HomeMy WebLinkAbout1989 Special Provisions Project 51013COPY N0.
CITY C~ BAI~ZSF IELD
CALIFORNIA
NOTICE TO CO1~ITRACTORS
SPECIAL PROVISIONS
1.
BID PROPOSAL AND CO~~TRACT r
FOR
T]~AFFIC SIC~L SYSTEM ON PIN Q~K PARK BLVD. AT
WHITE ~~E
~
~
BID OPENING: MATE November 30, 1989
TIME 2:00 P.M.
~ PROJECT N0. 51013
~~FESS~p 04
I RRS ~ DEPART!!~ENT OF PURL C WO ~Q ~ ~ ~
J CITY OF IELD ~
. ~ ~ ~ 1501 TRUK7CUN AVIENUE m
BAKERSF IELD CA 93301 No. 32304 ~
Telephone: (805 326-3724_ EXP. 2~ 92
~ ~ S ~ ~P
1~ ClV~ ~ ~ ~
GAL
102589
D12: 51013
CITY OF BAKERS IELD
DEPARTMENT OE PUBLIC WORKS
NOTICE TO C aNTRAC TORS
SE~~LED PROPOSALS will be received by the City of Bakersfield ~at the Office of
the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California,
until 2:00 0' clock P.M. on November 30, 1989 to be publicly opened and read
immediately thereafter, for the following work:
TJ~AFF IC SIGNAL SYSTEM ON PIN QAK PARK BLVD. AT WHITE I~~NE
Plans and .specifications, and forms of proposal, .bonds, and contract, maybe obtained at the office of the Purchasing Of f i~;er by posting a refundable deposit of
.ZERO 0.00 } for each complete set. Refund of deposit will be
made provided the plans and specifications are returned to the Purchasing Officer
within ten (10} days from date of bid opening and the documents are in reasonable
goad condition.
No bid will be considered unless it is made on a proposal form furnished by
the Purchasing Officer, which appears herein in~nediately following the SPDCIAL PRQVISION5 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 or. the entire work described herein.
Substitution of securities for moneys retained to ensure performance shall be
permitted pursuant to the provisions and requirements of Gover~unent Code 4590.
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 ~n 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 a Class C-10 Contractor's
License at the tip this contract is awarded.
.The work contemplated-shall be done in accordance with the. Standard
Specifications of the Department of Transportation, Business and Transportation
Agency, dated January, 19$8, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of -the California Labor Cock (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.
D12:51013.1 -1-
_ .
GI:~NERAL DESCRIPTION OF WnR~
The work to be performed consists, in general, of Installation of
traffic si nal and 1i htin s stern..
CITY OF BAKERSFIELD
ED(~R w. sCH~3LZ Public works Director
D12:51013.2 -2~.
CITY OF B~~KERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 - DEFINITIONS AND TEF~~S
1-1.O1 Gl~1ERAL. 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.
Ln case of conflict between the Standard Specifications and these
special provisions, the special provisions shall take precedence aver and be used
in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND Tl~. All definitions and terms in Section 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 Sakersf field, California.
Department of 'Transportation, CALTI~ANS -The Engineering Department of
the City of Sakersf field.
Director -City Engineer.
Engineer The Lity 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 thin act do not apply to this contract.
.Other terms appearing in the Standard Specifications,~the general
provisions, and the special provisions, shall have the intent. and meaning
specified in Section 1, Definition of Terms of the Standard Specifications.
D12:51013.3 -3-
SECTI~1 2. PROPOSAL REQUIRI ~MENTS
2-1.01 GE~IIERAL INFORMATION. The Purchasing Officer of the City of
Bakersfield, California, will receive at heir office, City Hall,. 1501 Truxtun Avenue, in said City, until 2 o'clock P.M. on. November 30, 1989 sealed
proposals for
Traffic Signal system on Pin Oak Park Blvd. at White Lane
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate ofthe
quantities of work to be doneand materials to be furnished are approximate onl , Y
being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or bar 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 ~n.t portions of the work that ma be
Y deemed necessary or expedient by the Engineer.
2-1.03 E~~AMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND
SITE OF 'WORK, The bidder is required to examine carefully the site of work, the
proposal., plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be
. encountered, the character, quality, and ,quantities of work to be performed and
materials to be furnished, and as to the requirements of the specifications, the
special provisions, and the contract. It is mutually agreed that the submission
of a proposal. shall be considered prima facie evidence that the bidder has made.
such examination.
2-1.04 REJECTION OF PROPOSALS COlU7CAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejectedif they show any alterations of form,
additions not called for, conditional or alternative bids, into fete bids,
, erasures or lrregularlties_Qf any kind. __Proposals 1n 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 FARM. All proposals must be made upon blank forms to
be obtained from the Purchasing Officer, the form of which appears herein
irr~mediately~following these special provisions. All proposals must give the
prices proposed., both in writing and figures, and must be signed by ..the.. bidder,
with his address. If the. proposal is-made by an individual, his name, telephone
n~u~ber and post office address must be shoran. If made by a f irm 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.
