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NOTICE TO CONTRACTORS
~I SPECIAL PROVISIONS
BID PROP05AL AND CONTRACT
FOR
TRAFFIC SIGNAL CN DISTRICT BLVD. AT G4SFORD ROAD
BID OPENING:
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NOVEMBER 2 0 , 19 9 2
11:00 A.M.
PROJECT N0. 81007
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~ ~ DEPARTMENT OF PUBLIC WORKS
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:~KERSFIELD, CA 93301
-~lephone : (805) 32 6-3724
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ADDENDUM N0. 1 November 10, 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 only.
C. Conduits 28 thru 42 contain a single cable containing 3 pair of
# 20 awg wires. as specified in pars 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:
"50.6 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 ~ ;
A
: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
NO, (in figures)
3: 1,249 SF Remove
striping
4. 6 EA. Remove
Roadside sign
5. 5 EA Roadside sign
(GSP Post)
fi. 506 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
. Offcer, City Ha11,1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on NOVEMBER 20,
1992 to be 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 (21) days from date of bid opening and the documents are in
reasonable good condition, The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing
Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made
in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the
Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the
requirements of article 2-1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire
work described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant
to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest
bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be
submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in
the back of these special provisions.
The Contractor must possess a valid Class A or Class C-10 License at the time this contract is
awarded.
The 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 not pay less than the prevailing rate of wages to workers on this project as determined by the
Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue,
Bakersfield, California.
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GENERAL DESCRIPTION OF WORK
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, SCHULZ Public Works Director
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.e
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF .PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 -DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance with the
Standard Specifications entitled "State of California, Department of Transportation, Standard
Specifications, July 1992" as referenced herein, insofar as the same may apply, which specifications
are hereinafter referred to as the Standard Specifications, and in accordance with the following
special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions,
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions
and Terms," of the Standard Specifications shall apply, except whenever the fallowing terms or
pronouns are used, the intent and meaning shall be as follows:
City -City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
Bakersfield.
Director -City Engineer,
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory -The. designated laboratory authorized by the City to test materials and work
. involved in the contract.
Standard Specifications -Standard Specifications. of the Department of Transportation,
Business and Transportation Agency, dated 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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N
A
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 form, additions not
called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind,
Proposals in which the prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity,
2.1.05 PROPOSAL FORM, All proposals must be made upon blank forms to be obtained
from the Purchasing Officer, -the form of which appears herein immediately following these special
provisions. All proposals must give the prices proposed and must be signed by the bidder, with his
address. If the proposal is made by an individual, his name, telepahone number and past office
address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must
show the names of the state under the laws of which the, corporation was- chartered and the names,
titles, and business addresses of the president, secretary and treasurer. .
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed, cover and shall
be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount
equal to at least. ten percent (10%j 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 mani#estly 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 shalt 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 P~+
.the public notice for the opening of bids.
2.1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly
at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present, v
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, o~r 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 DISGIUALIFlCATION OF BIDDERS. More than one proposal from an individual,
firm, partnership, corporation, or combination thereof under the same or different names will not be
considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or
combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination
thereof is interested. If there is reason for believing that collusion exists among the bidders any or all
proposals may berejected. Proposals in which the prices obviously are unbalanced may be
rejected.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest
responsible bidder, The language "~esponslble" 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 contract, 'rf it be awarded, will be
made within forty-five X45) 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 8 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 specifed 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 will be held until the contract
has been finally executed, after which they will be returned to the respective bidders whose
proposals they accompany.
SECTIaN 4 - BEGiNNiNG OF WORK, TIME OF COMPLETION AND , LIQUIDATED DAMAGES
4.1.01 GENERAL. Attention is directed ~ to the provisions of Section 8, Article 8-1.03,
"Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of
the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section, 8-1.03, "Beginning of Work," of the Standard Specifications,.
is amended to read;
The Contractor shall begin work within fifteen (15) days after receiving written
notice to proceed. The Contractor shall diligently prosecute the same to
completion before the expiration of 40 working days.
Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed,
whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $20__ 0,00 per day for each
and every calendar day's delay in finishing the work. in excess of the number of working days
prescribed above.
