HomeMy WebLinkAbout1992 Special Provisions Project 81007-001COPY NO.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR t vl.
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TRAFFIC ~ICNAL aN DISTRICT BLVD.. AT GQSFORD ROAD
BID OPENING:
NOVEMBER 20, 1992
. 11:00 A.M.
PROJECT N0. 81007
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~ DEPARTMENT OF PUBLIC WORKS ~
_ CITY OF BAKERSFIELD CIV~~ $'C~
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BAKERSFIELD, CA 93301 ,a
Telephone: X805} 326-3724
D19:81007 '
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ADDENDUM N0. 1 November I0, 1992
PROJECT: Traffic Signal On District Blvd at Gosford Road
BID .OPENING DATE: November 20, 1992
11:00 AM
. NOTICE TO ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following changes and/or
additions to the plans and specifications. Such changes and/or
additions are hereby made apart of the plans and
specifications and shall take precedence over anything to the
contrary therein.
REVISION:
PLANS
A. Note 8 should read: "Street name signs are furnished and installed
by City." Delete all reference to sign hangers.
B. Conduits 25 & 26 contain two #2 service wires onl .
y
C. Conduits 28 thru 42 contain a single cable containing 3 pair of
# 20 awg wires as specified in para~ 1-2.15 of the Specifications.
SPECIFICATIONS
A. Proposal page 2, item 5 should read:
"5 Ea. Roadside Sign (GSP Post}."
.See Attached.
B. Proposal page 2, item 6 should read:
"506 SF Miscellaneous Concrete (Sidewalk}," See Attached.
NOTE: All Contractors bidding this work shall denote in their proposal that
they have received Addendum No. 1 and bids shall reflect these
revisions.
APPROVED BY
~ - ~
I~~
Ste hen Walker Darlene Wisham
Traffic Engineer Purchasing Officer
PAGE 1 of 1
ITEM ESTIMATED UNIT OF ITEM ~ UNIT PRICE EXTENSION
QUANTITY MEASURE (in Figures) PRICE
N0. (in figures}
3: 1,249 SF Remove
striping
4. 6 EA. Remove
Roadside sign
5, 5 EA Roadside sign
{GSP Posh
6, 5pfi SF Miscellaneous
concrete
(sidewalk)
SIGNED TOTAL
Page 2 of 2
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit
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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 Ha11,1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M, on NOVEMBER 20,
1992 to Abe publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
TRAFFIC SIGNAL ON DISTRICT BLVD. AT GOSFORD ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the
office of the Purchasing Officer by pasting a refundable deposit of ZERO DOLLARS ~$-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 X21) 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 proposed work. shall be done in accordance with the Standard Specifications of the
Department of Transportation, Business and Transportation Agency, dated July, 1992, 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 note 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
The work to be performed consists, in general, of the installation of a traffic signal system
on District- Blvd. at Gosford Road,
CITY OF BAKERSFIELD
EDGAR W. SGHULZ
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
Specifica#ions, July 1992" as referenced herein, insofar as the same may apply, which specifcations
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
6akersfield.
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 July, ,1992.
State -The City of Bakersfield.
State Contract Act. -Chapter 1, Division- 2 of the Public Contract Code. The provisions of
this act do not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the
special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of
the Standard Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield,
California, will receive at her office, City Ha11,1501 Truxtun Avenue, in said City, until 11:00 o'clock
A.M. on NOVEMBER 20.1992 sealed proposals for
TRAFFIC SIGNAL ON DISTRICT BLVD. AT GOSFORD ROAD
2.1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to
be done and materials to be furnished are approximate only, being given as a basis for the
comparison of bids, and .the City of Bakersfield does not expressly or by implication agree that the
actual amount of work will correspond therewith, but reserves the right to increase or decrease the
amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer,
2.1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND
SITE OF wORK.~ The bidder is required to examine carefully the site of work, the proposal, plans
and specifications, and contract forms. It will be assumed that the bidder has investigated, and is
satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be
performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be
considered prima facie evidence that the bidder has made such examination.
2.1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of farm, 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 beobtained
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 propose! 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.Ofi 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.
' .
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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 1/2 of one percent of his total bid or $10,000,
whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act,
commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other
provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to
provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal
funds,
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown on the drawings or shown on the drawings and not
mentioned in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work
which are .manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility
for furnishing such omitted materials or performing such omitted .work; but shall be furnished or
performed as if fully shown or described in the drawings ~or specifications,
2-1.09. WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to
the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid
filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a
new bid, Whether or not bids are opened exactly at the time fixed in the public notice for opening
bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in
the: public notice for the opening of bids.
2.1.10 PUBLlC OPENING OF PROPOSALS. Proposals will be opened and read publicly
at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2.1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract
Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the
requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the
Department written. notice within 5 days after the opening of the bids of the alleged mistake,
specifying in the notice in detail how the mistake occurred,
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,
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including for the purposes of this article, the Regents of the University of
California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article
by requiring the person to submit a statement under penalty of perjury
declaring that neither the person nor any subcontractor to be engaged by the
person has been convicted of any of the offenses referred to in this section
within the preceding three years.
A form for the statement required by Section 10285,1 is included in the proposal.
2.1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual,
firm, partnership, corporation, or combination thereof under the 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 ro osals may be rejected, Proposals in which the prices obviously are unbalanced may be
pp rejected.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3.1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest
responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3.1.02 AWARD OF CONTRACT. The award of the con#ract, 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 XIV, Chapter 2, Article 6 of the California
Code of Civil Procedures, One of the said bonds shall guarantee the faithful performance of the said
contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the
contract price. The other of the said bonds shall be in an amount of fifty percent (50%) of the
contract. price and shall guarantee payment to 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 may be made of .
the Contractor for such further bond or bonds or additional surety, not exceeding that originally
required, as is considered necessary, considering the extent of the work remaining to be done.
Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract .shall be signed by the successful
bidder and returned, together with the contract bonds within ten (10) days, not including Sundays,
after the bidder has received notice that the contract has been awarded, No proposal shall be
considered binding upon the City until the execution of the contract, All contracts shall be
considered as being made and entered into in the City of Bakersfield, California. .
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Failure to execute a contract and file acceptable bonds as provided herein within ten (10)
days, not. including Sundays, after the bidder has received notice that the contract has been
awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal
guaranty.
