HomeMy WebLinkAbout1992 Special Provisions Project 81009COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA
•i
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL ON MING AVENUE AT QLD RIVER ROAD
BID OPENING:
SEPTEMBER 18, 1992
11:00 A.M.
PROJECT N0. 81009
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DEPARTMENT OF PUBLIC WORKS Na.32300 ~
CITY OF BAKERSFIELD ~ Z
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BAKERSFIELD CA 93301 ~
Telephone. X8057 326-3724 '9 ~ `F~ OF CA~-
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ADDENDUM N0. 1 September 8, 1992 .
PROJECT: Traffic Signal On Ming Avenue at Old River Road
BID OPENING DATE: September 18, 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 Signal poles listed as Type 29-5-8D should be Type 29A-5-80.
SPECIFICATIONS No Changes.
NOTE: Ali Contractors bidding this work shall denote in their
.proposal that they have received. Addendum No. 1 and bids shall
reflect these revisions.
APPROVED BY ~ .
,S'teph~n al ker Dari ene Wi sham. ~ .
Traffic Engineer Purchasing Officer
PAGEIof 1
CITY OF BAKERSFIELD
QEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Ha11,1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on September 18,
to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
TRAFFIC SIGNAL ON MING AVENUE AT OLD RIVER ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office ,of the Purchasing Officer by posting a refundable deposit of ZERO 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 January, 1988, insofar as the
same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor
shall .not pay less than the prevailing rate of wages to workers on this project as .determined by the
Director of California. Department of Industrial Relations. The Director's schedule of prevailing rates is on
file and open for inspection at the City of Bakersfield, Department of Public Works; 1501 Truxtun Avenue,
Bakersfield, California.
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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing traffic signal and lighting
system with signal interconnect conduit.
CITY OF BAKERSFIELD
EDGAR W. SCHULZ
Public Works Director
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CITY OF BAKERSFIELD; CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 -DEFINITIONS AND TERMS
1.1.01 GENERAL. This work embraced herein shall be done in accordance with the
Standard Specifications entitled "State of California, Department of Transportation, Standard
Specifications, January. 1988" as referenced herein, insofar as the same may. apply, which
specifications are hereinafter referred to as the Standard Specifications, and in accordance with the
following special provisions,
!n case of conflict between .the Standard Specifications and these special provisions, the
s ecial provisions shall take precedence over and be used in lieu of such conflicting portions, p
1.1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions
and Terms," of the Standard Specifications shall .apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: ~ _
City -City of Bakersfield, California.
Department of Transportation, CALTRANS_-The Engineering Department of the City of
.Bakersfield,
Director -City Engineer.
Engineer -The City Engineer, acting. either directly or through, properly authorized
agents, such agents acting within the scope of the particular .duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to .test materials and work
involved in the contract.
Standard Specifications -Standard Specifications of the Department of Transportation,
Business and Transportation Agency, dated January, 1988.
State -The City of Bakersfield,
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. .
Other terms appearing in the Standard Specifications, the general provisions, and the 1
s ecial provisions,. shall have the intent and meaning specified in Section 1, Definition of Terms of P
the Standard Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2-1.41 GENERAL INFORMATION, The Purchasing Officer ofi the City of Bakersfield,
Califiornia, will receive at her office, City Ha11,1501 Truxtun Avenue, in said City, until 11:00 o'clock
A.M. on~ Se,~tember 18, 1992 sealed proposals for
TRAFFIC SIGNAL ON MlNG AVENUE AT OLD RIVER 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 farms. 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 CONTALNING 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, telephone number and. post office
address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or .partnership must be shown. If .made by a corporation, the proposal must
show the names of the. state under the laws of which the corporation was chartered and the names,
titles, and business addresses of the president, secretary and treasurer,
2.1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall
b.e accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount
equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
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2.1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall
have listed therein the name and address of each Subcontractor to whom the bidder proposes to
subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000,
whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act,
commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other
provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to
provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal
funds.
2.1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown~on the drawings or shown on the drawings and not
mentioned in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work
which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall .not relieve the Contractor of his responsibility
for furnishing such omitted materials or performing such omitted work; but shall be furnished or
performed as 'rf fully shown or described in the drawings or specifications.
2.1.09 .WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to
the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid
filed with. the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative, The withdrawal of a bid does not prejudice the right of the bidder to file a
new bid. whether or not bids are opened exactly at the time fixed in the public notice for opening
bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in
the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened .and read publicly
at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2.1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract
Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the
requirement therein, that if the bidder. claims a mistake was made in his bid, the bidder shall give the
Department written notice within 5 days after the opening of the bids of the alleged mistake,
specifying in the notice in detail how the mistake occurred.
fi
Public Contract Code Section 10285.1 (Chapter 37fi, 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 offcer, or responsible managing employee thereof, has been convicted by a court of competent
jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other
act in violation of any state or federal antitrust law in connection with the
bidding upon, award of, or performance of, any public works contract, as
defined in Section 1101, with any public entity, as defined in Section 1100,
including for the purposes of this article, the Regents of the. University of
Califomia or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article
by requiring the person to submit a statement. under penalty of perjury
declaring that, neither the person nor any subcontractor to be engaged by the
person has been convicted of any of the offenses referred to in this section
within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2.1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual,
firm, partnership, corporation, or combination thereof under the same o~r different names will not be
considered. Reasonable grounds for believing that any individual, #irm, partnership,. corporation or
combination thereof is interested in more than one proposal far the work contemplated may cause
the rejection of all proposals in which such individual, firm, partnership, corporation or combination
thereof is .interested. !f there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. 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, 'rf it be awarded, will be to the lowest
res onsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but p also to the quality, fitness and capacity of low bidder, to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be
made within. forty-five (45) days after the opening of the proposals unless extension is approved by
the lowest responsible bidder.