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 granted an extension of time and will not be assessed with liquidated damages or
. ~ the cost of engineering and. inspection far any portion of the delay in completion of the .
work caused by manufacturing time should approval be given to begin prior to delivery of afl signal system components. The number of days extension shall be the working days
between the date as determined according to Special Provisions, Article 4-1.01, and. the
date of receipt of all components as determined by the Engineer. Upon receipt of all
components, the Contractor ,shall notify the Engineer in writing and the Engineer will order
start of work in writing.
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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 in this contract shall not be construed as an
election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a
dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon .written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work
exceeding an amount of $10,000 or which, together with all other previously approved change
orders for that contract exceeds twenty-five percent (25%) of the original contract amount, must be
authorized by the City Council.
5.1.03 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
requirements in writing a reasonable length of time in advance of starting operations that require
such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable
length of time.
Section 5-1:08, "Inspection" of the Standard Specifications is amended by adding the
folbwing 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 inspection pursuant to Section 1812 of the Labor Code, The Contractor
and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the
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general prevailing rate for holiday and overtime to all workers employed in the construction of this
project. The prevailing rate for each craft, classification or type of work is determined by the Director
of the' California Department of Industrial Relations, and his schedule of prevailing rates is on file and
available for inspection in the Public V1lorks Department. The schedule is incorporated herein by this
reference. The City shall have the right to inspect payroll records during normal working hours and
shall have the right to question workers at any time concerning the wages being paid. Contractor
shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or
portion thereof:
a. FIFTY 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
b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per
week, except as provided in Section 1815 of the Labor Code,
5.1.05 .PAYROLL RECORDS. The fourth paragraph in Section 7-1.O1A(3), "Payroll
Records," of the Standard Specifications is deleted and shall not apply to this contract.
5.1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01 A(4},
"Labor Nondiscrimination," of the. Standard Specifications and these special provisions.
Attention is a{so directed to the requirements of the California Fair Employment and
Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by
the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5),
"Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with
the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of
apprentices. .
If~the Contractor does not have a union contract which provides for apprentices, the
. Contractor and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
. TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This .request shall be
submitted to the local Department of Industrial Relations, Division of Apprenticeship
Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint, Apprenticeship Committee
providing for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield
Purchasing Division, within two (2} working days following the bid opening.
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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.
Nothin-g 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 lndustria! Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or
any of its employees.
The terms ."Public Works" and "Awarding Body," as used in this section, shall have the
same meaning as in Labor Code Sections ,1720 and 1722 respectively.
5-1.09 SOUND CONTROL REGIUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.011, "Sound Control Requirements," of the Standard Specifications and
these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and
r. ;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 re uirement shall apply to all equipment on the job or related to the job, q
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 com ensation for conforming to the requirements of-this section shall be considered p
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
rosecution of the work from any and all governmental organization which require such permits, p
licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7;00 A.M. to
4;30 P.M. An deviations must be requested and in writing and directed to the Construction Engineer - Y
at the Pre-Job Conference. Written approval from the Construction Engineer is required for work
beyond these limits. Any time work proceeds beyond the time limits or on holidays or weel~ends, the Contractor will be char ed for all associated overtime charges and said charges may be,withheld g
from contract retention,
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5.1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
existing and future State and National laws and all municipal ordinances and regulations of the City
of Bakersfield which in any manner affect those engaged or employed in the work, or the materials
used in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the same.
5.1.13 CONTRACTOR'S INSURANCE. The Contractor shall not 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 arise from or related
to any work performed by the Contractor, his agents, employees or subcontractors under
the terms of this agreement and shall execute and return with the executed contract
documents and bonds the "Hold Harmless Agreement," a copy of which is attached
hereto.
5.1.138 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, 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 emploxer'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 policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided
by or on behalf of the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to
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. _
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor
shall provide the City with the foreman's or superintendent's name who will be in charge of this
project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section
7.1.1 fi5, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract.
5.1.16 WORK IN CITY STREETS. All of the work shown on the. plans and. included in
these specifications that is located in the public streets in the City of Bakersfield shall be done in
.accordance with City Ordinance regulating the use of public streets within the City, except as
otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City
c Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in
.compliance therewith.
5.1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided
by the City. The Contractor shall make his own arrangements, and pay all expenses for additional
area. required by him outside of the limits of right of way unless otherwise provided in the special provisions.