3.1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of
the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All other proposal guarantees wilt be held until the contract
as been final) executed, after which they will be returned to the respective bidders whose h y
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,
"Be inning of Work," Article 8-1.06, "Time of Completion",and Article 8-1,07, "Liquidated Damages," of 9
the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications,
is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving written
notice to proceed. The Contractor shall diligently prosecute the same to
completion before the expiration of 40____ working days.
Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed,
whichever comes first.
The Contractor shall a to the City of Bakersfield the sum of $200.00 per day for each, pY
and every calendar day's delay in finishing the work in excess of the number of working ays
prescribed above. ~ .
Full compensation for conforming to the requirements of above paragraph shall be
considered as included in the prices paid for the various items of work and no additional allowance
will be made therefor.
The Contractor shall furnish the Engineer with a statement form 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, Said statement shall show the date or dates the electrical
materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all
components necessary for operation of the. signal system are on hand. The Contractor
will be ranted an extension of time and will not be assessed with. liquidated damages or g
• the cost of engineering and inspection for any portion of the delay in completion of the
work caused by manufacturing time should approval be given to begin prior to delivery of ail signal system components. The number of days extension sha{I 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 whiting.
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SECTION 5. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract
Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not
governed by the provisions of the State Contract Act. The adoption and use of the Standard
Specifications in the performance of the work called for ~n this .contract shall not be construed as an
election by the City to proceed under Section 20396 of the Public Contract, Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any
form although they may do so upon written agreement). ,
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work
exceeding an amount of $10,000 or which, together with all other previously approved change
orders for that contract exceeds twenty-five percent (25%) of the original contract amount, must be
authorized by the City Council.
5.1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section
5, "CONTROL OF WORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended
by adding the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the
Engineer shall be approved by the Engineer before any work involving these plans shall
be performed, unless approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding
the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in
order to detect any variation from a straight grade, and in case any such discrepancy
exists, it must be reported to the Engineer. If such a discrepancy is not reported to the
Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard
Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his
re uirements in writin a reasonable length of time in advance of starting operations that require q g
such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable
length of time.
Section 5-1.08, "Ins ection" of the Standard Specifications is amended by adding the
p following paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he
shall give due notice. to the Engineer, so that proper inspection may be provided. Any work done in
the absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code commencing with Section 1720), Contractor agrees that in performing said work, by
himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor
. shall be a week's work, and that Contractor shall keep an accurate record showing the name and
actual hours worked for all workers employed in said work, and that said record shall be kept open
at all reasonable hours for ins ection pursuant to Section 1812 of the Labor Code. The Contractor p
and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the
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' ' rate for holida and overtime to all workers employed in the construction of this general prevailing Y
ro'ect. The revailing rate for each craft, classification or type of work is determined by the Director pJ p
f the California De artment of Industrial Relations, and his schedule of prevailing rates is on file and o p
vailable for ins ection in the Public Works Department. The schedule is incorporated herein by this a p
eference, The Ci shall have the right to inspect payroll records during normal working hours and r tY
.a{I have the ri ht to uestion workers at any time concerning the wages being paid. Contractor sh g q
shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or
portion thereof:
a, FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less
than the amount to which he is entitled under said general prevailing rate of wages; and
- E DOLLARS $25 ursuant to Section 1813 of the Labor Code, per worker b. TWENTY FIV ( ) p
required to work more than eight (8) hours per day or more than forty (40) hours per
week, except as provided in Section 1815 of the Labor Code.
5.1.05 .PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll
Records " of the. Standard Specifications is deleted and shall not apply to this contract.
- 6 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), 51.0 ial rovisions.
"Labor Nondiscrimination, of the Standard Specifications and these spec p
Attention is also directed to the requirements of the California Fair Employment and
Housin Act Government Cade Sections 12900 through 12996), to the regulations promulgated by 9 (
the Fair Em to merit and Housing Commission to implement said Act, and to the nondiscrimination, pY affirmative action and equal employment opportunity requirements in the special provisions.
5-1.O1 APPRENTICES. The Contractor's attention is directed to Article 7-1.01 A(5),
" rentices " of the Standard S ecifications. All Contractors and Subcontractors shall comply with App p latin to the em to merit of
the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 re g p Y
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:
A co of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
1 pY PUBLIC WORKS." This re uest shall be TO EMPLOY AND TRAIN APPRENTICES ON q
submitted to the local De artment of Industrial Relations, Division of Apprenticeship p
Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2, A co of an approval to employ and train apprentices from the local Department of pY
Industrial Relations, Division of Apprenticeship Standards.
roof of a Collective Bar ainin Agreement with the Joint Apprenticeship Committee 3. P g g
providing for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield
Purchasin Division, within two (2~ working days following the bid opening. g
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5.1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS x$25,000) for excavation of any trench or trenches five feet or
more in depth, the Contractor or his Subcontractor shall not begin any trench excavation
unless a detailed plan, showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been
approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction
Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or
Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or
protective system less effective than that required by the Construction Safety Orders of the Division
of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding. body or
any of its employees. ,
The terms "Public Works" and "Awarding Body," as used in this section, shall have the
same meaning as in Labor Code Sections 1720 and 1122 respectively.
5.1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the
rovisions in Section 7-1.011, "Sound Control Requirements," of the Standard Specifications and p
these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M, and
.00 A.M ,shall not exceed 86~ dbA at a distance of 50 feet. This requirement in noway 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 shat{ be considered
as included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefor.
5.1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful
prosecution of the. work from any and all governmental organization which require such permits,
licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to
4;3_ 0 P,M. Any deviations must be requested and in writing and directed to the Construction Engineer
at the Pre-Job Con#erence. Written approval from the Construction Engineer is required for work
beyond these limits. Any time work proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be,withheld
from contract retention.
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5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
existin and future State and National laws and all municipal ordinances and regulations of the City 9
of Bakersfield which in any manner affect those engaged or employed in the work, or the materials
used in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the same.
5.1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required
certificates of insurance have been filed with and approved by the City Risk Manager and the Public
Works Department, nor shall the Contractor allow any Subcontractor to commence work on his .
subcontract until said certificates of insurance have been filed and approved by the City Risk
Manager and the Public Works Department. Contractor shall be responsible for any deductibles
under all required insurance policies.