D:1~.51013.4 -4- ~;y~
2-1.06 BIDDSR' S GUA~~'~N'TEE. All bids shall be presented under sealed
cover and shall be accompanied by a Pro~x~sal Guaranty made payable to the City of
8akersf field, 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.
~r 2-1.0? R1~QUIRED LISTING OF PROPOSED SUBCON'CRAC'I~ORS. Each proposal
shall have listed therein the name and address of each Subcontractor to whom the
b-idler 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 Shawn 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
,ti performed, .shall not relieve the Contractor of his responsibility for furnishing
such omitted materials or performing such omitted work; butshall be 'furnished or
performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time
.prior to the time fixed in the public notice for the opening of bids by request
for the withdrawal of the bid filed with the Purchasing Department.. The request shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the nigh-t 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 of ter that crime,. 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-l.ll RELIEF OF BIDDERS. Attention is directed to the provisions of
Public Contract Code Sections 5100 to 5107r 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.
D12:51013.5 -5- GG:wrn
Public Contract Code Section 10285.1 Chapter 376, Stats, 1985)
provides as follows:
Any state agency may suspend, for a period of up to three years fr~n
the date of conviction, any person from bidding upon, or being awarded,
a ublic works or services contract with the agency under this part or P ,
from being a subcontractor at any tier upon the contract,. if that
person, or any partner, member, officer, director, responsible managing
officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or
federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Sect-ion 1141,
with any public entity, as defined in .Section 1100, including for the
u ses of this article,. the Regents of the University of California P ,
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 DISQiJALIFICATION 0~' BIDDERS. More than. one proposal from an
individual, firm, partnership, corporation, or combination thereof under the
same or different names will not be considered. Reasonable grounds for believing
that any individual, .firm, partnership, corporation or combination thereof is
interested in more than one proposal for the work contemplated may cause the
re 'ection of all z°o owls in which such individual, f inn, partnership, corporation ~ P P
or combination thereof is interested.: If 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.
f
D12:51413.6 -6-
SECTION 3. AWARD AND EXECUTi~T OF CC~~7CRACT
3~-1.01 GENERAL. The award of the contract, if it be awarded, will be
to the lcx~est responsible bidder, The language nresponsible" refers to not only the attribute of trustworthiness., but also to the quality, fitness and capacity
of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CON'.T'RACT. The award of the contract, if it be
awarded, will be made within forty-five { 45 } days after the opening of the
.,,proposals unless extension is approved by the lowest responsible bidder.
3--1.03 a~~~ACT BOND6. The Contractor shall furnish two good and
sufficient bonds. 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 ~~50Q) of the contract price
and shall guarantee payment to laborers, mechanics and material workers employed
on the job under the contract and shall be in the amount and satisfy the
requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties. on any such bonds, or on any bonds
required~by law for the protection of the. claims of laborers and material men,
become insufficient, or the City has cause to believe that such surety or
sureties have become insufficient, a demand in writing may be made of the
Contractor for such further bond or bonds or additional surety, not exceeding
that originally required, as is considered necessary,~considering the extent of
the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further
bond or bonds or additional surety has been furnished.
3-1,04 EXECUTION OF CONTRACT. The contract shall be signed by the
successful bidder .and returned, together with the contract bonds within ten X10)
. 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 wi hin 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 RET~JRN OF BIDDER'S GUA~~EES. Within ten ~ 10 } days after the award of the contract, the City of Bakersfield will return any monies or form
for deposit of money that are not to be considered in making the award. All
other proposal guarantees will be held until the contract has been finally
executed after which they will be returned to the respective bidders whose
proposals they accompany.
D12: 51013.7 -7- C~:wrn
_ _ .
SECTION 4 - BEGINNING OF ARK, TIME OF COMPLETIQN AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. .Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work,n Article 8-1.06, "Time of Completion" and
Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and. is
specifically hereby made apart of these special provisions.
Thy 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 t15~ days
after receiving written notice the contract has been approved
by the Gity Council if necessary and to proceed. The
Contractor shall diligently prosecute the same to completion before the expiration of 40 working days.
Contract working days will commence from the date the
Contractor begins work or the 15th calendar day from the date
of the written notice to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $ 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 fry
the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor, and said statement
h shall be ,furnished within fifteen ~15~ calendar days-from the. date of the
.contract. Said statement shall show the date or dates the electrical
m~at~-vials 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 n~unber of days extension shall be the
.working days between the date as determined according to Special Provisions,
Article 4-1.01, and the date of receipt of all components as determined by
the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and-the Engineer will order start of work in
writing. .