5-i.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council,
the Contractor has violated any terms of this contract, failed to supply an adequate working force, or
material of ro er ualit , or has failed in any other respect to prosecute the work with the diligence p p q Y
and force specified and intended in and by the terms of the contract, notice thereof in writing will be
served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City
Council in any such case shall have the power to suspend the operation of the contract, Upon
receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it
as the City Council may designate. Upon such suspension, the Contractor's control shall terminate,
and thereupon the City Council, or its duly authorized representative; may employ other parties to
carry the contract to completion, employ the necessary workmen, substitute other machinery or
materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part
thereof. Any excess. of cost arising therefrom over and above the contract price will be charged
a ainst the Contractor and his sureties, who will be liable therefor. In the event of such suspension, g
all money due the Contractor or retained under the terms of this contract shall be forfeited to the
City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill
13
the contract. The Gontractor 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.
!n 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.Ofi, "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 Glaims," of the Standard Specifications, the following shall apply:
M 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;.
' ro
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 9-1.076, "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
all amounts to be retained under the provisions of the contract. Ali prior partial estimates and
payments shall be subject to correction in the final estimate and payment. The final payment shall
not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF
COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or
payments made under the contract except the final certificate or final payment, shall be conclusive
evidence of the performance of the contract, either wholly or in part, against any claim of the party of
the first part, and no payment shall be construed to be an acceptance of any defective work or
improper materials.
And~the Contractor further agrees that the payment of the final amount due under the
contract, and the adjustment and payment for any work done in accordance -with any alterations of
the same, shall release the City, the City Council, and the Engineer from any and all claims or
liability on account of work performed under the contract or any alteration thereof.
5.1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.08, "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 option of the Engineer, the source of supply of each of the materials shall be
approved by the Engineer before delivery is started and before such material is used in the work.
Representative preliminary samples of the character and quality prescribed shall be submitted by the
contractor or producer of all materials to be used in the work, for testing or examination as desired . by the Engineer,
All tests of materials furnished by the contractor shall be made in accordance with
commonly recognized standards of national organizations, and such special methods and tests as
are prescribed in the specifications.
6.1.02 BORROW, DISPOSAL AND MATERIAL SITES.. The operation of any borrow or . disposal sites, used by the Contractor to produce or dispose of material for this project shall corn-ply
with the requirements in the Standard Specifications and these special provisions. All provisions for
water pollution, and sound control that apply within the limits of the contract shall apply to all borrow
. or disposal sites utilized by the Contractor.
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.
6.1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07,
"Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of
certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
SECTION 7. CONSTRUCTION DETAILS r
SECTION 7.1 GENERAL
7.1.01 ORDER OF VIIORK. Order of work shall conform to the provisions in Section
5.1.05, "Order of Work," of the Standard Specifications and these special provisions.
. All striping removal shall be completed a minimum of 2 days prior to signal being placed
into operation. Pavement delineation shall be replaced by temporary delineation before opening the
traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart
on curve nor more than 20 feet apart on tangents. Reflective traffic. line tape shall be applied in
accordance with the manufacturer's instructions. Temporary delineation shall be the same color as
the permanent delineation. Full compensation for temporary delineation shall be considered as
included in the prices paid for the contract items of work that obliterated the existing delineation and
no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered
with cardboard or other material with an observation hole (max. 1" dia.) in #ront 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 of this
article shall be considered as included in the prices paid for the various items of work and no additional
compensation will be made therefor.
7.1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs,
lights, flags and other warning and safety devices when performing work which interferes with or , 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
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 SOUTHBOUND 9: 0-4:30
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 maybe permitted to use the shoulders and, if half-width construction methods are used, may ,
also be permitted to use the side of the roadbed opposite to the one under construction. No
additional compensation will be allowed for any shaping of shoulders necessary for the
accommodation of public traffic thereon during paving operations. .
In order to expedite the passage of public traffic through or around the work and where ordered 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
shat! furnish competent flagmen whose sole duties shall consist of directing the movement of
. public traffic through or around the work, When deemed necessary by the City, the signs "Road
Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and
maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance of any construction..
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered
as included in the prices paid for various items of work and no additional allowance will be made
therefor.
7.1.04 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing
facilities shall conform to the provisions in Section 15, `'Existing Highway Facilities," of the Standard .
Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs
and street markers shall be relocated and maintained during construction so as to convey the same f 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 surfacin .Where blast cleaning is used for the removal of painted traffic stripes and pavement markings,
g 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 stripes shall be removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths.
Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or
markings, so the old message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in
conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and
the following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area
and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned
traffic stripe removal area.
in pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned
rectangular area. .
In areas of removal where 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 for the actual
area of authorized stripe removal,
The contract unit price per square foot as remove traffic striping and marking shall include full
compensation for furnishing all labor, materials, tools, equipment, signs and for doing a!I work necessary
for removing existing striping as shown on plan and as directed by the Engineer.
7.1..06 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside 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 Posty, Installation of one or more sign panels mounted on a r 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 M1OJ Series swinging sign bracket, with return spring removed, or acceptable
equal,
Overhead signs installed on signal poles, mast-arms or on flashing beacon mast•arm shall be furnished and installed by the Contractor in accordance with the plans and these special
provisions, Compensation for overhead signs shall be considered included in the respective
contract lump sum price or prices for signal, flashing beacon, or combination thereof,
7.1.08 TRAFFIC DELINEATION. 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,
Tem orary delineation consists of reflective traffic line tape. applied in pieces not less than 4 p
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 stri in Ian will be made available to the Contractor when traffic delineation is to be p gp
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,
sidewalks, wheelchair. ramps, cross drains, drive approaches, driveways and miscel aneous
construction. shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the
Standard Specifications and these special provisions.
a 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 LLGHTING
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 ma be installed by either jack~rig/drilling or open trench methods. Installation using
Y 'ackin or drilling shall conform to Section 86.2,05C, "Installation," of the Standard Specifications.
1 g Open trench installation shall conform to the following specifications.
1. Conduit shall be ri id non-metallic type. Conduit shall be placed under existing pavement. 9
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 laced in the bottom of the trench and the trench shall be backfilled p
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 s readin as halt concrete, paint binder shall be applied as .specified in Section
p ~ g p ~ ' ns, S readin and 39-4;02, Pnme Coat and Paint Binder, of the Standard Spec~ficatio p g
com acting of asphalt concrete shall be performed by any method which will produce an p
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. Tem ora roadmix or other acceptable temporary surface will be allowed on the top 0.20
p ry . feet until such a time as the permanent asphalt surface is placed.
De endent u on adverse soil conditions or other circumstances encountered at the time of p p
construction, the Engineer may specify which of the above methods may be used.
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull
Boxes," of the Standard Specifications and these special provisions,
Recesses for suspension of ballasts will not be required.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions
. ection 86-2.08 "Conductors," and Section 86-2,09, "wiring," of the Standard Specifications and mS ,
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 shall be insulated by "Method B."
-2 05 SERVICE. Service shall conform to the provisions in Section 86-2,11, "SERVICE", of the 7.
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. Am s Phase_ V_oits B- ~ Me= ___p_
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 service connections to
service points shown on the plans and will pay all required costs and fees required by the utility.
7.2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the
Standard Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to
Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section
86 2,14C "Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project
as described in SECTION 4, "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, .
Y 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 ph~otoelectncal .
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," 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 8fi-5.01A (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 sha11 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.
K 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.~Asphaftic 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 fora
period of one (1 }year from the date. of acceptance of the work. The guarantee, properly executed,
v shall be f led 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 traffc 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.
r
.
24
8040-41 A-15
STATE OF CALIFORNIA a
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
y Code of Federal Regulations, Hazardous Materials and Regulations Board,
Ref. 49CFR.
" ~ ~ 3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified
bitumen. It will be the manufacturers responsibility to produce 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
4 maximum 3.2.3 Firm set time, hours,
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties ~ of the Dried Film
3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to ,cracks
constant weight at 75 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, ~ 150mr~in~,m,
Use California Test Method No, 434, Part Vlll. Space with no loss
damp, blocks with 0.25 inches between slant faces, seal ofadhesion 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 shat! 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
,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 California
Specification 8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved
by the Engineer.