5.1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the
City, its officers, agents, employees and volunteers from all claims, demands, damages,
judgments, costs or expenses in law or equity that may at any time arse from or related
to any work. performed by the Contractor, his agents, employees or subcontractors under
the terms of this agreement and shall execute and return with the executed contract.
documents and bonds the "Hold Harmless Agreement," a copy of which is attached
hereto.
5.1.138 INSURANCE. In addition to any other form of insurance or bond required under
the terms of this agreement and specifications, the Contractor shall procure and maintain
for the duration of this agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily
injury, including death, of one or more persons, property damage and personal injury, LL with limits of not less than one million ($1,000,000) per occurrence; and
The automobile, liability policies shall provide coverage for owned, non-owned and hired
autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or.more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence. '
The liability policies shall provide contractual liability coverage for the terms of this
agreement,
The liability policies shall contain an additional insured endorsement in favor of the City,
its mayor, council, officers, agents, employees and volunteers;
Workers' compensation with statutory limits and employer's liability insurance with limits
of not less than one million ($1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in
favor. of the City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects
the City, its mayor, council, officers, agents, employees and volunteers and any insurance or
self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers
shall be excess of the Contractor's insurance and shall not contribute with it.
12~
All olicies shall contain the following endorsements: p
An endorsement roviding the City with ten (10) days written notice of cancellation or p
material change in policy language or terms.
If an art of the work under this agreement is sublet, similar insurance shall be provided Yp
by or on behalf of the subcontractors to cover their operations.
' re uired under this a reement shall be maintained until all work required to The insurance q g
be erformed under the terms of this agreement is satisfactorily completed as evidenced p
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.
• .14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor 51
shall rovide the City with the foreman's or superintendent's name who will be in charge of this p
project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.1 fi5 "Dams e b Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is
g Y . deleted and shall not apply to this contract.
5.1.16. WORK IN CITY STREETS. All of the work shown on the plans and included in
theses ecifications that is located in the public streets in the City of Bakersfield shall be done in p
accordance with City Ordinance regulating the use of public streets within the City, except as
otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City
rintendent of Streets of the Cit of Bakersfield. and shall conduct his operations in Engineer and Supe Y
compliance therewith.
RIGHT OF WAY. The ri ht of way for the work to be constructed will be provided 51.17 9
the Ci .The Contractor shall make his own arrangements, and pay ail expenses. for additional by ~ ~ less otherwise rovided in the special area required by him outside of the limits of right of way un p
provisions,
OF CONTRACT. If at an time in the opinion of the City Council, 51.18 SUSPENSION Y
the Contractor has violated- any terms of this contract, failed to supply an adequate working force, or
material of ro er ualit , or has failed in any other respect to prosecute the work with the diligence p p q Y
nd forces ecified and intended in and by the terms of the contract, notice thereof ~n writing will be a p
served u on him, and should he neglect or refuse to provide means for a satisfactory compliance p with the contract as directed by the Engineer, within the time specified in such notice, the City
Council in an such case shall have the power to suspend the operation of the contract. Upon Y
receivin notice of such sus ension, the Contractor shall discontinue said work, or such parts of it g p
as the Cit Council ma designate. Upon such suspension, the Contractor's control shall terminate, Y Y
and thereu on the Cit Council, or its duly authorized representative; may employ other parties to p Y
car the contract to completion, employ the necessary workmen, substitute other machinery or ry
materials and urchase the materials contracted for, in such manner as the Engineer may deem p ro er~ or the Cit Council may annul and cancel the contract and re-let the work or any part
p p ~ Y ereof. An excess of cost arising therefrom over and above the contract price will be charged th Y therefor. In the event of such suspension,
against the Contractor and his sureties, who will be liable
I mone due the Contractor or retained under the terms of this contract shall be forfeited to the al Y reties from liabili or failure to fu~il!
City; but such forfeiture will not release the contractor or his su tY
13
the contract. The Contractor and his sureties will be credited with the amount of money so forfeited
toward any excess of cost over and above the contract price, arising from the suspension of the
operations of the contract and the completion of the work by the City as above provided, and the
Contractor will be so credited with any surplus remaining after all just claims for such completion as
determined by the Engineer have been ~ paid.
In the determination of the question whether there has been any such non-compliance
with the contract as to warrant the suspension or annulment thereof, the decision of the City Council
shall be binding on all parties to the contract.
5.1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to ,unsuitable
weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the
Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall
immediately obey such order of the Engineer and shall not resume the work until ordered in writing,
by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and
9.1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any, materials on hand which are furnished but not
. incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of
Article. 9-1.078, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the
whole or any part of any certificate for payment, to such extent as may be necessary to
protect the City from loss due to causes including but not limited to the following:
` a. Defective work not remedied;
b, Claims filed or information reasonably indicating probable filing of claims;
c. .Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any
unpaid balance; .
e. .Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount
withheld.
The fifth paragraph in Section 9-1.078, "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.
14
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
amounts to be retained under the provisions of the contract. All prior partial estimates and all
ayments shall be subject to correction in the final estimate and payment. The final payment shall p
not be due and payable until the expiration of thirty X30) days from the date the "NOTICE OF .
COMPLETION" is recorded at the County Recorder's ,Office and after execution and return by the
Contractor of the attached GUARANTEE when applicable. .
It is mutually agreed between the parties to the contract that no certificate given or
a ments made under the contract except the final certificate or final payment, shall be conclusive pY
evidence of the performance of the contract, either wholly or in part, against any claim of the party of
the first part, and no payment shall be construed to be an acceptance of any defective work or
improper materials,
And the Contractor ,further agrees that the payment of the final amount due under the
contract, and the adjustment and .payment for any work done in accordance with any alterations of
he same shall release the City, the City Council, and the Engineer from any and all claims or t ,
liability on account of work performed under the contract or any alteration thereof.
5.1.22 INCREASED OR DECREASED QUANTITIES. The word "compensationN in the
followin ara raphs of the Standard Specifications is replaced with the words "unit price". 9P 9
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.08, "PAYMENT".
Second paragraph of Section 36-1.07, "PAYMENT".
Tenth paragraph of Section 39-8,02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his
workers and subcontractor's well-being and their education of handling hazardous materials when
hazardous materials are encountered during this project.
SECTION 6. CONTROL OF MATERIALS
6.1.01 GENERAL. Control of materials shall conform to the provisions in Section 6,
"Control of Materials," of the Standard Specifications and' these special provisions.