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SECTION 5. GENERAL
5--1..01 STATE C4lUTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State
Contract Act," and 9-1.10, "Arbitration," of the standard Specifications are deleted. This contract is not governed by the provisions of the State Contract
Act. The adoption and use of the Standard Specifications in the performance of
the work called for in this contract shall not be construed as an election by the
City to proceed under Section 20396 of the Public Contract Code. In the event
that a dispute arises between the parties, they are not obligated to sul~nit the
matter to arbitration in any form (although they may do so upon written
agreement}. ,
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases in work totalin
g more than ten percent (10~) of the contract amount shall be processed as a change
order subject to approval by the- City.
5-1.03 CON'I~OL OF Wl7RK. Control of work shall conform to the
- provisions in Section 5, "CONTROL OF WgRK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard
Specifications is amended by adding the following paragraph after the fourth
. paragraph:
working drawings ar plans for any structure not included in the plans
furnished by the Engineer shall be approved by the Engineer before .any
work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
_ is amended by adding the following .paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be
used. in common,,, in order to detect any variation from a straight grade,
and i~n case any such discrepancy exists, it must be reported to the
Engineer. If such a discrepancy is not. reported to the Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07,. "Lines and Grades" of the
Standard Specifications is amended to read:
'hen the Contractor requires such stakes or marks, he: shall notify
the Engineer of his requirements in writing a reasonable length of
time in advance of starting operations that require such stakes or marks, In no event, shall a notice of less than 24 hours be considered
a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended
by adding the following paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is
carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
D12:51013.9 -g-
_ _
5-1.04 PRIE~IAILING 'G~OE5. Pursuant to Chapter 1 of Part 7 of
Division 2 of the Labor Code (commencing with Section 1720}, Contractor agrees
that in performing said work, by himself or through any subcontractor, eight
hours' labor shall be a day's work and forty hours.' labor shall be a week's work,
and that Contractor shall keep an accurate record showing the name and actual
hours worked far all workers employed in said work, and that said record shall be N 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
a general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime to all workers employed in the construction of this project.
The prevailing rate for each craft, classification or type of work is determined
by the Director of the California Department of Industrial Relations, and. his
schedule of prevailing rates is on file .and available for inspection in the
Public Works Department. The schedule is incorporated herein by this 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. T4~IEENTY-FIVE DOLI[~~RS ($25) pursuant to Section x.775 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. '~i►~T~-FIVE DOLIG~~RS ($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.
w 5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.OlA(3),
"Payroll Records," of the Standard Specifications is deleted and shall not apply
to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section
7-1.O1A{4), "Labor Nondiscrimination," of the Standard Specifications and these
special provisions..
Attention is also directed to the requirements of the California Fair
Employment and Housing Act (Government Code Sections 129.00 through 12996), to the
regulations promulgated by the Fail Employment and Housing C~nmssion to
mplen~nt said Act, and to the nondiscrimination, affirmative action and equal.
employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES.. The Contractor's attention is directed to Article 7-1.O1A(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, a valid LIASAS 7 shall be returned as part of the Sealed Bid.
_ A current copy of valid DAS 7 for the Contractor and all Subcontractors shall be returned as part of the Sealed Bid.
D12:51013.10 -1G-
5-1.OH TRENCH SAFETY. The Contractor shall comply with Section X705 of the Labor Cade which provides that the Contractor's responsibility shall be as
follows:
If the contract price for the project includes an expenditure in
excess of `TWENTY°FIVE THOUSAND DOLI[~~RS ~ $25, 000) fore 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, shaving the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the City Engineer and
the detailed plans has been approved by- --the- City Engineer.
If such plan varies from the shoring system standards established by the
Construction Safety Orders of the Division of Industrial Safety, the plan shall be
prepared by a Registered Civil or Structural Engineer.
w Nothing in this section shall be deemed to allow the use of a shoring,
sloping, or protective system less effective than that required by the
Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on
the awarding body or any of its employees.
The terms "Public Works" and "Awarding Body,." as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SC~JND COOL REQUIREMENTS, Sound control shall conform to the
provisions in Section 7-l.OlI, "Sound Control. Requirements," of the Standard
Specifications and these special provisions.
The .noise level. from the_Contractor's operations, between the hours of 9:00 P.M and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. .This
requirement in no way relieves the Contractor from responsibility for complying
with local ordinances regulating.. noise level..
Said noise level requirement shall apply to all equipment on the job or
related to the job, including but-not limited to trucks, transit .mixers or
transient equipment that mayor may not be owned by the Contractor. The use of
lid sound signals shall be avoided in favor of light warnings except those required by safety laws fore the protection of personnel.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for the various contract items
of work involved and no additional compensation will be allowed therefor.
5-1.10. PERMITS AND LICENSES. The Contractor shall procure all permits
and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all
governmental organization which require such permits, licenses or fees. The
Contractor shall procure a business license in the City of Bakersfield.
D12:51013.11 ®ll- GG:wrn
5-1.11 W~R~INO H{~JRS. Contractor shall limit his f i~ld working hours
from 7s0~ A.M. to 4:30 P.M. Any deviations must be requested and in writing and
directed to the Construction Engineer at the Pre-Jab Conference. Written
approval from the Construction Engineer is required far work beyond these limits.