5A: PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for application: The
material shall be furnished in container size as specified in -the purchase order or
.contract. If ordered in 5 gallon size the containers. shall be new, round standard full open
head with bails, shall be nonreactive with the contents, .and shall have compatible
gaskets. The containers shall comply with the U.S. Department of Transportation or the
Interstate Commerce Commission regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number .
manufacturers name, date of manufacture. and manufacturers batch number,
The manufacturer shall be responsible for proper shipping labels as outlined in Code of
Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
. '
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.
fi.2 Patents
.The Contractor shall assume all costs arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the work, and agrees to
indemnify and save harmless the. State of California, and its duly authorized
representatives, from all suits at law or action of every nature for, or on account of, the
use of any patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant,. in
accordance with the provision of Section 6-1.07 of California Department of Transportation
' Standard Specifications, January 1988,
. _a
r.
28
~~•r
Sow Cut
. ~ , : , , ~ Closs . A (6 sac~l Patbnd.:,~,~; •'Ex:slrng. , ~
, ' . • : Cemrnt Carcr~tr~ Color' • .R~ ' Pavt~ord Cern~nr • ' ' 'i'•'~:~• and linish to notch •,;.Concrete '
3 ~
Se/rct Alotlrial ' o~ (11 rr p~urrtdl ~ .
,r i ~
8oc~fill
PATCH IN CONCRETE SURFAC
E,
' post tic a,~
ndpr Sow Cut
. r~; t L,*. r~,:. '•YCI '''r.'': . , ' , ~ , / Q•~ OS~ Ojf..'~Cdk7!'►! •
. Selec> Moterr'ol •
req~d~
tl~
PATCH SPHALT CONCRE SUR
M • F~ E THAN 3 !N TNlCKN
~ ~Adhr oorol ~'~ER~ M?~ES:
nc~er ~ Soy Cyl ~ bKndN
,►y.y M~~~ti •~r~J~;~~~!r~V'' t~/•~f~,~«j XIS ~nn~~~•(~ju. ~f/'y^~^"'~"~ i~~V ~~~i~ slRil~ :r I.(~: y, :«r • ti~'• '~•''.e~~'i'' J~'/1 `7 Ir',~.r /N~11 to t ►r' !~~~'~~.i~~,~! i ~*1 1n ~ tl/e .St. hit 1~~! 1t1 /A/th M
or~+obvd Saoealcot~a►s S/bh o/
6N UIf~lM01~+d ~01t ~ ?~AN3 AOQ~TIGN ~ ~ ~ C~RQdYT ED/rTaN
~ SOM. Cv1`J 0l dyl • G{O~MI~II~ HI Qi~Oi// • ~ ~ Select Alo~1[srial . ~ ~dltt a illare inches Mrtb~~t
.s • (I/ r~pwir~/ ~f' b~ RaoM wh«r tte c~an~rltQ
~ 1 ~ OYrd i1 rlody 1b rM~ICliMt thor oft caxre1 •~rlgpiu~ • ilia
Sow cyls shop br mooU paro/IN a of
PATCH! !N ASPl~A(,T C~OH.CRETE SCIRFA s~,~: ro cln~l~,r cr thr . CF
Deolh of sel~t n►oh~o/ i/ rrq~iied,
srioN d! ollthrn►MMd in tl~i! fM/d ~r 1h! En9inetr•
. pant brnalN ~ :~;;~i:~r:~:.:::::. oSi0h011t oA~Crlte SjIrfOC'e!~ OS~fo/t
. gsa~ol, 4~r ,rq:;roo Cdrerrte swfocin~ shop d! m~xpd with ~S~/OC ~1Q,~' p0~rn~ OI'O~d! OSplfO/l.
Select ~lotmivl • Pbtches less /hon t /ett from
(!1 rtprit0l ~ e~r~stin~ porches, eo~ls of pov~rnent,
or ptrflpr shop be extended Jo ~ , inC~/dt th! inhrmedroh isodolin~ strip
o/ rxishiq pof►pn~ent, ~'A'~ill
~v+~wm ,aotrA widtA ,trio// d! ~ h~N of ' ih sfio/ktt diminsiavv~
PATCH IH ROAD 1~~xED SURFACE R ~
S T~4NDAR 6 ~o-s~ r ~ 0
• r.~M
PAVEMENT PAT a~Y CHES
am eu~t a.~u Nonr
CITY OF BAKERS~iELD
CA~IFORNlA
a~NmeiNa otr s ' S
SW-3
~ ~
{'1. ,
ALTERNATE LOCATION TO BE
USED WHEN THE S10EWALK TYPE B.S.S.