At the o tion of the Engineer, the .source of supply of each of the materials shall be p
approved by the Engineer before delivery is started and before such material is used in the work.
Re resentative preliminary samples of the character and quality prescribed shall be submitted by the p
contractor or producer of ali materials to be used in the work, for testing or examination as desired
by the Engineer.
. All tests of materials furnished by the contractor shall be made in accordance with
commonly recognized standards of national organizations, and such special methods and tests as
are prescribed in the specifications.
6.1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or
dis osal sites used by the Contractor to produce or dispose of material for this project shat! comply p re uirements in the Standard S ecifications and these special provisions. All provisions for , with the q p
water ollution, and sound control that apply within the limits of the contract shall apply to all borrow p
or disposal sites utilized by the Contractor.
15
Upon completion of the work, all such sites and. haul roads shall be graded and treated
so that, at the time of final inspection of the contract, they will drain, will blend with surrounding
terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor.obtains necessary permits for borrow, disposal or material sites from the
authority having jurisdiction or from the appropriate pollution control boards and such permits
contain requirements which conflict with the requirements in the first and second paragraphs of this
section, .the requirements of the permits shall govern over the conflicting requirements of this section
provided the permit requirements have been approved by the Engineer.
. Full compensation for complying with the requirements for borrow, disposal and material
sites in this section shall be considered as included in the contract prices paid for the items of work
which require the use of the sites and no additional compensation will be allowed therefor,
fi-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6.1.07,
"Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling .and testing, if accompanied by a Certificate of
Compliance.
SECTION 7. CONSTRUCTION DETAILS
SECTION 7.1 GENERAL
7.1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section
5-1.05, "Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed
into operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied
in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart
on curve nor more than 20 feet apart on tangents. Reflective traffic. line -tape shall be applied in
accordance with the manufacturer's instructions. Temporary delineation shall be the same color as
the permanent delineation. Full .compensation for temporary delineation shall be considered as
included in the paces paid ,for the contract items of work that obliterated the existing delineation and
no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered .
with cardboard or other .material with an observation hole (max. 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 facilities and other
improvements that are to remain in place within the construction area or that are to be relocated and
relocation operations have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and 7-1,12, "Responsibility for Damage," of the Standard
Specifications, the Contractor will be liable to owners of such facilities and improvements for any
damage or interference with service resulting from conducting his operations. The exact location of
16 .
underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services.
Other forces may be engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his
operations in such a manner as to avoid any unnecessary delay or hindrance to the work being
performed by other such forces,
Any delay to the Contractor due to utility relocation whether. or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract
time commensurate with such delays may be allowed.
At locations where irrigation systems exist, the irrigation systems shall be protected by the
Contractor. Any damage to irrigation systems shall be repaired by the Contractor at his own
expense.
Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at~ all times along the
project. It will be the responsibility of the Contractor to provide for handling of said water and any
expense involved 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 ofthis
article shall be considered as included in the prices paid for the various items of work and no additional
compensation will be made therefor.
7.1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs,
lights, flags and other warning and safety devices when performing work which interferes with or
ndangers the safe. movement of traffic on any .street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the ~t
requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices
for Use in Performance of .Work Upon Highways," published by the State of California, Department of
Transportation. Application and use of devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact.. location and progress of the work and shall notify them immediately of any streets impassable for
fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the
Standard Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
GOSFORD ROAD NORTHBOUND 9:00-4;30
GOSFORD ROAD SOUTH6OUND 9:00.4;30
DISTRICT BLVD EASTBOUND 9:00-4:30 DISTRICT BLVD WESTBOUND ~ ~ 9:00-4:30
Where construction operations are actively in progress, a minimum of one traffic lane, not less than
twelve feet in width, shall be open for use by public traffic, Where construction operations are not
17
actively in progress not less than two such lanes shall be open for use by public traffic. Public
traffic may be permitted to usethe shoulders and, if half-width construction methods are used, may
also be permitted to use the side of the roadbed opposite to the one under construction. No
additiona! compensation will be allowed for any shaping of shoulders necessary for the
accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered
by the Engineer, the Contractor shall, at his own expense,. furnish, install and maintain construction
area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole
convenience and direction of public traffic. Also, where directed by~the Engineer, the Contractor
shall furnish competent flagmen whose sole duties shall consist of directing the movement of
public traffic through or around the work, When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall befurnished, 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.
f;
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made
therefor.
7.1.04 EXISTING HIGHVIIAY FACILITIES, The work performed in connection with various existing
facilities shall conform to the provisions in Section 15, `'Existing Highway Facilities," of the Standard
Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs
and street markers shall be relocated and maintained during construction so as to convey the same
intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the
Contractor's forces prior to completion of construction. Signs removed from~the project area shall be
delivered to the City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements ofthe two preceding paragraphs
shall be considered as included in the prices paid for the various items of work and no additional
allowance will be made therefor.
Removal of roadside signs shall be performed as specified in Section 15-2.02 of the Standard
Specifications and these special provisions, or as directed by the Engineer.
MEASUREMENT AND PAYMENT. All pertinent activities, materials, supplies, and equipments
used to effect the removal of roadside signs shall be paid for at the contract per unit for the removal of
roadside signs.
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
pavement by any method that does not materially damage the surface or texture of the pavement or
surfacing. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings,
the area shall be shielded so that no material from the blasting operation is allowed to enter the area
that is open to public traffic. Sand or other material deposited on the pavement as a result of removing
traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other
material which might interfere with drainage or might constitute a hazard to traffic will not be permitted.
18
Traffic stapes shall be removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths,
Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or
markings, so the old message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal. coat shall be applied in
conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following.. .
In traffic stripe removal areas, the fog seal coat shat! be applied over the traffic stripe removal area
and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned
traffic stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
In areas of .removal where excess gouging has occurred, as determined by the Engineer, the
gouged pavement shall be repaired utilizing a sheet asphalt patch as directed by the Engineer.
Full compensation for furnishing and applying fog seal coat as 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 asprovided
in Section 7-1.09, "Public Safety," of the Standard Specifications,
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the
width of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured as painted traffic stripe, Quantities of pavement markings removed will be
determined by the actual size of the rectangle measured in square feet,
Removing of traffic stripes will be paid for at the contract unit price per square foot far 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.Ofi 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 signs shall conform to City Standard T-19. Where sign posts are placed within concrete sidewalk, the sidewalk shall be core drilled. Roto hammering or other similar
methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits
required to form a neat finish as directed by the Engineer.