Any time work proceeds beyond the time limits or on holidays or weekends, the
m Contractor will be charged for all associated overtime charges and said charges ray be withheld from contract retention.
5-1.12 LAW5 TO BE OBSERVED. The Contractor shall keep himself fully
informed of all existing and future State and ~lational laws and all municipal
ordinances and regulations of the City of Bakersfield which in any manner affect
those engaged or employed in the work, or the r,~aterials 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 CC~~~RACTOR'S INS~CE. The Contractor shall not commence work
under this contract until he has obtained all insurance required under this
section and the required certificates of insurance have been filed with and .
approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until said
certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be~responsible for any
deductibles under-all required insurance policies.
5--1.13A HOLD Hiss. 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 L
by the Contractor, his: agents, employees or subcontractors under the
terms of this agreement and shall execute and return with the executed r contract doc~~ments and bands the "Hold Harmless Agreement," a copy of
. which is attached hereto,
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5-1.138 INSUIR~~NCE. In addition to any other form of insurance or bond
required under the terms of .this agreement and specifications, the
Contractor shall procure and maintain for the duration of this
agreement the following types and limits of insurance:
Automobile liability insurance,, providing coverage on an occurrence g
basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one
y 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 oar 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, counti 1, officers, agents, employees and volunteers;
workers' co nsaton with statuto limits and a to er's liabilit
insurance with lrniis of not less than one million (1,000,OQ0) 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, en~loyees and
volunteers shall be excess of the Contractor's insurance and shall not.
contribute with it.
-All policies shall contain the following endorsements:
An endorsement providing the City with ten,(10) days written
notice of cancellation or material chancy in policy language or
terms.
v I f any part of the work under this agreement i s 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.
D12.51013.13 -13- wrn
City; but such forefeiture will not release the contractor or his sureties fr~n
liability or failure to fulfill the contract. The Contractor and his sureties
will be credited with the amount of money so forfeited toward any excess of cost
over and above the contract price., arising from the suspension of the operations
of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just
claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such
non-compliance with the contract as to warrant the suspension or annulment
thereof, the decision of the City Council shall be binding on all parties to the
contract.
5-1.19 TJEEI~PORARY SUSPENSION OF WaRK. The Engineer shall have the
authority to suspend the work wholly or in part, for such period as he may deem
necessary, due to unsuitable. weather, or to such other conditions as are
considered unfavorable-for the suitable prosecution of the work, or for such time
. as he may deem necessary, due to the failure on the part of the Contractor to
carry out orders given, or to perform any provisions of the work. The Contractor
shall imomediately obey such order of the Engineer and shall not resume the work
until ordered in writing by the Engineer.
5-1.20 PAYMEN7CS. Attention is directed to Sect-ions 9-1,06, "Partial
Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications
and these special provisions.
No partial payment will be made for any materials on hand which are
furnished but not incorporated in the work.
5-1..21 FINAL PAY~H~~NT. In addition to the conditions, provisions, and
.requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard
Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered
facts, nullify the whole or any part of any certificate for payment, to -
such extent as maybe .necessary to protect the City from loss due to
causes including but .not limited to the following:
a, Defective work. not remedied;
b. Claims filed or information reasonably indicating probable filing
of claims;
c. Failure of Contractor to ~u~ke payment, due for materials and/or
labor;
d. Information causing reasonable doubt that the contract can be
completed for any unpaid balance;
e. Damages to another Contractor; and
f . Breach of any terms of this contract.
Then any and all such causes are removed, certificates shall be issued
~x for amount withheld.
D12:51013.14 -14- GG:wrn
The fifth paragraph in Section 9-1.07B, "Final Payn~nt and Claims," of
the Standard Specifications is amended to read:
The Director .will make the final determination of any. claims which
remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written.
recommendation thereon.
The City Engineer shall, after the completion of .the contract, m~~ke 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 payments shall be subject to correction in the final estimate and payment. The
final payment shall not be due and payable until the expiration of thirty (30}
days from the date the "NOTICE OF COMPLETI~T" is recorded at the County
Recorder's Office and after execution and return by the Contractor of the
attached GU~IIEE when applicable.
It is mutually agreed between the parties to the contract that no
certificate given or payments made under the contract except the final certificate or final payment, shall. be conclusive evidence of the performance of
the contract, either wholly or in part, against. any claim of the party of the
first part, and no payment shall be construed to be an acceptance of any
defective work or improper. materials.
And the Contractor further agrees that the payment of the final amount
due under the contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work
performed under the contract or any altera :ion thereof ,
5-1.22 It~CR~~ASED OR ~3Ea~~A.SED +~UANTITIES. The word "ce~npensation" in
the following paragraphs o~ the Standard Specifications is replaced with the
words."unit price":
Third paragraph of Sect-ion 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, "PAY~!~ENT".