EXTENDS FROM THE CURB Y - 2~~ GALVANIZED PI ~ PE
TO THE PROPERTY LINE, Q AS PER AMERICAN FENCE CO. PARTICULARLY IN COMMERCIAL w
AREAS.. ~ o
it ~
o ~ 11 o
ti Y
it v I1 Q
2. m
~ 11
III 11) Z I lif r0_ ;
s 1.11 ~ B~~MIN.
I (1
SS 8 PC.C.
M
a
i APPROYEO
MIS CEL~.ANE~ US SI ~ N
CITY ENGINEER DETAIL
RECORDED - -1~-..... CITY OF BAKERSFiELD o~n/2/os~8s
1 N HOOK~„_AT ~AGE._,._, aF1eiC1AL RECORD. O~ A L I FO R N I A DRAwN G. E
KERN COUNTY, cAC,,~oRN~A ENGINEERING DEPARTMENT
cHECx:v 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 Bakersfield, in the prescribed
form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other
means of construction and to do all the work and furnish all the materials in accordance with the
plans and specifications for the above, filed in the office of the Finance Director of the City of
Bakersfield and as specified in the contract, in the manner and time therein prescribed, and
according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract,
with necessary bonds, within ten (10) days, not including Sunday, after having received notice that
the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid
shall become the property of the City of Bakersfield.
Bidder acknowledges receipt of the following addendum:
_ _
item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE din figures) PRICE ~n figures)
µ 1, LUMP SUM Traffic Signal System
c 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
. (in figures) NO.
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 al! Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Prices} and
the res ective Extension Prices} and~or the Bid Total, the Unit Price(s) shall prevail,and the bid p
submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided,
however, i# 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
i thus obtained shall be the divided by the estimated quantity for the item and the pr ce
Unit Price.
LIST OF SUBCONTRACTORS
All arsons or parties submitting a bid proposal on the project shall complete the following form, p
settin forth the name and the location of the mill, shop or office of each subcontractor who will g
erform work or labor or render service to the Contractor in or about the construction of the work or p
im rovement in excess of one-half of one (1 percent of prime Contractor's total bid, or TEN p THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will be
done b each subcontractor. This list is to be completed and submitted with said bid proposal, Y
Subcontractor's. Name Description of portion
and Street Address (City, State, Zips 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 BLVD, AT GOSFORD ROAD)
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of California) )SS:
County of )
being first duly sworn, deposes and
Name
says that he or she is of Title Company
makin the fore oin bid that the bid is not made in the interest of, or on behalf of, any
the party g g 9 undisclosed person, partnership, company, association, organization, or corporation; that the bid is
enuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited 9
an other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, Y
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
an overhead rofit, or cost element of the. bid price, or of that of any other bidder, or to secure fix y , p an advanta a against the public body awarding the contract of anyone interested in the proposed
Y g contract; that all statements contained in the bid are true; and, further, that the bidder has not,
direct) or indirectly, submitted his or her bid price or any breakdown thereof, or the contents Y
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
cor oration, artnership, company, association, organization, bid depository, or to any member or p p ~ _
agent thereof to effectuate a collusive or sham bid.
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me ~ ,
this_day of , 19_.
32
Accompanying this proposal is
E: Insert the words "cash cashier s check, certified check," or "bidder's bond, as (NOTIC
the case ma be , in amount equal to at least ten percent of the total of the bid. y}
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
co artnership, state true name of firm, also names of all individual copartners P
com osin firm; if bidder or other interested person is an individual, state first and last p g
names in full.
...................................1......................................................................................................................................
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
is a cor oration, the le al name of the corporation shall be set forth above together -NOTE If bidder p g ' re of the officer or officers authorized to sign contracts on behalf of .the corporation; if with the s~gnatu
' co artnershi the true name of the firm shall be set forth above together with the,signature bidder is a p p~
artner or artners authorized to sign contracts in behalf of the copartnership; and if bidder is an of the p p
' ' ' is si nature shall be laced above. If signature is by an agent, other than an officer of a individual h g P
' or a member of a artnership, a Power of Attorney must be on file with the City Clerk o corporation p
' of Bakersfield rior too ening bids or submitted with the bid; otherwise, the bid will be the City p P
disregarded as irregular and unauthorized.