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract
per unit for install roadside signs (GSP Post), installation of one or.more sign panels mounted on a
single post shall be counted as one roadside sign (GSP Post).
7.1.07 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section
56, "Signs," of the Standard Specifications and these special provisions.
19
Mast-arm hangers for street name signs will be furnished and installed by the City. .
Street name signs will be furnished and installed by City of Bakersfield using mast-arm hanger
methods such as Hawkins MIOJ Series swinging sign bracket, with return spring removed, or acceptable
equal.
Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shat! be
furnished and installed by the Contractor in accordance with the plans and these special
provisions. Compensation for overhead signs shall be considered included in the respective
contract lump sum price or prices for signal, flashing beacon, or combination thereof.
7-1.08 TRAFFIC DELINEATfON. Immediately after resurfacing operations or when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during the
same work period, and in no case later than 7:30 a.m. following such work period.
Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4
inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no
more than 10 feet apart on curves. Apply reflective traffic line tape in accordance with the
manufacturer's instructions. Temporary delineation must be the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to
applying asphaltic emulsion tackcoat for asphalt concrete overlay.
A striping plan will be made available to the Contractor when traffic delineation is to be
modified by the City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the
prices paid for the various items of work, and no separate payment will be made therefor.
7.1.09 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs,
M 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 PAYMENT.
Quantities of minor concrete wheelchair ramp} shall be measured and paid for at the contract
price per square foot of minor concrete (sidewalk}.
SECTION 7. CONSTRUCTION DETAILS
SECTION 7.2 TRAFFIC SIGNALS AND LIGHTING
7.2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new
foundations and shall furnish the appropriate nuts and washers .for existing, foundations to be reused.
7-2.01 CONDUIT, Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
20
Conduits may be installed by either jacking/drilling or open trench methods. Installation using
jacking or drilling shall conform to Section 86-2.05C, "Installation," of the Standard Specifications.
Qpen trench installation shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement
. in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to
placement of conduit. The top of the installed conduit shall be a minimum of 12 inches ,
below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled
with a one (1) sack slurry cement backfill. Slurry cement backfill shall be placed to within
0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with asphalt, concrete produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphal# concrete, paint binder shall be applied as specified in Section
39-4;02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and
compacting of asphalt concrete shall be performed by any method which will produce an
asphalt concrete surface of uniform smoothness, texture, and density..
~4. All excavated areas in the pavement shall be backfilled by the end of each work day.
Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20
feet until such a time as the permanent asphalt surface is placed,
Dependent upon adverse soil conditions or other circumstances encountered at the time of
construction, the Engineer may specify which of the above methods may be used.
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull
Boxes," of the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 CQNDUCTORS AND ,WIRING. Conductors and wiring .shall conform to the provisions
in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions.
CONDUCTORS -The Contractor shall use multi-conductor
electrical cables for all circuits except between the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on
Standard Plan ES 13.
Splices shad! 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 Phase Volts Branch Metered
1 60 `1 110 Traffic Signal Yes
2 30 1 110 Lighting No
21
*3 30 1 110 ~ Flashing Beacons Yes
* Provided where flashing beacon is ,included with the traffic signal,
The Engineer will arrange with the serving utility to complete sen~ice connections to
service points shown on the plans and will pay all required costs and fees required by the utility,
7.2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14,'"Testing," of the
Standard Specifications and these special provisions.
The signal shall not. be placed in flashing mode, with signal faces uncovered, prior to
Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section
86 2.14C "Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project
as described in SECTfON 4, "BEGINNING OF WORK, TIME 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
86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor,
. All signal faces shall. be provided with 12-inch sections,
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications, shall be amended to read as follows;
.Post top slip-fitters and terminal compartments shall be cast bronze.or hot-dip ,
galvanized ductile iron.
7.2.08 PEDESTRIAN SIGNALS, Pedestrian signals ,shall conform to the provisions in
Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special
provisions,
. Pedestrian signals shall be Type C, and shall have energy efficient heads equivalent to
Indicator Controls Corporation Model 40946.
7.2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86.6.01,
"High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions,
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattages as shown on the plans.
An in-line fuse shall be located in the pull box.
7.2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the
.provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these
special provisions.
22.
Each luminaire shall be provided with a Type IV photoelectrical
control.
7.2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish
- the controller and cabinet assembly for each location. The central pad on the Foundation Detail in
State Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12".
7.2.12 DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors,N of the Standard Specifications and these special provisions. Location and layout of
detector loops shall be as directed by the Engineer,
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-5.01 A (4},
"Construction Materials," of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall .conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the
splice must be soldered and completely waterproof. Connect one end of the shield to
earth ground (at cabinet) and insulate the other end with no possible path to earth
ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be
crimped and soldered to the. conductor.
INSTALLATION DETAILS; Installation details shall conform to the provisions in Section
86-5.01 A (5), "Installation Details," of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed. in slots cut in the .pavement, the slots shall be filled with epoxy
sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to
within 1/8 inch of the pavement surface, The sealant shall be at least 1/2 inch thick above the top
conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road
surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following
materials:
1. An elastomeric sealant conforming to Section 86-5.01 A (5) of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-5.01A (5) of the Standard Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number
(e.g. - 6J2L, 8J8U, 315U, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric
Ty Rap, Catalog No, TY5532 or approved equal}, ,
Detector loops in concrete pads shall be sealed with epoxy sealant.
23
7.2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form
attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a
period of one (1) year from the date of acceptance of the work. The guarantee, properly executed,
shall be filed with the City before notice of completion and final acceptance is made by the City of
.the work described on the plans and these special provisions,
7.2.14 PAYMENT. Payment for signals and lighting shall conform to the ,provisions in Section
86-8, "Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as
included in the contract lump sum price paid for the item requiring foundations and no separate
payment will be made therefor. .
7.2.15. TRAFFIC SIGNAL INTERCONNECT. Wiring .for traffic signal interconnect shall be #20
. AWG 3 pair, with each pair individually shielded, with a #22 AWG tinned copper drain wire and the
whole to be polyethylene jacketed, such as Atlas Wire & Cable Corporation #A-778.