3.1.03 CONTRACT BONDS, The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the Califomia
Code of Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said
contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the
contract price, The other of the said bonds shall be in an amount of fifty percent (50%} of the
contract price and shall guarantee payment to laborers, mechanics and material workers employed
on the job under the contract and shall be in the amount and satisfy the requirements specified in
Section 3248 of the Califomia Civil Code.
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Whenever any surety or sureties on any such bonds, or on any bonds required by law, for
the rotection of the claims of laborers and material men, become insufficient, or the City has cause p
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
r uired, as is considered necessary, considering the extent of the work remaining to be done. eq
Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the
Contractor until .such further bond or bonds or additional surety has been furnished.
3.1.04 .EXECUTION OF CONTRACT. The contract shall be signed by the successful
bidder and returned, together with the contract bonds within ten (10) days, not including Sundays,
after the bidder has received notice that the contract has been awarded. No proposal shall be
considered. binding upon the City until the execution of the contract. All contracts shall be
considered as being made and entered into in the City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10)
days, not including Sundays, after the bidder has received notice that the contract has been
awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal
guaranty.
3.1.05 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. Ail other proposal guarantees will be held until the contract
- has been finally executed, after which they will be returned to the respective bidders whose
proposals they accompany:
SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED- DAMAGES
4.1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1,03,
"Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "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 35_ 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 $200.00_ per day for each and
every calendar day's delay in finishing the work. in excess of the. number of working days prescribed
above,
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
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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 for any portion of the delay in completion of the
work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components. The number of days extension shall be the working days
between the date as determined according to Special Provisions, Article 41.01,. and the
date of receipt of all components as determined by the Engineer. Upon receipt, of all
components, the Contractor shall notify the Engineer in writing and the Engineer will order
start. of work in writing.
SECTION 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
ovemed by the provisions of the State Contract Act. The adoption and use of the Standard 9
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, #hey 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
exceedin an amount of $10,000 or which, together with all other previously.approved change 9
orders for that contract exceeds finrenty-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: J
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended
by adding the following paragraph after the .fourth paragraph:
Workin drawin s or plans for any structure not included in the plans furnished by the g 9
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.
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The second paragraph in Section 5.1.01, "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.ln no event, shall a .notice of less than 24 hours be considered a reasonable
length of time.
Section 5-1.08, "Inspection" of the Standard Specifications. is amended by adding the
following paragraph after the first paragraph.
Whenever the Contractor vanes 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 th.e 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. eneral revailin rate for holiday and overtime to all workers employed in .the construction of this
9 p 9 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 ins action in the Public Works Department. The schedule is incorporated herein by this. p
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 PAYROLLRECORDS. The fourth paragraph in Section 7.1.01 A(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 Specifcations and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and
Housin Act Government Code Sections 12900 through 12996), to the regulations promulgated by 9 (
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.
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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 ail 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.
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 ($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
-R approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction
Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or
Structural .Engineer.
Nothing in this section shall be deemed to allo~v the use of a shoring, sloping, or
protective system less effective than that required by the Construction Safety Orders of the Division
of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or
any of its employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the
same meaning as in Labor Code Sections 1720 and 1722 respectively.
5.1.09. SOUND CONTROL REQUIREMENTS. Sound control shall conform to the
provisions in Section 7-1.011, "Sound Control Requirements," of the Standard Specifications and
these special provisions.
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.The noise level from the Contractor's operations, between the hours. of 9:00 P.M, and
6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in noway relieves the
Contractor from responsibility. for complying
with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job. or related to the job,
.including but. not limited to trucks, transit mixers or transient equipment that may or may not, be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings
except those, required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered
~as included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefor.
5.1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses,
a all charges and fees, and give all, notices necessary and incidental to the due and lawful pY
prosecution of the work from any and all governmental organization which require such permits,
licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS, Contractor shall limit his Meld working hours from 1:00 A.M. to
4;30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work
be and these limits. Any time work proceeds beyond the time limits or on holidays or weekends, the Y
Contractor will be charged for all associated overtime charges and said charges may be withheld
from contrry~~t retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
existin andfuture State and National laws and all municipal ordinances and regulations of the City 9 of Bakersfield which in any manner affect those engaged or employed in .the work, or the materials
used in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the same.
~ ~ 5-1.13 CONTRACTOR'S INSURANCE, The Contractor shall not commence work under
this contract until he has obtained all insurance required under this section and the required
certif cater of insurance have been filed with and approved by the City Risk Manager and the Public Works. De artment, rior .shall the Contractor allow any Subcontractor to commence work on his p
subcontract until said certificates of insurance have been filed and approved by the City Risk
Mana er and the Public Works Department. Contractor. shall be responsible for any deductibles 9
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:
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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 x$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 x$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;
Worke'rs' compensation with statutorX limits and employer's liability insurance with limits
of not less than one million x$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.
All policies shalt 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 performed under the terms of this agreement is satisfactorily completed as evidenced
by formal acceptance by the City.
All costs, of insurance required under this agreement shall be included in.the Contractor's
bid, and no additional allowance will be made for additional costs which may be required
by extension of the insurance policies.
5.1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor
shall provide the City with the foreman's or superintendent's name who will be in charge of this
project. .
