.33T.
~ / J ; • ~ ~ 10. RED -when a wheelc!toi► ramp is
r ~ added tO on existing facaity. the following s'" "0t' ~ - ; ~ ~ changes are permitted: o~ ~ , ~ ~ ,
xl • I~''~ ~j ► (A) Ramp grade in Case C2 may be - ° ~ ~ Ii • increased to 4X~
► box ,f I . , ~ , (8) Other rtxnp grade moy be Increased I{~ M°*' II to a maximum of 11.1X, Neva- . Iit O~ ( 2S7i JI ~ N~ ilt (
I;~~ j ► ~elc .i ~ Front ~ d f ~ thaesa. they should be as flat as „I at >re..a1 eoalble. ) ~ I f jail I bj I ~ ~ J f (C) where the 4' platform is not feasible ±he
/ _ 1. ~ ~ ~ I, width may be decreased to 3'.
C ~ S« Net. e k ►ooatr (0) The platform moy be diminated if A t h o»At~r d axe rNum the grade does not exceed 8.33X.
CASE C2
CASE C1 (Sidewdk less thou 5' wide) 45'
L \ Aael
I x t ,
x l sN Not. ) ~ 4111. ot~sdaroYt 4' M11. SM Not. 1 N I ~°A~~ • ~ ; I NI ~ ~ I
c•~-~- I ~ r - LIP DETAIL ~ '
~ ~a„ts~ ► ~ See Note fi ~~9 ! I tiSx 'V'm 'X' ~ '
~ ~ il= ~ wlc j I 3 0~ I I ~ a~ L- 1 l
~ MOretl. 3/4• fa11Cy0t ~ ~pora>t 1 ~ /Z' all A or 8J A or B I ~ i"~oo~9 o~ian of rang.
CASE Dl CASE D2 ~ r ~ ~ , . I ~ , '
See Note ~ • „ •a ~ ~ ~ . See Note 4 ~ E- ►/4•
Rrtaininq axis it naewrlwr ~
~ ~ GRQOVING DETAIL ~-r----~----- ~ I r
r- - -.~--j•-- ~ -1 --1 ....ore rs ~ t 4.7 n~ f; fa1111CIL OflT71
SECTION C-C JUNE x,1986 STANDA.RD 5.20-s6 r ~ auww
~.nord t r•aac.n.nt at B.J. 0. colllrotta'.t action uldew OtI1~17~ Ih0>till On ~ ~
~-cont►xt plena / HANDICAP RAPS o.M.L. ~ , _ ;nit of po7 . crrv carnll ~++a
~ounar~. ~ ~+ti. NONE
\ CITY OF BAKER ' ' - SFlELC
•~'1~ ~ CALlFORNfA S-4~
DETAIL H ~u ~ ~ Eh+GIINEERlNG DEPARTMENT
ST - 19
ALTERNATE LOCATION TO 8E TYPE B.S.S.
uSED WHEN THE SIDEwA~K Y 2`~ GALVANIZED P EXTENDS FROM THE CURB J IPE
TO THE PROPERTY LINE Q AS PER AMERICAN FENCE CO.
PARTICULARLY IN COMMERCIAL w
AREAS. ~ ~ I) ~
o w
ii O
~ ~ Y ~
(l Q
~ 11 m 2 0 -~I
is
~ ~ ~ ' II~ O ~ : ~
I ~ ~ IIIJ rho
-II 8"MIN. I ~ s~ '
~_J CLASS "8`~ PC.C..
M
APPROVED
MISC ELLANEOUS SIGN
DETAIL CITY ENGINEER
RECORDED 19.-. CITY OF BAKERSFIELD DATA l2/os/8.S . N 900K~AT PAG~._._ CA L I FO R N I A
DRAWN G•`• G ORl~iC1AL RECORDS OF
KERN COUNTY, cA~i~or<NfA ENGINEERING DEPARTMENT CHECxtDS L„~/~/.
PROPOSAL FOR
TRAFFIC SIGNAL ON HALEY STREET AT PANORAMA DRIVE
To the City Clerk of the City of Bakersfield
The undersigned, as bidder, declares that the only persons or parties interested in this proposal
as principals are those named herein; that this proposal is made without collusion with any other person, Term or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form
of contract and the plans therein ref erred to; and he proposes and agrees if this proposal is accepted, that he
will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all
the materials in accordance with the plans and specifications for the above, Tiled in the office of the Finance
Director of the City of Bakersfield and as .specified in the contract, in the manner and time therein prescribed,
and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default. in executing the required contract, with
necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract is
ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the property of
the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
Item ESTIMATED UNIT OF I'I~I UNIT PRICE EXTENSION
No. QUANTITY MEASURE figures) PRICE
(in figures)
1. Lump Sum Install Traffic Signal
Z. 320 SF ~ Miscellaneous
concrete Handicap
Ramp
SIGNED
Bidder ~ Company
Address
P.O. BOX
City State Zip Code
Area Code Telephone Number
License No. and Expiration Date
THE REPRESENTATIONSMADE HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Page 1 of 2
33
ITEM ESTIMATED UNIT OF T]CEM UNIT PRICE EXTENSION
QUANTITY MEASURE (in Figures) PRICE
N0. (in figures)
3. 10 EA Remove and
salvage Roadside
signs.