PAYMENT. Full compensation for installing traffic signal interconnect conduit including pull
boxes will be considered as included in the price paid per lineal foot of traffic signal interconnect, and no separate payment will be made therefor. Full compensation for the installation of
interconnect wiring will be considered as included in the lump sum item for the Traffic Signal System
and no separate payment will be made therefor.
s
24
8040-41 A-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 Specifications 1988
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements
for Protective Coatings.
Code of Federal Regulations, Hazardous Materials and Regulations Board,
Ref. 49CFR.
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsifed
bitumen. It will be the manufacturers responsibility to produce aone-component product
to meet the properties .specified herein. ,
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70
Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
25
Asphaltic Emulsion Inductive Loop Sealant .
8040-41 A-15
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Broo~ield viscosity, Poise 50 to 125 a RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 5deg.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
inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
,3.3.4 Slant-shear strength to concrete, psi, 150m~niYxxn,
Use California Test Method No. 434, Part VIII. Space with no loss
* damp blocks with 0.25 inches between slant faces, seal a# adhh~sion to
sides and bottom with tape 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 2deg.F before
testing. Load rate to be 5000 Ibs/minute.
3.3.5 ~ Resistance to water No blistering,
Use ASTM D2939, Alternative B ~ re-emulsification
or loss of
adhesion
3.4 .Workmanship
3.4.1 The ,sealant shall be properly dispersed and any settling shall be easily redispersed with
minimum resistance to the sideways manual motion of a paddle across the bottom of the
container, It shall form a smooth uniform product of the proper consistency, If the material
cannot be easily redispersed due to excessive settlement as described above or due to
any other cause, the sealant shall be considered unfit for use.
26
,v hb
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3,4.2 The sealant shall retain all specified properties under normal storage conditions for 12
months after acceptance and delivery, The vendor shall be responsible for all costs and
transportation charges incurred in replacing material that is unfit for use, The properties
of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery.
3,4.3 The sealant shall comply with all air pollution control rules and regulations within the
State of Califomia 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 Califomia
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
K material shall be furnished in container size as specified in the purchase order or
contract, If ordered in 5 gallon size the contai-Hers shall be new, round. standard. full open
.head with bails, shall be nonreactive with the contents, and shall have compatible
gaskets. The containers shall comply with the U.S. Department of Transportation or the
Interstate Commerce Commission regulations, as applicable,
5.2 Marking
All containers of material shall be labeled showing State specification number ,
manufacturers name, date of manufacture and manufacturers batch number..
. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
27
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.
6,2 Patents
The Contractor shall assume all costs arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the work, and agrees to
indemnify and save harmless the State of .California, and its duly authorized
representatives, from all suits at law or action of every nature for, or on account of, the
use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordancQ with the provision of Section 6-1,07 of California Department of Transportation
' Standard Specifications, January 1988.
a
28
o..~~a.n.~rr.r
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_ ~ , . • • , . ~ • . ~ Closs ~ A' ~6 sac~l Po►Ibv~d.~,' ' ~~Existrn9 ;
. ' . • ; : ' • ' ~ • ~ CrmM1 Ccmn/t. • Ca/a • • ~ ~ a • Pa Hord Chnlnl ' ' ~ • : • ,1 t' : and linisA to mo1cA • ~ ~ • Concntt ,
• odjatnl povenrtnl.';•:~: ~ ; • ,
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•
m 8ockfill
PATCH IH CONCRETE SURFACE
tic ,oor~l ~c ant
n !r ~,r----- f } Sow Cy1 •
y ~ ~ ' ' '.%:7 J C Sal CC7 XI • OS ~ otf..'~Cdirrlt! . • C/oas•• A :~6.~,sa~rl;Pallarid.~.~ .r
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• • rrquirtdl
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PATCH iH SPN~LT~ CONCRE SURFACE
M E THAN 3 1N TH)CkH
,aipl►oN,r't ' t A;pAd1n poml ~fNERAL A+~~ES:
d~ J~ Sor Cyl r- bvndtr All >rgrfn~onthrp and maltrrals shvl!
t.r; ,~ry~~'~~ ~ ~S• Cd~Cr~lA;~'« ~*I X~~; R~'' $s ~rf~ArRl l0 tIM /l~~wrin~M~/s Jt1 fANh M • r . ~ .~~:L ~ti~;.a•,, ~n Z. ~irlr tht Slabbed Splalitohor►s, Sbh of
' ~ Colr, Dlportrntn,~ of +-~Ibwh~,
8" 11nrhldi~lld rod' Dolt ~RANSPO~~nav~ <uaadlr tDrrtoN ~ f.• 1 SOw CV1s ay 0'l1 opll►inp N1 Q~,a1~Q/l
ca~attr 3 a mart inclltd ~ /IMc~tu ' ; : Select ~IoM►id • ,
s: rl► rrp~redl ~ ar rnoo~ whNf ttt cascrete pohyl Aoi r~ ar~d is reQOy b
i I , IMCMMf t1At Q~Ahalt Cd1Ctltt SiXfiaC'a►1~¢ B~or~tlill Soh Cv/s sho/l bM modt paro!lN a of
r~hl a►g~ts h ll~t CMlN►~1~1~t A/ the
PATC~t IH ASPHALT CONCRETE SURFACE :mN.
• DeoM o/ sekcl nrohriol i/ rtgyired, sAo// bt oi~hrrn~rd in tl~f fi!ld i~► tht
En~inetr.
A;~h~oVtK pawl brnoltr osphalt ca~crtte road swtartt, as~o/t • • ~ ~ ~ cancrrle surfacing sh~ol/ be mixed w~tA
:,ti:;.:~::~•.•...., ~ . q powr~q praaM ospholl.
/ I hahvrol ~ • Potchts Ills Nber 2 lerl Iron►
ti St ec lx~sting polrhes, edges a~i pcvtment, rtpu►i+t~dl ~ or ~trlllr sholl bt ex/anded /o •
iirCwd! NM inhrmed~oh isO/alinp th~0 ~ ~ ' of lxislrng povemtnl,
~t~ilJ ~rnwm pofcA width sAoll be Z hN 01
its smallest a~ension~
PATCH IH ROAD l~~XED SURFACE
S TANOARD 6•.~0~ ~ ` wwu T .M
PAVEMENT PATCHES `""'%a,Y . i t,r►.u,~ .~..u
None •
CITY OF BAKERSFIELD
CALiFORN1A S S
• ~ [iV~INt~1lli1V0 DtrA1!'TMtNT
Sw-3
ALTERNATE LOCATION T4 8E TYPE B.S.S.