5.1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section
7.1.165, "Damage by Storm, Flaod, Tidal Wave or Earthquake," of the Standard Specifications is
deleted and shall not apply to this contract.
13 ~ ~ .
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 sha11 inform himself as to all regulations and requirements of the City
Engineer and Superintendent of Streets of the City of Bakersfield and sha11 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
b the City. The Contractor shall make his own arrangements, and pay all expenses for additional Y
area required by him outside of the limits of right of way unless otherwise provided in the special
provisions.
5.1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council,
the Contractor has violated any terms of this contract, #ailed to supply an adequate working force, or
material of proper quality, or has failed in any other respect to prosecute the work with the diligence
and force specified and intended in and by the terms of the contract, notice thereof in writing will be
served upon him, and should he neglect or refuse to provide means for a satisfactory compliance
with the contract, as directed by the Engineer, within the time specified in such notice, the City
Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it
as the City Council may designate. Upon such suspension, the Contractor's control shall terminate,
and thereupon the City Council, or its duly authorized representative; may employ other parties to
carry the contract to completion, employ the necessary workmen, substitute other machinery or
materials, and purchase the materials contracted for, in such manner as the Engineer may deem
proper; or the City Council may annul and cancel the contract and re-let .the work or any part
thereof. Any excess of cost arising therefrom over and above the contract price will be charged 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 ar failure to fulfill
the contract. The Contractor and his sureties will be credited with the. amount of money so forfeited
toward any excess of cost over and above the contract ,price, arising from the suspension of the-
operations of the contract and the completion of the work by the City as above provided, and the
Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance
with the contract as to warrant the suspension or annulment thereof, the decision of the City Council
shall. be binding on all parties to the contract.
5.1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
sus end the work wholly or in part, for such period as he may deem necessary, due to unsuitable
p 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
immediate) obe such order of the Engineer and shall not resume the work until ordered in writing Y Y
by the Engineer,
5.1.20 PAYMENTS. Attention is directed to Sections 9-1,06, "Partial Payments," and
9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions.
14
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 9-1.076, "Final Payment and Glaims," of the Standard Specifications, the following shall apply:
The C' may withhold funds, or because of subsequently discovered facts, nullify the ~Y whole or any part of any certificate for payment, to such extent as may be necessary to
protect the City from loss due to causes including but not limited to the following;
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any
unpaid balance;
e. Damages to another Contractor; and
f. .Breach of any terms of this contract.
r
When an and all such causes are removed, certificates shall be issued for amount y
withheld.
The fifth aragraph in Section 9-1.076, "Final Payment and Claims," of the Standard p.
Specifications is amended to read:
The Director will make the final determination of any claims which remain in dispute after
com letion of claim review, A board or person designated by said Director will review p
. ~ such claims and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the
amount of work done thereunder,- and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and
all amounts to be retained under the provisions of the contract. All prior partial estimates and
a ments shall be subject to correction in the final estimate and payment. The final payment shall py
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 mutual) a reed between the parties to the contract that no certificate given or Y9
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 a rees that the payment of the final amount due under the g 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.
15 '
5.1.22 INCREASED OR DECREASED GIUANTITIES. The word "compensation" in the
following paragraphs of the Standard Specifications is replaced with the words "unit puce";
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
a roved b the Engineer before delivery is started and before such material is .used in the work. pp Y ~ rescribed shall be submitted b the Representative preliminary samples ofi the character and quality p y
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 specii~cations.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or
dis oral sites used by the Contractor to produce or dispose of material for this project shall. comply P
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 contracts-hall apply to all-borrow or disposal sites utilized by the Contractor.
U on corn letion of thework, all such sites and haul roads shall be graded and treated p p
so that, at the time of final inspection of the contract, they will drain, will blend with surrounding
terrain, and wiU 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 author' Navin 'urisdiction or from the appropriate pollution control boards and such permits
~Y g 1 his contain requirements which conflict with the requirements in the first and second paragraphs of t
section, the requirements of the permits shall govern over the conflicting requirements of this section
provided the permit requirements .have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material
sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor.
fi-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07,
"Certificates of Com liance," of the Standard Specifications, the Engineer may permit the use of p
certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of
Compliance,
16
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7.1.01. ORDER OF WORK. Order of work. shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed
-into operation. Pavement delineation shall be replaced by temporary delineation before opening the
traveled way to public traffc. 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 ermanent delineation. Full compensation ;for temporary delineation shall be considered as P
.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 front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal
is placed ,into operation.
Prior. to commencement of the traffic signal functional .tests, all items of work related to
the signal control shall be completed and all signs shall be in place.
7.1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway.~Faciiities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other
R im rovements that are to remain in place within the construction area or that are to be relocated and p
relocation operations have not been completed. 1n 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 dama a or interference with service resulting-from conducting his operations.. The exact location of
g 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
correct) located on the plans will not be compensated for as idle time. However, additional contract Y
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..
17
Except in the case of extra work, full compensation far conforming to the requirements ofthis
article shall be considered as included in the prices paid for the various items of work and no additional
compensation will be made therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs,
lights, flags and other warning and safety devices when performing work which interferes with or ndangers the safe movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the
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
MING AVENUE ~ BOTH 8:30-4:00 OLD RIVER ROAD BOTH 8:30-4:00
a Where construction operations are actively in progress, a minimum of one traffic lane, not less than
twelve feet in width, shall be open for use by public traffic. Where construction operations are not
actively in progress not less than two such lanes sha11 be open for use by public traffic. Public
traffic may be permitted to use the shoulders and, if half width construction methods are used,. may also be permitted to use the side of the roadbed opposite to the one under construction.. No .
additional compensation will be .allowed for any shaping of shoulders necessary for the
accommodation of public traffic thereon during paving operations.