5-1.23 EAZZARDCUS M.ATERfALS, 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.
D12:51013,15 -15- GG:wrn
_
SEG'TICN 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions
in Section 6, "Control of Materials," of the Standard Specifications and these
special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and
before such material is used in the work. Representative preliminary samples of
the character and quality prescribed shall be submitted by the contractor or
producer- of all materials to be used in the work, for testing or examination as
desired by the Engineer.
All tests of materials furnished by the contractor shall be made in
accordance with co~ranonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any
borrow or disposal sites used by the Contractor to produce or dispose of
material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution,
and sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
Upon .completion of the work, all such sites and haul roads shall be
graded and. treated so that, at the time of final inspection of the contract,
they will drain, will blend with surrounding terrain, and will have a potential
as a source. of blowing dust or other pollution which is no greater than when in
their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate
pollution control .boards and such permits contain requirer~nts which conflict
with -the requirements in the first and second paragraphs of this eection, the
requirements of the perma.ts 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 additionalcompensation w-ill be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the
Engineer may permit the use of certain materials or assemblies, prior to
sampling and testing, if accompanied by a Certificate of Compliance.
D12:51013,16 -16- GG:wrn
SHCTION 7. CONSTRUCTION DETAILS
SDCTION 7-1 a~NERAL
7-1.01 ORDER aF WORK. Order of work shall conform to the provisions
u in Section 5-1.05, "Order of Work," of the Standard Specifications and these . special provisions.
_ All striping removal shall be completed a minimum of 2 days prior
to signal being placed into operation. Pavement delineation shall be replaced
by temporary delineation before opening the traveled way to public traffic.
Temporary delineation shall consist of reflective traffic line tape applied in
pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective
traffic line tape shall be applied in accordance with the manufacturer's
instructions. Temporary delineation shall be the same color as the permanent
delineation. Full compensation for temporary delineation shall be considered as
included in the prices paid for the contract items of work that obliterated the
existing delineation and no separate payment will be made therefor.
. when initially ,installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation
hole Amax. 1'° da.) 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
d shall be in place.
7-1.02 4~STRUCTIONS, Attention is directed to Section 8-1.10,
"Utility and Non-Highway facilities," of the Standard Specifications, the plans,
and the special provisions.
The Contractor will be required to work around public utility facilities
and other .improvements that are to remain in place within the construction area
or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1..11, "Preservation of Property,n
and ?=1,12, "Responsibility for Damage," of the Standard Specifications, the
Contractor will be liable to owners of such facilities and improvements for any
damage or interference with service resulting from conducting his operations.
;The exact location of undergroundfacilities-and improvements within the
..construction area shall be ascertained by the Contractor before using equipn~nt
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 utilivies. The Contractor shall cooperate with such
forces and conduct his operations in such a manner as to avoid any unnecessary
delay or hindrance to the work being performed by other such forces,
Any delay to the Contractor due to utility relocation whether or not the
utility is shown or correctly located on the plans will not be compensated for
as idle time. However, additional contract tines con~nensurate with such delays
may be allowed,
D12:51013.17 -l 7- wrn
_
At locations where irrigation systems exist, the Engineer will direct
the Contractor as to what steps will be required to protect the irrigation
system and the area it serves. The Contractor shall replace the irrigation
system as directed by the Engineer. E
_ 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 cansidered
as included in the prices paid for the various items of work and no additional
allowance will be made therefor.
Except in the case of extra work, full compensation for conforming to
the requirements of this article shall be considered as included in the prices
- paid for the various items of work and no additional compensation will be made
therefor.
7-1.03 1~INTAINING T1~AFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic
on any street or highway.
Signs, lights, flags and other warning and safety devices and their uee
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.
A pedestrian/sidewalk area shall be .maintained free and clear for
pedestrian use at all times. Said area shall be located behind the curb line within the street right of way.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public
Convenience,." of the Standard Specifications, shall be an~nded to read as
follows:
Construction operations shall be actively in progress only between the
hours of 8:30 AM to. 4:00 PM, Monday through Friday. where con- struction operations are actively in progress, a minimum of one traf-
fic lane, not less than twelve feet in width, shall be open for use by
public traffic. where construction operations are not actively in
progress, not less than two such lanes shall be open for use by public
traffic. Public traffic may be permitted to use the shoulders and, if
half-width construction methods are used, may also be permitted to use
the side of the roadbed opposite to the one under construction. No
additional compensation will be allowed for any shaping of shoulders y necessary for the accon~nodation of public traffic thereon during
paving operations.
D12: 51013.18 -18- GG: wrn
_ _ _
In order to expedite the passage of public traffic through or around
the work and where ordered by the Engineer, the Contractor shall, at
his own expense, furnish, install and maintain construction area
signs, lights, f lyres, temporary railing ~T~~pe K~, .barricades, and
other facilities for the sole convenience and .direction of public
traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing
the movement of public traffic through or around the work. then
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.