USED WHEN THE SIDEWALK Y 2" GALVANIZED PIPE
EXTENDS FROM THE CURB ~ AS PER AMERICAN FENCE CO.
TO THE PROPERTY LINE, Q RCS A w PARTICULARLY IN COMME ~
AREAS, _ ~ ~
II ~ 11 ~ 0
11 -
~ Y ~
_ II Q
~ i~ ~ ~ m 2 0 -~I
~i
~ ~ ;
OZ M
i~~l s• i~ ~ ' ~ 8"MIN. ~ ~ ~ i
CLASS "8`~ PC.C.
M
~APPR4YE0
MISCELLANEOUS S ICN
DETAIL i CITY ENGINEER
RECORDED ~ 19`. DATL /2~05~aS CITY OF BAKERSFIELD
. N eooK_.._.AT ~AGE._ CALIFORNIA o~u►wN E~~. ORR1ClAL RECORDf OR
KERN COUNTY, cAL.,FO1tN1A ~ ENGINEERING DEPARTMENT cHCCxto S. L. W
PROPOSAL
FOR
TRAFFIC SIGNAL ON DISTRICT BLVD. AT G~SFORD ROAD
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this.
proposal as principals are those named herein; that this proposal is made without collusion with any
other person, firm or corporation; that he has carefully examined the location of the proposed work,
the annexed proposed form of contract and the plans therein referred to; and he proposes and
agrees if this proposal is accepted, that he will contract with the City of 6akersfield, in the prescribed
form of contract hereto annexed, #o 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, filed in the office of the Finance Director of the City of
Bakersfield and as specified in the contract, in the manner and time therein prescribed, and
according to the requirements of the Engineer as therein set forth, and that he will take in full
payment therefor the unit paces 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 ITEM UNIT PRICE EXTENSION
No, QUANTITY MEASURE (in figures) PRICE
(in figures}
1. LUMP SUM Traffic Signal System
2. 1,759 L.F, Traffic Signal Interconnect conduit
SIGNED
Bidder Company
Address
City State Zip Code
~ )
Area Code Telephone Number
License No, and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY,
Page 1 of 2
29
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
QUANTITY MEASURE (in Figures) PRICE
N0, (in figures)
3. 1,249 SF Remove
striping
4. 6 EA. Remove
Roadside
sign
5, 4 EA Roadside
sign (GSP
Post}
6. 506 SF Wheelchair
Ramp
SIGNED TOTAL
Page 2 of 2
30
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 Totaf, the Unit Price(s) shall prevail,and the bid
submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided,
however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in
accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column shall be the
Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the
Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who wil{
perform work or labor or render service to the Contractor in or about the construction of the work or
improvement in excess of one-half of one (1°/°~ percent of prime Contractor's total bid, or TEN
THOUSAND DOLLARS ($10,000, whichever is greater, and the portion of the work which will be .
done by each subcontractor. This list is to be completed and submitted with said bid proposal,
Subcontractor's Name Description of portion
and Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
31
[This form shall be completed by all bidders and submitted .w hh the Bidj
' (TRAFFIC SIGNAL ON DISTRICT 6LVD. AT GOSFORD ROAD)
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of Caiifomia )
)SS.
County of )
being first duly sworn, deposes and
Name
says that he or she is of _
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the .bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
. contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member or _
agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
. Business Address
Place of Residence
Subscribed and sworn to before me
this_day of , 19l,
32
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as
the case may be), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as
follows:
IMPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a
copartnership, state true name of firm, also names of all individual copartners
composing firm; if bidder or other interested person is an individual, state first and last
names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
NOTE•-If .bidder is a corporation, the legal name of the corporation shall be set forth above together
with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if
.bidder is a copartnership, the true name of the firm. shall b~ sc;t forth above together with the signature
of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a
corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of
the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be
disregarded as irregular and unauthorized.
Business
Address ' .
Telephone No.
Place of Residence
Dated ...........................................~9...,.....,.
33
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Noi necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and _
as surety,
are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of
California, in the sum of dollars
to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS 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 accepted
by the Council of said City and if the above bounden principal, heirs, executors, administrators,
successors and assigns,. shall duly enter into and execute a contract, to construct said improvements
aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not
including Sunday} from the date of a notice. to the above bounden principal, that said contract is ready
for execution, then this obligation shall become null and void, otherwise it shall be. and remain in full
force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 19
(Seal}
(Seal},
(Seal)
34
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of ,19_, before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
end acknowledged to me that he/she subscribed the name of
thereto as surety, and his own name as Attorney in Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written,
Notary Public in and for said County and State
Page 2 of 2
35
GL1ARA~i'TEE
TRAFFIC SIGNAL EQLiIPI~ENT
CITE' OF BA.KERSFIELD
Department of Public works
1501 Truxtun Avenue, Annex Building
a Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL ON DISTRICT BLVD. AT GOSFORD ROAD. , awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and
the undersigned, which contract provides for the installation of traffic signal and li~htin~ ,stem, 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 fail to 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 furnished and installed within Twenty-Four (24) hours of the date specified in the City's
written notification. Contractor shall prosecute with due diligence to complete the work within a
reasonable period of time, as specified in the City's written notification..
Said system will be deemed defective within the meaning of this 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
36
GUARANTEE
iVIA'TERIAL AND '~VORIS:MANSHIP
CITY OF BA.I~ERSFIELD
Department of ,Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA'93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL ON DISTRLCT BLVD. AT GOSF®RD ROAD. ,
awarded on ,between the City or Bakersfield thereinafter referred to as "City"},
and the undersigned, which contract provides for the installation of traffic signal and lighting system, 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, X11 work necessary to fulfill the terms of this.
,guarantee and~to complete the work within a reasonable period of time, and in the event of our
failure to so comply, we collectively and expressly do hereby authorize the City and/or~ the City's
representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned
construction project and the City's representative, and shall be enforceable by either of them.
DATED
Contractor's Name
Authorized Signature
37
HGLD D..ARMLESS AGREEt~iEI~T
CIrI'Y ~F BAKERSFiELD
IT IS ]HEREBY AGREED that ,agrees to indemnify and hold harmless the
City of Bakersfield, its agents, employees or any other persons against loss or expense including
attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole
negligence, for damage because of bodily injury, including death at any time resulting therefrom,
sustained by any person or persons, or on account of damage to property arising out of or inconsequence
of
{agreement name)
IT IS FURTHER UI~DERSTOGD AND AGREED that the Contractor shall fat the option of the
City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and
expenses, including the expense of counsel, in the defense of any suit arising hereunto.