In order to ,expedite the passage of public traffic through or around the work and where ordered
bythe Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction
area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic.. Also, where directed by the Engineer, the .Contractor
shall furnish competent flagmen whose sole duties shall consist of directing the movement of
public:traf~c 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 ofthis article shall be considered
as included in the prices paid for various items of work and no additional allowance will be made
therefor.
18
7.1.04 EXISTING HIGHWAY FACILITIES. Thework 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.
Existin C' hi hway signs and street markers shall remain the property of the City, Such signs g ~Y g
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
-j 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 twa 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.
7.1.05 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement
markings to be removed will be as shown on plans and as designated by the Engineer,
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the
pavement by any method that does not materially damage the surface or texture of the pavement or , surfacing. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings,
the area shall be shielded so that no material from the blasting operation is allowed to enter the area
that is open to public traffic. Sand or other material deposited on the pavement as a result of removing
traffic stripes and markings shall be removed as the work progresses, Accumulations of sand or other
.material which might interfere with drainage or might constitute a hazard to traffic will not be permitted.
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.
19
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
' be measured ~ as ainted traffic stripe. Quantities of pavement markings removed will be stripes vv~ll p
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
corn ensation for fumishin all labor, materials, tools, equipment, signs and for doing all work necessary p g
for removing existing striping as shown on plan and as directed by the Engineer,
7-1.Ofi ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside si ns 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 er unit for install roadside signs {GSP Posh. Installation of one or more sign panels mounted on a
p single post shall be counted as one roadside sign {GSP Post).
- OVERHEAD SIGNS. overhead signs shall conform to the applicable provisions in Section 71.07
56, "Signs," of the Standard Specifications and these special provisions.
Mast-arm hanae_rs for street name signs will be furnished and installed by the City.
tre nom i n will be furnished and installed by City of Bakersfield using mast-arm hanger
methods such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptab e
equal.
rhead si ns installed on si nal oles, mast-arms or on flashing beacon mast-arm shall be Ove g g p :furnished and installed by the Contractor in accordance with the plans and these special
rovisions. Corn ensation for overhead signs shall be considered included in the respective p p
contract lump sum price or prices for signal, flashing beacon, or combination thereof.
- TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by 71.08
the En ineer, replace all obliterated pavement delineation with temporary delineation during the 9
same work period, and in no case later than 7:30 a.m. following such work period.
Tem ora delineation consists of reflective traffic line tape applied in pieces not less than 4 p ry
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 tern ora delineation .applied to asphalt concrete patches immediately prior to
P ry applying asphaltic emulsion tackcoat for asphalt concrete overlay,
A stri in Ian will be made. available to the Contractor when trafficdelineation is to be p gp
modified by the. City.
20 '
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,
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7.2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new.
~a foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused.
Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard
S ecifications and shall contain not less than 470 pounds of cement per cubic yard, except for pile p foundations shall contain not less than 564 pounds of cement per cubic yard.
7.2.02 CQNDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods. Installation using
jacking or drilling shall conform to Section 86-2.05C, "Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications;
1. Conduit shat! be rigid non-metallic type. Conduit shall be placed under existing pavement
in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all
r loose uncQmpacted 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 fnished grade,
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled
with a one (1) sack slurry cement backfill. Slurry cement backfill shall be placed to within
0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with asphalt
concrete produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section
39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and
` ~ compacting of asphalt concrete shall be performed by any method .which will produce an
asphalt concrete surface of uniform smoothness, texture, and density.,
4. All excavated areas in the pavement shall be backfilled by the end of each work day,
Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed,
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 in Section 86-2.08, "Conductors," 'and Section 86-2.09, "Wiring,"
of the Standard Specifications and these special provisions.
21
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits
except between the service switch and controller cabinet.
Only multi-conductor cable conforming to the following shall be used;
5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white
and black.
9 Conductor cable consisting of 1 No. 12 conductor colored white and 8 No. 14 conductors
ra colored 1 each red, yellow, brown, black, red/black stripe yellow/black stripe, brown/black
stripe and white/black stripe.
28 Conductor cable consisting of 1 No.10 conductor colored white and 27 No. 14 conductors
colored as indicated in the following conductor table for a single ring operation.
CONDUCTOR TABLE
Insulation Colors
Signal Phase Circuit Or Function .Base Stripe
2 & 6 Red, Yellow,Brown ~ Black
Vehicle 4 & 8 Red, Yellow,Brown Orange
Signals ~ 1 & 5 Red, Yellow,Brown Silver
3 & 7 Red, Yellow,Brown Purple
2p & 6p Red, Brown 2 Black
Pedestrian 4p & 8p Red, Brown 2 Orange
Signals 1 p & 5p Red, Brown. ~ 2 Silver
3p & 7p Red, Brown 2 Purple
2p & 6p Blue ' Black
Pedestrian 4p & 8p Blue Orange Push Buttons 1p & 5p Blue Silver
` 3p & 7p Blue Purple
Pedestrian
Push Buttons White Black
Common Signal White None
Railroad
Pre-emption ~ Black Red
Spare Black None
The cable sheath shat) be polyethylene and the conductor insulation shall be Type THW1V
polyvinyl chloride,
22
Conductors shall be spliced by the use of "C" shaped compression connectors as shown
on Standard Plan ES 13.
Splices shall be insulated by "Method B."