PAS. Full compensation for conforming to the requirements of
this article shall be considered as included in the prices paid for various
items of work and no additional allowance will be made therefor.
7-1.04 E~~ISTING HIY FACILITIES. The work performed in
connection with various existing facilities shall conform to the provisions in
Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions,
Existing City highway signs and street markers shall remain the
property of the City. Such signs and street markers shall be relocated and
maintained during construction so as to convey the sang intent that existed
prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractors forces ,prior to completion of
construction. Signs removed from the project area sha1.1 be delivered to the.
City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the. requirements of the
two preceeding paragraphs shall be considered as included in the prices paid for
the various items of work and no additional allowance will be made therefor.
3
D12:51013.19 ~ -19- GG:wrn
7-1.05 R1~MOVE TJL~F IC STRIFES AND PAVEMENT I~~RKIN~S. Traf f is
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 materi-ally damage
the surf ace or texture of the pavement or surf acing, 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 traff is will not
be permitted.
Traffic stripes shall be removed before any change is made in the
traffic pattern,
81ast 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
n~ssage 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 fag seal coat shall be applied
over the traffic stripe remov!1 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. s
In pavement marking removal areas, the fog seal coat shall be applied
to the blast cleaned rectangular area.
~'ul1 compensation for furnishing and applying fog seal coat as speci-
f ied 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 w~ 11 be made therefor.
Nothing in these special provisions shall relieve the Contractor from
his. responsibilitios as .provided in Section 7-1,09,."Public Safety," of the
Standard Specifications.
MhA,S~E~~ENT AND PAYMENT. Quantities of traffic stripe removed wi 11
be determined by the width of the stripe plus 0.57-foot multiplied by the length
of the stripe. The space between double traffic stripes will be measured as ,painted traffic stripe. Quantities of pavement markings removed will be
determined by the actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price
per square foot for the actual area of authorized stripe removal.
The contract unit price per square foot as remove traffic striping and
marking shall include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for rer~oving existing
striping as shown on plan and as directed by the Engineer,
D12:51013.20 -20-- GG:wrn
7-1.06 RC~D6TDE SICC~IS. Roadside signs shall conform to the
provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and
these special provisions.
Miscellaneous roadside .signs shall conform to City Standard
TS-4.
Installation of one or more sign panels mounted on a single post
shall be counted as one roadside sign ~GSP Post).
MI~ASUREMENT & PAYMENT. Miscellaneous roadside signs shall be paid for
at the contract per unit for install roadside {GSP Post}.
7-1.07 t~J~~tHFAD. Gverhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications and
. these special provisions.
Mast-arm hangers for street name signs will be furnished and
installed by the City.
Street n~~me signs 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 acceptable equal.
Overhead signs installed on signal poles, mast arms or on flashing
beacon mast arm shall be furnished and installed by the contractor in~accordance
witht he plans and these~~specal provisions. Compensation for overhead signs
shall be considered included int he respective contract .lump sum price or prices
for signal., flashing beacon or combination thereof.
7-l .08 TI~AFF IC DELINEATION, Immediately after resurfacing
operations or when directed by the Engineer, replace all obliterated pavement.
delineation with temporary delineation during the same work period, and in no
case later than 7:30 a.m. following such work period,
Temporary delineation consists of ref leCtive traffic line tape .applied
in pieces-not .less than 4 inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no mare. than 10 feet apart on curves.
Apply reflective traffic .line tape in accordance with the manufacturer's
instructions. Temporary delineation must. be the same color as the permanent
delineation.
Remove temporary delineation applied to asphalt concrete patches
immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete
overlay.
A striping plan will be made available to the Contractor when traffic
delineation is to be modified by the City.
PAYMENT. Fu11 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.
D12:51013.21 -21- GG:wrn
SECTION 7-2 T]~AFF IC SIGd~~L~S AND LIGHTING,
7-2.01 FO1~~TIQNS. Foundations shall conform to the provisions in
Sectian 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 f oundatians and shal I 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 Specifications and shall contain not less than 470
pounds of cement per cubic yard, except for pile foundations shall contain not
less than 564 pounds of cement per cubic yard,.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section
86-2.05, "Conduit," of the Standard Specifications and these special provisions.
Insulated bonding bushings will be required on metal conduit. Conduit
shall be bored under existing street pavement unless. open trenching is allowed by
the Engineer due to poor soil conditions or other circumstances..
7-2.03 PULL ~OxES. Pull boxes shall conform to the provisions in Section 86-2.0.6, "Pull Boxes," of the Standard Specifications and these special
provisions,-
f Recesses for suspension of ballasts will not be required.
7-2.0 4 CONDUCTORS AND WIRING. Conductors and wiring shall conform to
the provisions in Section 86-2.08, "Conductors," and 5ecti.on 8.6-2.09, "Wiring," of the Standard Specifications and these special provisions.