Business
Address
Telephone No.
Place of Residence _7
Dated ...........................................~9...:,.....,
33
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
R~
KNOW ALL MEN BY THESE PRESENTS:
r THAT WE
as principal, and
as surety,
are held and firml bound unto the City of Bakersfield, a body politic and corporate of the State of Y
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 i5 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
r
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
GUARANTEE.
TRAFFIC SIGNAL E~UIP~IENT
tb
CITY OF BAKERSFIELD
Department of Public works e
Idol Truxtun Avenue, Annex Building
Bakersfield, California 93~oI
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 si~n~ al and li~htins rstem, 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
Y 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 def ective 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
Addxess
36
GUARANTEI~
MATERIAL AND W~ItKIVIANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA X3301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL ON DISTRICT BLVD. AT GOSFORD ROAD.
awarded on ,between the City or Bakersfield (hereinafter 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:
~Uhen 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 andlor replace, at our own cost and expense, any work andlor materials that we may disturb or displace in
ma-king good such defects.
Within twenty-four Q2} hours after being notified in writing by the City or the City's
representative, or the agent of either of them, of any defects in said work or materials, we agree to _
commence and prosecute with due diligence, all work necessary to fulfill the terms of this
guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively'and expressly do hereby authorize the City andlor 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
ESCROW AGREEMENT
FOR
SECURITI( DEPOSITS IN LIEU OF RETENTI®N
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
K agree as follows:
1. Pursuant to Section 22200 of the Public Contract Cade of the State of California,
W 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"), Vllhen 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 desi Hate
9 the Contractor as thebeneficial 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,
41
Contractor shall be responsible for paying ail fees for the expenses incurred by {
Escrow Agent in administering the escrow account, These expenses and payment terms shall be
determined by the Contractor and Escrow Agent,
. The interest earned on the securities or the money market accounts held in escrow
and ail interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
Owner.
6, Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written authorization
#rom 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 on
deposit less .escrow fees and charges of the Escrow Account. The escrow shall be closed
t. immediately upon disbursement of ail moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall .rely on the written notifications -from the Owner and the
Contractor pursuant to Sections ~4) to ~6), inclusive, of this agreement and the Owner and
Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of
the securities and interest asset 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
42
f
d
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is .opened, the Owner and Contractor shall deliver to the
Escrow Agent a fiully executed counterpart of this Agreement.
1N WITNESS WHEREOF, the parties have executed. this Agreement by their proper officers on
the date fiirst 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 4F
.THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS CHARTERED ON . OR BEFORE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE. .
r~
43
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension ofi time, alteration, or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this
bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions
of Sections 2819 and 2845 of the Civil Cade of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
IN w1TNESS 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 far Surety Title
(Attach notarization form for each required signature.}
Page 2 of 2
45
MATERIAL ~ LAROR SOND
KNOW A~.L MEN EY THESE PRESENTS, THAT, 'WHEREAS, the CITY CAF
C~ SAKERSFIELD, County of Kern, State of California, hereinafter designated the " wner,"has, on
DATE OF COUNCIL MEETINGI, awarded to NAME OF CONTRAC, hereinafter designated as the
"Principal," a contract for the construction of ;and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials,
provisions, or other supplies used in, upan, for, or about the performance of the work contracted to be
done, or for any work or labor done thereon of any kind, the Surety of this bond v~ill pay the same to the extent hereinafter set forth.
NOW, THEREI=ORE, WE, the Principal, and CLEAVE BLANK FOR BONDING COMP, as
Surety, are held and firmly bound unto the owner the penal sum of X50% OF AMOUNT AWARDED AT
COUNGIL MEETINGI dollars j, 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 aRLIGATION IS SUCH, that if said Principal, his or its heirs,
executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upan, for, or about the performance of the work contracted to be done, or for any work
or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect
to such work or labor, as required by the provisions of Chapter If1, Division V, Title I of the Government
Code of the State of California, or with respect to any work or labor for which a bond is required by the
provisions of Sections 3247 through 3252 of the Civil Cade of the State of California, and provided that
the persons, companies, or corporations so furnishing said materials, provisions, or other supplies,
appliances,. or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person. who performs work or labor upon same, or any person who supplies both
work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety
will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay
in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by
the court.