7.2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of
. the Standard Specif cations and these special provisions.
Unless otherwise noted, service shall be as shown on the plans and shall be furnished with
:z 100 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers:
No Amps Phase Volts Branch Metered
. 1 60 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
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
µ 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 Y as .described in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND
LIQULDATED 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, a,nd the installation thereof, shall conform. to the provisions in
Section 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and
86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic. .
All lamps. for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications, shall be amended to read as follows:
Slip-fitters and terminal compartments shall be cast 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. .
23
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 3i0-watt high pressure sodium lamps and integral ballasts.
An in-line fuse shall be located in the pull box.
7.2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform
to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these
special provisions.
Each luminaire shall be provided with a Type IV photoelectrical
control.
7.2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the _
controller and cabinet assembly for each location.. The central pad on the Foundation Detail in State
Standard Plan ES-46 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 S ecifications and these special provisions. Location and layout of detector loops shall be p as directed by the Engineer.
INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown
on the plans.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After ~;onductors 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 the~following;
The sealant shall be a olyurethane material of a composition that will, within its stated shelf life, p
cure only m the presence of moisture. Sealant shall be suitable for use m .both asphalt concrete and
portland cement concrete.
24
The cured sealant shall have the following performance characteristics:
Measuring Standard
And Conditions
Prover an Results
Hardness (indentation) - 65-85 ASTM D 2240 Res. Type A, Model 1700
77deg.F(25deg.C) SO% relative humidity.
Tensile stren th - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. g
Elongation - 400%, minimum ASTM D 412 Die C, pulled at 20 IPM. .
Flex at - 40deg.F- no cracks 25 mil Free Film Bend (180deg)overll2"
Mandrel.
Weathering Resistance -Slight ASTM D 822 Weatherometer 350 Hrs.
Chalkin Cured 7 days at ?7deg.F(25deg.C}5o% g relative humidity.
2. As haltic Emulsion Inductive Loop Sealant shall conform to State of California Specification p
8040-41 A-15.
Loo conductors shall be installed without splices and shall terminate in the nearest pull box. The loops p
shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained
at the sensor unit.. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer.
All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same
.pull box, shall be spliced to a cable which shall be run from the pull box adjacent to the loop detector to a
.sensor unit, mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only.
All loo conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count
p station cabinet when such a cabinet is installed.
.Conductors for inductive loo traffic signal and traffic counting installations shall be identified and p
banded, in pairs, by-lane, in the pull box, adjacent to the, loops and near the termination of the conductors
in the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 8fi-2.09,
°11Viring."
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).
If as halt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to p
,placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the. plans,
in the com acted layer of asphalt concrete immediately bei~ow the uppermost Payer. Installation details p shall be as shown on the plans, except the .epoxy sealant shall fill the slot flush to the surface. Detector
loops in concrete pads shall be sealed with epoxy sealant.
Loop detector lead-in cables shall conform to the provisions in Section 86-5.01 A (4), "Construction
Materials," of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop -wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be
.soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and
25
Lo detector I d-i cables sh be ype B, and .hall onform to a ollo
p
Loo wires ' tfie ull ox sh 11 be twist at a inimum to of turns p r oot, nd the p.
splic mu be soldere an completely ater roof. Conn t o e end oft shie! to earth
group cabinet) and i late the other- with no pos ' I path to ea group
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor.
7.2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the
m attached uaranteein all s stems, except traffic signal lamps, installed under this contract for for , g 9 Y
a period of one (i J year from .the date of acceptance of the work. The guarantee, properly executed,
shall be filed with the City before notice of completion and final acceptance is made by the City of
the work described on the plans and these special provisions..
7.2.14 PAYMENT. Payment for signals and lighting shall conform to the provisions in
Section 86-8, "Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations s-hall 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.
Wirin for traffic signal interconnect will not be installed on this project only. g
PAYMENT. Full corn ensation for installing traffic signal interconnect including conduit and p
pull boxes will. be considered as included in the prices paid per lineal foot of traffic signal interconnect, and no separate payment will be made therefor,
y
26
r - .
ALTERNATE LOCATION TO 8E TYPE B.S.S.
USED WHEN THE SIDEWALK Y 2~~ GALVANIZED PIPE
EXTENDS FROM THE CURB J AS PER AMERICAN FENCE CO.
TO fiNE PROPERTY LINE, Q 3
PARTICULARLY IN COMMERCIAL o
AREAS. - ~ ~ ~ cn
II p fl - ~ . ' ~ Y
tl v it Q
. ~i m
2~0~~-~I
i~ '
~ Z O-
M ~ iii ~ ~ B~~MIN.
~1~1 CLASS 8~~ P C.C.
I~
C
• .
APPROYEO
ANEOUS SIGN M 1 SCE LL
E TA 11. D CITY ENGINEER
own /2/~5/BS
RECORDED 19-- CITY OF' BAKERSFi ELD
N BOOK ___...__1T ~AGE~ CAL 1 FO R N I A oRAwN G• ~ G OFIriCtA~ RECORDf OR
KERN COUNTY, cAL,RORN~A ENGINEERING DEPARTMENT cMEClcaoS.L. ~
PROPOSAL FOR
TRAFFIC SIGNAL ON MING AVENUE AT OLD RIVER 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
`f 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 rf 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 undersi ned further agrees that in case of defaul# in executing the required contract, with necessary
g bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready
for signature, the proceeds of the check or bid bond accompanying his bid shall become the property of
the City of Bakersfield,
Bidder acknowledges receipt of the following addendum: .