CONDUCTORS -The Contractor shall. use multi-conductor
electrica]. cables for. all circuits except between the service switch and
controller cabinet.
Only multi-conductor cab e conforming to the following shall be used:
5 Conductor cable consisting of 5 No. 14 conductors colored 1 each
red, yellow, brown, white and black.
9 Conductor cable consisting of 1 No. 12 conductor colored white and
8 No. 14 conductors colored 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
2? No. 14 conductors colored as indicated in the following conductor
table for a single ring operation.
D12:51013.22 -22- GG:wrn
_ _ _ _ _ _
C~TOR TABLE
Insulation Colors
Signal Phase
Circuit or Function Base Stri
2 & 6 Red, Yellow, Brown Black. Vehicle 4 & 8 R,ed, Yellow, Brown ~ Orange
- Signals 1 & ~5 Red, Yellow, Brawn Silver
3 & ? Ried, Yellow, Brown Pu le
2p & 6p Red, Brown 2 B lack
Pedestrian 4p & 8p Red, Brown 21-Orange
Signals lp & 5p Red, Brc~►m 2 Si leer
3 & 7 Red, Broom 2 Pu le
2p & 6p Blue ~ ~B lack _ Pedestrian 4p & 8p Blue Orange
Push Buttons lp & 5p Blue Silver
3 & 7 Blue Pu le
Pedestrian
Push Buttons White Black
_ Common Si al White ~ None
Railroad Pre-e ton Black Red
S are Black None
The cable sheath shall be polyethylene and the conductor insulation shall
be T~~pe ~~WI~1 polyvinyl ~ chloride.
Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86--2.09D,
"Spli-ding, " ~ of _ the Standard: Specifications are deleted.
Conductors shall be spliced by the use of "C" shaped compression
connectors as shown on Standard Plan ES 13.
Splices shall be insulated by "Method B . "
7-2..05 SERVICE. Service shall conform to the provisions in Section
86-2_.11, "service," of the Standard. Specifications. and these special provisions.
Unless otherwise noted, service shall be as shown on the plans and
shall be furnished with-100 an~p, 240 volt, 3 pole main breaker and the following
branch circuit breakers:
No, s Phase Volts Branch Metered
1 60 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
*3 30 1 110 ~'lashin Beacons Yes g
Provided where flashing beacon is included with the traffic signal.
D12: 51013.23 -23- CMG: wrn
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.
~-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
q~ uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the
provisions is Section 86-2.140 "Functional Testing," of the Standard
Specifications and the following paragraph:
Functional test period is included in the number of working days to
complete the project" as described in SECTION 4, "BEGINNING OE T~4RK,
TIME CJF` COMPLETION AND LIQUID~.TED I~~►iAGES" of these special provisions.
7-2.07 SILL 'FACES AND SIC~3AL I~FADS. Signal faces, signal heads and
auxiliary equipment, as shown on the plans, and the installation thereof, shall
conform to the provisions in Section 86,4.01, "Vehicle Signal Faces," 86-4,02, "Directional Louvers, " 86-4.03, "8ackplates" 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,n of the Standard Specifications, shall be amended to read as
follows:
5 lip-f i hers and to rmi na 1 cornpartme nts sha 11 be cas t bronze or hot-dip galvanized ductile iron.
7-2.08 PEDESTRIAN SIC~IALS. Pedestrian signals shall conform to the
provisions in Section 86-4.05, "Pedestrian Signal Faces," of the standard
Specificat-ions and these special provisions,
Pedestrian signals shall be T~~pe C, and shall have energy efficient beads
equivalent to Indicator Controls Corporation Model 40948.
?--2.09 LUMINAIRES. Luminaires shall conform to the provisions in
Section 86-6.01, "High Intensity-Discharge Luminaires," of the Standard
Specifications and these special provisions.
Luminaires shall be furnished with 200-watt high pressure sodium lamps
and integral ballasts.
An in-line fuse shall be located in the pull box.
D12: 51013.24 -24- GG: wrn
7-2.10 PEO~POELDCTRIC Co~~'TROLS . Photoelectric controls . sha 11 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 T~~npe IV photoelectrical
control.
~-x.11 CO~~TROLILE~, CABINI~TS AND AUXIL?ARY EQUIPMENT. The City wi 11
furnish the controller and cabinet assembly for each location.
7-2.12 I~E7['ECTQRS. Detectors shall conform to the provisions in
Section 86-5, "Detectors, " of the Standard Specifications and these special _ _ _
provisions. Location and layout of detector loops shall be as directed by the
Engineer.
INST~~LiATION DETAILS ; Installation and tests shall conform
to the details and notes shown on the plans.
Slots cut in the pavement shall be blown out and dried before installing
inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots
shall be filled with epoxy sealant- conf ormir~g to the requirements in Section 95-2..09, "Epoxy Sealant for Inductive Loops," to within l/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 ! djacent road
surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with s
either of the following materials:
v 1. An elastor~eric sealant conforming to the following:
The sealant shall be a polyurethane material of- a composition that
will, within its stated ~ shelf life, cure only in the presence of .moisture. Sealant
shall be suitable for use in both asphalt concrete and Portland cement concrete.