4. 1 EA Install
Roadside sign (GSP POST)
5. 1500 SF Remove
Traffic stripes and pavement
markings.
SIGNED
Bidder Total
Page 2 of 2
34
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit
Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all
Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the
correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth
as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the
item shall be used to determine the correct Unit Price in accordance with the following.
(1)
As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
(2j
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 Name Description. of portion
and Street .Address (City, State, Ziu} of work subcontracted
(attach additional sheets if needed)
35
TRAb'FIC SIGNAL ON HALEY STREET AT PANORAMA DRIVE
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID -
State of California )
}SS:
County of )
being Tirst 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 f alse or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any
manner, .directly or indirectly, sought by agreement, communication, or conference with anyone to fiat the bid price of the bidder or any other bidder or to ~ any overhead, proTit, 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_.
36
ccompanying s proposa is
(NOTICE: Insert the words "cash ($.,..........),""cashier's check," "certified check," or "bidder's bond," as the case may be),
in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IlV[PORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual
copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licensed in accordance with an act providing for the registration of
Contractor's License No
• .................•t1•••1......1..........1.....1....1...1....•.....f.....11.....1..........•.......11.............1........ •.....1..............•
SIGN
HERE
Signature of Bidder
OTE-•If bidder is a corporation, the legal name of the corporation shall be set forth above to ether with the si ature of the g ~
officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of
the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent,
other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Ci
tY Clerk of the City of Bakersfield pnor to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthonzed.
Business Address
Telephone No.
.
Place of Residence
Dated 19.....
37
(Not necessary if cash or certified check is with bid)
KNOW~ALL MEN BY TSESE PRESENT'S:
THAT WE~
as principal, and
as surety, are
held and ~ bound unto the City of Bakersfield, a body politic and corporate of the State of California,
in the sum of dollars to be paid to
Sald City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors .and
administrators, successors or assigns, jointly and severally by these presents.
TSE CONDITION OF TffiS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the
City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is acre ted the P by
Council of said City and if the above bounden principal, heirs, executors, administrators, successors and
assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and
shall execute and deliver the two bonds required by law, within ten days (not including Sunda. from the y)
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)
Page 1 of 2
STATE OF CALIFORNIA ~
~ ss.
COUNTY OF )
n this.___w___ 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/she subscribed the name of
thereto as surety, and his own name as Attorney in Fact.
IN ~Ii~ITNESS 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 far said County and State
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 9330.1
In accordance with the terms of Contract No. for:
, awarded on ,
between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides
for the installation of li~tin~ 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, material furnished, or
method of installation, or should said system or any part thereof failto operate properly, as planned, due to any of
the above causes, all within (1} year after date on which said contract is accepted by the City, the undersigned agrees
to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated
in said contract, including the cost of any equipment or materials replaced, or, upon demand by .the City, to replace
` any such- equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have
such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the
City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City. elects
to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made
and such materials as are necessary shall commence to be f urnished and installed within Twenty-Four (24) hours of the date specified in the Cit~r'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 not' 'cation.
Said system will be deemed defective within the meaning of this guarantee in the event that
they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and
specifications included in said contract.
Date Contractor's Signature
Firm
Address
40
GUARANTEE
~~Rr~, ~ woRl~►~vs~
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
awarded on , between the City or Bakersfield {hereinafter referred to as "City"}, and the undersigned, which contract provides for the
installation of
and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said
facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or
materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one {1} year from the date of acceptance of the above
named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our own
cost and expense, any work and/or materials that we may disturb or displace in making good such defects.
Within twenty-four {2} hours after being notified in writing by the City or the City's representative, or the agent of
either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work
necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the
a~g~ent 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.
DATE
Contractor's Name
Authorized Signature
41
HOLD ~ SS AGREEMENT
CITY OF BAI~RSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless
the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorne s
y
fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for
damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or
persons, or on account of damage to property arising out of or in consequence of
(Agreement name}
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the
.City), defend the City of Bakersfiield with appropriate counsel and shall further bear all costs and expenses,
including the expense of counsel, in the defense of any suit arising hereunto
DATED
Contractor's Name
Authorized Signature
42
SAMPLE SAMPLE
CONTRACT N0.