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE (in figures)
1, LUMP SUM ~ Install Traffic Signal
2, 3085 SF Remove Traffic Strips
and Pavement
Markings
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
27
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION QUANTITY MEASURE (in Figures) PRICE
N0. (in figures)
3, 1555 LF Install
Interconnect
conduit
4; 16 EA, Remove
Roadside
Signs
5, 8 EA Install
Roadside
Signs.
SIGNED TOTAL
Page 2 of 2
28
he Extension Price has been calculated by multiplying the Estimated quantity by the Unit Price, T
e of lum sum items, the Estimated Quantity shall be unity, The Bid Total 1s the sum of all I n the cas p
ion Prices. Bidder a tees that in case of any discrepancy between the Unit Price(s) and the Extens g
' e Extension Prices and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted respectiv ded however if the
shall be the correctly computed sum of all correctly computed Extension Prices, prove , 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,
As to unit basis items, the amount set forth in the Extension Price column shall be
(2} and the rice thus obtained shall be the divided by the estimated quantity for the item p
Unit Price,
LIST OF SUBCONTRACTORS
arties submttin a bid roposal on the project shall complete the following form, setting All persons or p g p
orth the name and the location of the mill, shop or office of each subcontractor who will perform work or f
labor or render service to the Contractor in or about the construction of the work or improvement m
ess of one-half of one 1 percent of prime Contractor's total bid, or TEN THOUSAND DOU~RS exc (
10 000 ,whichever is greater, and the portion of the work which will be done by each subcontractor,
This list is to be completed and submitted with said bid proposal,
Subcontractor's Name Description of portion,
and Street Address Ci State Zi of work subcontracted
(attach additional sheets if needed)
29
[This form shall be completed by all Bidders and submitted w h the Bidj
(TRAFFIC SIGNAL ON MING AVENUE AT OLD RIVER ROAD)
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of Cal'rfornia ~ )SS.
County of )
being first duly sworn, deposes and
Name
says that he or she is _ of Title Company
the a making the foregoing bid that the bid is not made in the interest of, or on behalf. of, any p ~Y 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 any g
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived,
or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix. the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element~of the. bid price, or of that of any other bidder, or to secure any advantage against the
ubiic body awarding the contract of anyone interested in the proposed contract; that all statements p
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or aid, and will not pay, any fee to any corporation, partnership, company, association, p
organization, bid depository, or to any, member or agent thereof to effectuate a collusive or sham bid,"
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
thisiday of , 19~,
t
30
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case
may be), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE If bidder or .their interested person is a corporation, state legal name of corporation, also
names of the president, secretary, treasurer, and manager thereof; if a copartnership, state
true name of firm, also names of all individual copartners composing firm; if bidder or
other interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
.Contractor's License No
SIGN
HERE
Signature of Bidder
NOTE-•If :bidder is a corporation, the legal name of the corporation shall be set forth above together with the
signature of the officer or oft"icers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or
partners authorized to sign .contracts in behalf of the copartnership; and if bidder is an individual, his signature
shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a
partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to
opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No
Place of Residence
Dated ...........................................~.9...........
31
BIDDER'S BAND T4 ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid}
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly
bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of _
dollars to be paid to said City, for which
payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain, proposal, hereunto annexed, to construct _
in the City of
- Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is .accepted by the Coun~~il 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 VI~ITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 19 .
(Seal}
(Seal)
_ ~ (Seal}
32
STATE OF CALIFORNIA } ss.
COUNTY OF )
On this- day. of , 19_, before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
r
and acknowledged to me that he/she subscribed the name of _
thereto
as surety, and his own name as Attorney in Fact.
E IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public in and for said County and State
Page 2 of 2
33
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAI~RSFIELD
Department of Public Works .
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No._ for:
TRAFFIC SIGNAL ON MING AVENUE AT OLD RIVER ROAD ,
awarded on ,between the City of Bakersfield (hereinafter referred to as the City}, and the
undersigned, which contract provides for the installation of tra_, f~c_signal and li~hting__system_ and under which
contract the undersigned has f urnished 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
lanned, due to any of the above causes, all within (1) year after date on which said contract is accepted by the P
City, the undersigned agrees to reimburse: the City, upon demand, for its expenses incurred in restoring said
systems to the condition contemplated in said contract, including the cost of any equipment or materials
replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that-they will operate successfully as originally contemplated.
. The City shall have the option to make any needed repairs or replacements itself or to have
.such replacements or repairs done by the. undersigned.. Prior to such replacement or repair work being done by
the City,. the .undersigned shall have the option to make any needed repairs or replacements. In the -event the
City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall
commence to be made and such materials as are necessary shall commence to be furnished. and installed within Twenty-Four , X24) hours of the date specified in the City's written notification. Contractor shall
prosecute with due diligence to complete the work within a reasonable period of time, as specified in the. City's
written notification.
. ~ Said system will. be deemed defective within the meaning of this guarantee in the event, that
they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract.
Date Contractor's Signature
Firm
Address
34
GUARANTEE
MATERIAL AND WDRI~VIANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for: ~ .
TRAFFIC SIGNAL ON MING AVENUE AT OLD RIVER ROAD
awarded on ,between the City or Bakersfield (hereinafter referred to as "City"), and the
undersigned, which contract. provides for the installation of trafi~ic 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: y
When the project is .completed and accepted, we guarantee the same to be free from
imperfect workmanship and/or materials, and we~agree to repair and/or replace at our. own cost and
expense, any and all such work, and/or materials which may prove defective in .workmanship or materials
within a period of one (1) year from the date of acceptance of the above named construction project,
ordinary wear and tear or neglect. excepted. We also agree to repair and/or replace, at our own cost and
expense, any work and/or materials that we may disturb or displace in making good such defects.