DATFJD
Contractor's Name
Authorized Signature
38
SAMPLE SAMPLE
CONTRACT N0.
THIS AGREEMENT, made and entered into on , 1992, by and between
.the CITY ~F BAKERSFIELD, a municipal corporation, hereinafter called "City," and
,hereinafter called "Contractor";
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 befi~een City and Contractor.
NC31N, THEREFGRE, it is mutually agreed by and .between the parties hereto as follows:
ARTI CLE I
Contractor agrees to furnish supplies, equipment, labor and materials for
within the City of Bakersfield. .
ARTI CLE I I
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 fond
5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8.. All provisions required by law to be inserted in
this contract whether actually .inserted or not. 9. Hold Harmless Agreement
10. Current PWI cif required by Specifications)
1 of 2 .
39
IN iNITNESS WHEREOF, the parties hereto have caused this Agreement to he executed, the
day and year #irst-adove written.
"C1TY" "CONTRACTOR"
CITY OF BAKERSFIELD
By
Clarence E. Medders
Mayor
APPROVED AS TO FORM;
Lawrence M. Lunardini
City Attorney
~iPPROVED AS TO CONTENT.
Ed W. Schulz
Director of Puhlic Works
COUNTERSIGNED:
Gregory J. Klimko
.Finance Director
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ESCROUV 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",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent"'.
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow .Agent
m, 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 earnings, the Escrow Agent shall notify the
-Owner within ten (10} days of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be withheld as retention
under the terms of the Contract between the Owner and Contractor. Securities shall. be held in
the name of ~ ,and shall des.'rgnate
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.
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Contractor shall be responsible for paying. ail fees for the expenses incurred by
Escrow Agent in administering the escrow account. ~'hese expenses and payment terms shall be
determined by the Contractor and Escrow Agent.
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 sha11 be
subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written authorization
from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to
be withdrawn by Contractor
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 ~n
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 ~s), 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
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On behalf of Escrow Agent:
Title
Name
Signature
Address .
At .the time the Escrow Account is opened, the t~wner and. Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
1N iNITNESS 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.
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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 N~ AME OF CONTRACTOR) , 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 far the ~,PROJEGT
DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said .contract to furnish a
bond for the fiaithfui performance of said contract; and
NOW, THEREFORE, WE, the Principal, and~LEAVE FLANK FOR BONDING
COMPANY , as Surety, are held and firmly bound unto the Owner in the sum of 100% OF AMOUNT AWARDED AT COUNCIL MEETING) lawful money of the United States, for the payment
of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally, firmly by these presents,
THE CONDITION OF THIS OBLIGATION iS SUCH, that if the 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 full force and virtue and Principal and Surety, in the event suit
is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed
by the court..
As a condition precedent to the satisfactory completion of the said contract, the. above
obligation in the said amount shall hold good for a period of one ~1) year after the completion
and acceptance of the said work, during which time if the.above mentioned Principal, his or its
heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the. said Owner from loss of damage made .
evident during said period. of one year from the date of acceptance of said work, and resulting
from or caused by defective materials and~or faulty Workmanship in the prosecution of the work
done,. the above obligation in the said amount shall remain in full force and effect. However,
anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder
shall continue so long as any obligation of the Principal remains.
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And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the contract or to the work to be perfiormed
thereunder or the specifications accompanying the same shall, in any way, afi•ect 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 ~vork 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 specifiied therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the ®wner in successfully enforcing such obligation, al! 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 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
Attach notarization form for each required signa#ure.}
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IVIATERIAL - LAROR BOND
KNOW ALL NfEN EY THESE PRESENTS, THAT, WHEREAS, the CITY GF
RAK~RSFIELD, County of Kern, State of Califiornia, hereinafter designated the "Owner,'° has, on
R ,DATE OF COUNCIL Il~EETING), awarded to ~NAIVIE OF CONTRACTOR), hereinafter designated as the
"Principal," a contract for the construction of ;and
WHEREAS, said Principal is required to furnish a band in connection and with said contract,
praviding that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be
.done, or far any work or labor done thereon of any kind, the Surety of this bond will pay the same to
the extent hereinafter set forth,
NOW, THEREFORE, WE, the Principal, and CLEAVE BLANK FOR BONDING COMPAN`n, as
Surety, are held .and firmly bound unto the Owner the penal sum of X50°~a OF AMOUNT AWARDED AT
COUNCIL MEETI~, dollars lawful money of the United States, far 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 CQNDIT~ON OF THfS OBLIGATION IS SUCH, that if said Principal; his or its heirs,
executors, administrators, successors; ar assigns, shall fail to pay for any materials,, provisions, or other
supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work
or labor thereon of any kind or for any amount due under the Unemployment Insurance .Code with
respect to work cr labor :performed finder the contract, or for any amounts due, or to be~ withheld
pursuant to Sections 18806 of the Revenue and- Taxation Code of the State of California with respect. to such work or labor, as required by the provisions of Chapter ill,, Division V, Title I of the Government
Code of the State of California, or with respect. to any work or Tabor for which a bond is required by the
provisions of .Sections 3247 through ,3252 of the Civil. Code of the. State of California, and .provided that
the persons; companies, or carporatians so furnishing saidmaterials, provisions, or other supplies,
.appliances., or power use, in, upon, far, or about the performance of the work contracted to be executed
or performed, or any person who performs work or labor upon same, or any person-.who supplies both
work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety
will pay the same in or to an amount nat exceeding the amount hereinabove set forth, and also will pay
incase suit brought upon this bond; such reasonable. attorney's fees to the Owner as shall be fixed by the court.
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This bond shat( insure to the benefit of the Owners and any and all persons, companies, and
corporations and their respective assigns entitled to file claims under applicable State law, includin ,
9 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 chap e, extension g
ofi time, alteration, or addition ofi 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 o~ 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 specifiications, 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 con orate
part~r being hereto affixed and these resents dul si p p y gned by its undersigned representative, pursuant
to authority of its governing body.
Principal
Seal)
Signature for Principal Title
J
- Surety Seal}
Signature for Surety ~ Title
A„'
,i/ _
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