INSTALLING~A TRAFFIC SIGNAL AND LIGHTING SYSTEM
THIS AGREEMENT, made and entered into on , by and between the
CITY OF BAKERSFIELD, a municipal corporation, hereinafter called
"City," and , hereinafter called "Contractor";
WITNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On ,the contract was awarded to Contractor
upon his properly executed bid; and
WHEREAS, one of the conditions of said award required a formal contract to be executed by and
between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
ARTICLE I .
Contractor agrees to furnish supplies, equipment, labor and materials for
within the City of Bakersfield.
ARTICLE II
The following shall be deemed to be part of this contract as if fully set forth .herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. .Performance Bond
b. Material and .Labor Bond 7. Letters of transmittal, if any
8. All provisions. required by law to be inserted in
this contract whether'actuallyinserted or not.
9. Hold Harmless Agreement
10. Current PWI (if required by Specifications)
-1-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the
day and year first-above written.
. CITY OF BAKERSFIELD
By
Mayor
(NAME OF CONTRACTOR) .
By
Contractor
APPROVED A5 TO FORM:
By . City Attorney
COUNTERSIGNED:
By
Finance Director
.2_
44
jTo be completed by the Contractor,. if he elects to substitute secur~r'es in Lieu of retentionJ.
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW
AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whoseaddress is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option
to deposit 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 earnin s, the Escrow A ent shall
. 9 g 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 feast equal to the cash amount. then. required to be withheld as retention under the terms of the Contract
between the Owner and Contractor. Securities shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the
form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit
of the Owner until such time as the escrow created hereunder is terminated. -
-1-
45
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 Mme
and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents
to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven
(7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is~ final and complete, and that
the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The
escrow shall be closed immediately. upon disbursement of all moneys and securities on deposit and payments of
fees and charges.
9. Escrow Agent shall rely on the written notifications from. the .Owner and the Contractor pursuant to Sections
~4) to (6}, inclusive, of this 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
-2-
46
an behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed -this Agreement by their proper officers on the date first set
forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
NOTE: THIS PART SHALL REMAIN ~ IN EFFECT ONLY UNTIL JANUARY 1,1992, AND AS OF THAT DATE IS
REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS CHARTERED ON OR BEFORE JANUARY
1,1992, DELETES OR EXTENDS THAT DATE.
-3-
47 r
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter
designated the. "Owner," has, on (DATE OF AWARD, 19 ,awarded to NAME OF
CONTRACTORI, 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 P,~ ROJECT
_DESCRIPTION~; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and(LEAVE BLANK FOR BONDING COMPANY),
as Surety, are held and firmly bound unto the Owner in the sum of j100°~ OF AMOUNT AWARDED
~AT COUNCIL MEETING}
lawful money of the United States, for the, payment of which sum, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE. CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all. things stand to and
abide by, .and well and truly keep and faithfully perform the covenants, conditions, and agreements
- in the said contract and any alterations made as therein. provided, on his or their .part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
. intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as
therein stipulated, then this obligation shall become null and -void; otherwise it shall be and remain
in fu11 force and virtue. and. Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one (1 }year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his or its heirs,
executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory
repair and replacements or totally protect the -said Owner from loss of damage made evident during
said period of one 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 fu11 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.
Page l.of 2
48
`1
i~
And the said Surety, for value received, hereb sti ulates
and a rees that n ~ ~ Y p g o change, extension of time, alteration, or
addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the
work or to the specifications. Said Surety hereby waives the
provisions of Sections 2819 and 2845 of the Civil Code of the
State of California.
As a part of the obligation secured hereby and in addition
to the amount specified therefor, there shall be included costs and reasonable expenses and fees,. includin reasonable attorne 's
g Y .fees, incurred by the Owner in successfully enforcing such
obligation, all to be taxed as costs and included in
any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have
executed this instrument under their seals this
day o f , 19_, ~ the name and corporate seal of each corporate .party being hereto affixed and
these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
v
Principal
{Seal} Signature for Princi al Title
p
Surety
{Seal)
Signature for Surety Title
{Attach notarization form for each required si nature.. g }
Page 2 of 2
49
\ This bond shall insure to the benefit of the Owners and an and Y
all persons, companies, and corporations and their respective
assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181,
so as to give a right of action to them or their assigns in any _
suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition
of the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in.
any way, affect its obligations of this bond,~and it does hereby
waive notice of any change, extension of time, alteration, or
addition to the terms of the contract or to the work or to the
specifications. Said Surety hereby .waives the provisions of
Sections 2819 and 2845 of the Civil Code of the State of
California.
IN WITNESS WHEREOF, the above bounded parties have
executed this instrument under their seals this day of
19 , the name and corporate seal of each
corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of
its governing body.
• Principal
(Seal)
Signature for Principal Title
Surety (Seal
Signature for Surety Title.
_2_
51