Within twenty-four (2} hours after being notified in writing by the City. or the City's
representative, or the agent of either of them, of any defects in said work ar materials, we agree to
commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee
and to complete the. work within a reasonable period of time, and in the event of our failure to so
comply, we collectively and expressly do hereby authorize the City and/or the City's representative, .
or the 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
a construction project and the City's representative, and shall be enforceable by either of them.
DATED
Contractor's Name
Authorized Signature
3~
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
D
IT 1S HEREBY AGREED that ,agrees to indemnify and hold harmless the
City of Bakersfield, its agents, employees or any other persons against loss or expense including
attorneys fees, by reason of the liability imposed by law upon. the City, except in cases of the City's
sole negligence, for damage because of bodily injury, including death at any time resulting ,
therefrom, .sustained by any person or persons., or on account of damage. to property arising out of
or inconsequence of ~ .
(agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the.
City), defend the City of Bakersfeld with appropriate counsel and shall further bear all costs and
expenses, including the expense of counsel, in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
3fi
SAMPLE SAMPLE.
CONTRACT N0.
THiS AGREEMENT, made and entered into on , 1992, by and between
the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City," and
hereinafter called "Contractor";
WHEREAS, City has duly advertised for sealed proposals for
,within the City of Bakersfield. ~On ,
the contract was awarded to Contractor upon his properly executed bid; and
WHEREAS, one of the conditions of said award required a formal. contract to be executed by
and between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows.
ARTI CLE i
Contractor agrees to furnish supplies, equipment, labor and materials for
,within the City of Bakersfield.
ARTI CLE
The following shall be deemed to be part of this contract as if fully set forth herein.
1. Notice to Contractors
2, Special Provisions
3, Bid Proposal .
4. Bidder's Bond 5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in
this contract whether actually inserted or not.
9. Hold Harmless Agreement
10. Current PWI (if required by Specifications}
1 of 2
37
f
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the
day and year first-above written.
uCiT1r' uCONTRACTOR"
CITY OF BAKERSFIELD
By
Clarence E. Medders
Mayor
APPROVED AS TO FORM:
Lawrence M. Lunardini City Attorney
APPROVED AS TO CONTENT:
Ed W. Schulz
Director of Public Works
COUNTERSIGNED:
.Gregory J. Klimko
Finance Director
38
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
. hereinafter called NOwner",
whose address is
hereinafter called "Contractor" and
whose address is ~
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent
agree as follows. ~ .
1. Pursuant to Section 22200 of the Public Contract Code of the State of California,
Contractor has the option to deposit 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 thereinafter referred to as the, "Contract"). When: Contractor
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the
Owner within. ten (10) days of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be withheld as retention
under the terms of the Contract between the Owner and Contractor, Securities shall be held in
the name of ~ , and shall designate
the Contractor as the beneficial owner,
2. The Owner shall make progress payments to the Contractor for such fundswhich
otherwise would be withheld #rom 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.
39
4. Contractor shall be responsible for paying all fees for the expenses- incurred by
Escrow Agent in administering the escrow account. These expenses and payment terms shall be
determined by the Contractor and Escrow Agent.
- 5. The interest earned on the securities or the money market accounts held in escrow
and all interest earned an that interest shall be for the sole account of Contractor and shall be
sub'ect to withdrawal by Contractor at any time and from time to time without notice to the 1
. Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account ,only by written notice to Escrow Agent accompanied by written authorization.
from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to
be' withdrawn by Contractor .
7. The Owner shat! 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 notifcation 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 ali securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed
immediately upon disbursement of all moneys and securities on deposit and payments of fees
y and. charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the
Contractor pursuant to Sections (4} to (6}, inclusive, of this agreement and the Owner and
Contractor shall hold Escrow Agent harmless from Escrow Agent's. release and disbursement of
.the securities and interest as set forth. above,
10. The names of the persons who are authorized to give. written notice or receive
written notice on behalf of the Owner and on behalf of Contractor in .connection with the
foregoing, and exemplars of their respective signatures, are as follows:
On behalf of Owner: On bQhalf of Contractor:
Title ~ Title
Name Name
Signature Signature
Address Address
40
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the
Escrow Agent a fully executed. counterpart of this. Agreement.
IN WITNESS. WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
NOTE; THIS PART SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1, 1992, AND AS OF
THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS CHARTERED ON
OR BEFORE JANUARY 1, 1992, DELETES OR .EXTENDS THAT DATE.
. 41
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation,
hereinafter designated the "Owner," has, on ,DATE OF AWARDl,19_, awarded to N{ AME OF
CONTRACTORI , a corporation organized and doing business under and by virtue of the laws of
the.State of California, hereinafter designated as the "Principal," a contract for the PROJECT
DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; and
NOW, THEREFORE, WE; the Principal, and(LEAVE BLANK FOR .BONDING
COMPANY , as Surety, are held and firmly bound unto the Owner in the sum of 100°° OF
AMOUNT AWARDED AT COUNCIL MEETING). lawful money of the United States, for the payment
\ ~ of~which~ sum, weft 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 06LIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors,. or assigns, shall in all things
stand to and abide by, and well and truly keep and .faithfully .perform the covenants, conditions,
and agreements in the said contract and any alterations made as therein provided; on his or their
part, to be kept and performed at the time and` in the manner therein specified, and in all respects
according to their true intent and -meaning, and shall indemnify and save. harmless, the Owner, its
officers and agents as therein stipulated, then this, obligation shall become null and void;
otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit
is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed
by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one (1) year ;after the completion
and acceptance of the said work, .during which time. if the above mentioned Principal, his or its
heirs, executors, administrators, successors, or assigns shall fail to make. full, complete, and
satisfactory .repair. and replacements or totally protect the said Owner from loss of damage made
evident during said period of one year from the date of,acceptance of said work, and resulting.