46
.
_ _
~This~ bond sh~ai~l `insure to~the` benefit of the Owners and any and all persons;, cornpa~ies,[ and- . -
corporations and. their respective assegns entitled o file claims:: under applicable State 1'aw, including,
but not' limited to, ~alifo~rnia Civii bode Section 3181, se as to give a right. of action to them or their
assigns in any suit, brought upon: this; bond, ~ a
And the said Surety, for value received, hereby tipulates and agrees that no change, extension
of time,,: alteration, or addition ofthe-terms: of the contract or. to the work ~#o be pe~forn~ed thereunder ~or
the s ecificati.ons accom an in the same shall in an wa ~ . - p : ; p y g y y, affect its oblsgations of this bond, and ~t
does hereby waive nonce of-any change, extension of time, alteration, or~ addition #o the. terms of the. .
contract or to .the work or to the s ecifications. Said; Sure hereb waives the ~ovisions of Secti ons: p , tY. y , , _ . p
2819 and 2.845 of the Civil Code of the State of .California; . a
~ .
IN WITNEaS wHE~EOF, the: above bounded parties have executed this instrument under their seals this ~ ' da of _ 19 the name a `d r
y _ n co porate seal of each corporate: . parf y being hereto affixed and these presents dul. si ned b its undersi ned re resentative ursuant
Y g Y g p , p to authority_of its governing body; ,
t. Principal
{Sear
Signature for Principal Title
Surety
~
.
Signature for' Surety Title .
f'
i
G ~ ~
~Gr
r -
~
r
V~ 7
,
47
T f~is form should be sent to the point Apprentic8ship Committee
~f the craft or trade in the area of the site of the public work. If
you have any questions as to the address of the appropriate PU~L~C WQRKS faint Apprenticeship Committee, contact the nearest office of ~ p NTRACT AWARD ~ N Ft~ RM ATi 4 N
~e Civision of Apprenticeship Standards (DAS). Consult your
aiephon~ directory under California, State of, lndustrial - Relations, for the DAS office in your area.
SAME CF C~ITAACTOA { C~N?'RACTOR'S STATE ! JCEN5E N0.
CONTRACTOR'S MAILING ADDRESS - NUM$EA b STREET, CITY, Z!P CODE ~ AREA CODE T S.EPHOtvE N0.
i
I
NAME 8 LOCATION OF PUBUC WORKS PROJECT ~ DATE OF CONTRACT AWARD i
~ DATE OF EXPECTED OR ACTUAL START OF PRO.;ECT
NAME & ADDAES.S OF PUBUC AGENCY AWARDING CONTRACT ~ ESTIMATED NUMBER OF,IOURNEYMEN HCURS~`:~' ~
::.t
f
APPRENTICES OCCUPATION OF APPRENTICE ~ NUMBER TO BE EMPLOYED I APPROXIMATE DA T ES TO 8E EMPLOYED
1
1 1
',4~;
neck Une D~ The Boxes Below:
Box ~ We request dispatch of apprentices) for- this job. We voluntarily choose to comply with the ,applicable Joint
U A renticeshi Committee Standards for the duration ofi this 'ob only, in training the apprentices). We PP P i
assume no other obligations to the committee or unions under State or Federal laws.
Box 2 We request- dispatch of apprentices) for this job. We do not, wish to follow the applicable Joint
❑ , ,Apprenticeship Committee Standards in training the apprentices; instead, we agree to employ and train
apprentice(s) in accordance with the California Apprenticeship Council regulations governing employment of
apprentices on public .work projects. We assume no other obligations to the committee or unions under
State or Federal laws.
Boz 3 We are already approved to train .apprentices by the applicable Joint Apprenticeship Committee and we,~~wiil employ. and train under the Standards. _
Box 4 We do not request the dispatch of apprentices) since apprentices are not required o~n this job under the
a provisions of California Labor Code Section 1777.5, because:
Signature
~ Typed Name
Title Date
State of California - Department of lndustrial Relations
DAS 140 (New t~so) DIVISION 4F APPRENTICESHIP STANDARDS