from. or caused by defective materials and/or faulty. workmanship in the prosecution of[the work
..done, the above obligation in the. said amount shall remain in full force and effect. However,
anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
42
Page 1 of 2
And the. said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the contract or to the work to be performed
thereunder or the s ecifications accompanying the same shall, in any way, affect its obligations on this p
bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to
the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions
of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and .reasonable expenses and fees, including reasonable attorney's fees,
incurred b the Owner in successfully enforcing such obligation, all to be taxed as costs and included Y in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of ,19,_, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by -its undersigned representative,
pursuant to authority of -its governing body.
Principal
Seal} ~ Signature for Principal Title
(
Surety
Seal Signature for Surety Title ( )
(Attach notarization form. for each required signature,} . z
Page 2 of 2
43
MATERIAL -LABOR BOND
..KNOW ALL MEN BY THESE PRESENTS, THAT; WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on
.DATE OF COUNCIL MEETINGI, awarded to NAME OF CONTRACTORI, 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, upon, for, or about the performance of the work contracted to be
done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, the Principal, and ,LEAVE BIANK FOR BONDING COMPANn, as
Surety, are held and firmly bound unto the Owner the penal sum of X50% OF AMOUNT AWARDED AT
COUNCILMEETINGI dollars lawful money of the United .States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its. heirs, executors, administrators,. successors,, or assigns, shall fail to pay for ,any materials, provisions, or other
supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work
or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with
respect. to work or labor performed under the contract, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State. of .California with respect
to such work or labor, as required by the provisions of Chapter III', Division V, Title I of the Government
Code of the State. of California, or with respect to any work or labor for which a bond is required by the
provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that
the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed
or performed, or any person who performs work or labor upon same, or any .person.who supplies ,both
work and materials, thereto, ,shall have complied with the provisions of said Civil Code, then: said Surety
will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will -pay
in case suit brought upon this bond., such reasonable attorney's fees to the Owner as shall be fixed by
the court.
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This bond shall .,insure to the benefit of the Owners and any anal all persons, companies, and
corporations and their respective assigns entitled to file claims under applicable State law, .including,
but not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond,
And the said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition of the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall, in-any way, affect its ~ obligations of this bond, and it
does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the
contract or to the work or to the specifications, Said Surety. hereby waives the provisions of .Sections
2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their
seals this- day of 19_, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative, pursuant
to authority of its governing body.
Principal
(Seal}
Signature for Principal Title
Surety
(Seal}
Signature for Surety Title
_2_
45
•
This form should he sent to the Joint Aoprent~ceshio Commrttee of the craft or trade ;n the area of .the site of the puoiic work. f
you have any vuest~ons as to the address of the, anproonate PU 8 L1C 1N0 RKS
Joint Apprenticesn~o Camm~ttee, contact the .nearest office of - ~~e Civision of Aaorent~cesnio Standards BOAS). Consu~t your CONTRACT .AWARD 1NF~R1V1ATl0iV
~eonone directory under California, State. of, ~ndustria!
rlelauons, far the DAS office in your area.
,vAr~oFCavrAacTCa ~ c~,~rRACTC~s sTATE ~.c~NSc tip.
C.;~Y~RACTCRS MA~1NG AOOAESS -.vUMeER b STAErT, C,"Y, Z.P CCC~ ,~AE~1 CC~E b ~ ~.cr!-+O(vE N0.
,NAME 8 LOCaT1CN OF ~~BLlC WORKS PROJECT ~ CAT"c OF CCNTFACT ~waAo
OATc OF ~(PECTEC OR ACiI;AI. SiAAT OF PRO;;cC~
NAME b AOORESS CF ~~..BUC AGcNCY AWAADIIVG CvNTRACi c~ ~ .MATED NUh~Efi OF aO1;RN~'ME3V HOURS
APPRENTICES
OCrL'?ATiGV OF APPRE'~T1CE ~UM9E,~ TO 8E ?41Pl.OYEJ APPQOXIMATE ~ATES'0 ?E S'~PtoYE'J
. ~
Chuck One Of The. Boxes Below:
9cx t ~ ' We .request dispatch of apprentices) for this joo. We voluntarily choose to comply with the aoo~icable Joint
~oprenticeship Committee Standards for the duration of this job only, in training the aoorentice~s~. '~Ne
assume no other obligations to the committee or unions under State or Feaeral laws..
Box 2 We request dispatch of apprentice(s~ for this job. We do not wish to follow ~ the applicable Joint
Aoprentic.eship Committee Standaras in training the apprentices; instead, we agree to emo~oy and train aoorentice(s~ .in accordance with the. Califiornia 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.
Box 3 ;r' We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards.
Box 4 We do not request the dispatch of apprentice(s~ since apprentices are not required on this job. under the provisions of California Labor Code Section 1777.5, because:
Signature
Typed Name
Tille Dace
State of California - Oeoartrnent of Industrial Relations ~~s Sao New ~~90► DIVISION OF APPRENTICESHIP STANDARDS
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