The cured sealant sha 11 have the following performance
.characteristics;
Measuring Standard
Property and Results And Conditions
Hardness (indentation} - 65-85 ASTM D 2240 Res. T~~pe A, Model 1?00
77° F . (25° C. } 50~ relative humidity.
Tensile strength - 500 psi, min, ASTM D 412 Die C, pulled at 20 Ili.
Elongation - 400, minimum ASTM D 412 Die C, pulled at 20 IPM.
Flex at - 40° F . - no cracks 25 mil Free Film fiend (180° } over 1/2"
Mandre 1.
i~eathering Resistance -Slight ASTM D 822 ~leatherorneter 350 Hrs. i
Chalking Cured 7 days at 77° F . (25° C. } 50~
relative humidity.
D12:51013.25 -25- GG:wrn
_
Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.)
minir~um Tensile; 400, minimum 5~ NaCl, Die C, pulled at 20 IPM, elongation
Dielectric Constant -Less than ASTM D 150.
25~ change over a temperature
range of -30 ° C . to 50 ° C .
2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of
California Specification 8040-41A-15.
Loop conductors shall be installed without splices and shall terminate in
the nearest pull box, The loops shall be joined in the. pull box in combination of
series and parallel so that 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.
A11 loop conductors for traffic counters shall terminate in a pull box or
terminal strip in the traffic count station cabinet when such a cabinet is
installed.
Conductors for inductive loop traffic signal and traffic counting
.installations shall be identified and banded, in pairs, by lane, in the pull box
,j adjacent to -the loops and near the termination of the conductors in the controller
or traffic count station cabinet, Bands shall conform to the provisions in Section
86-2.09, "Wiring."
Identif catiion of each conductor pair shall consist of labeling the
phase and detector slot number (e.g, - 6J2L, 8~78U, 3I5U, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532
or approved. equal}.
If asphalt concrete .surf acing- is to be placed, t.~e loop detector
conductors shall be installed prior to placing the uppermost layer of asphalt
concrete, The conductors shall be-installed, as shown on .the. plans, in the compacted
layer of asphalt concrete. immediately below the uppermost layer. Installation
details shall be as shown on the ~ plans, except the epoxy sealant shall fill the slot 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.O1A (4~, "Construction materials," of the Standard Specifications
and theses special provisions.
Loop detector lead-in cables shall be '~~pe A as follows:
a lead-in cable shall consist of 2 No. 12 solid copper conductors
with each conductor insulated with; 30 mils minimum, at any point, high molecular
weight, heat-stablilized, colored polyethylene, conforming to the requirements
of ASTM Designation: D 1248, '~~pe I, C lass ~ B, Grade 4. The conductors shall be
D12;51013.26 -26- GG:wrn
t~ste~ together with at least 2 turns per foot. Non-hygroscopic fillers shall
be used to form a f ism compact cylindrical care. Anon-hygroscopic core tape
shall be applied spral~.y over the core. The cable shall be provided with an
outer jacket consisting of extruded, black, polyvinyl chloride conforming to
ASTM Designation: D 1047. The cable shall conform to the International
Municipal Signal Association's Specification: 19-1.
7-2.13 Gt~AR~~'~I'EE. The Contractor shall. furnish a written guarantee to the city on the farm attached, guaranteeing all systems, except traffic signal
lamps, installed under this contract fora .period of one ~ 1) year from the date of
acceptance of the work. The guarantee, properly executed, 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 PA~~~NT. Payment for signals and lighting shall conform to
the provisions in Section 86-8, "Payment", of the Standard specifications and these special provisions.
dull compensation for cast-in-drilled hole concrete pile ,foundations
sha11 be considered as included in the contract lump sun price paid for the item
requiring foundations and no separate payment will be made therefor.
D12:51013.27 -27- G~:wrn
_ . _ _
~1~'~,lrt ~ CC~l~~O~t.YJ.1"~
Specification
Asphaltic Emsulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled,
asphaltic emulsion for use in sealing inductive wire loops and leads
imbedded in asphalt and portland cement concrete. Thais sealant is
suitable for use in freeze-thaw environments.
2.0 APPLILE SPDCI~ ICATI~15
The following specifications, test methods and standards in effect on
the. opening- date of the Invitation to Bid form a part. of this
specification where ref ~renced:
American Society for Testing and Materials D2939, D2523
California Test Method No, 434
California Departn~nt of Transportation Standard specifications 1981
State of California Specification 84.0-XXX-99 Inspection, Testing .and
Other Requirements for Protective Coatings
Code of Federal Regulations:, Hazardous Materials and Rer~ulations
hoard, Ref. 49"FR.
3.0 Rl ~QUIR~ ~ME1~7CS
3.1 Composition
The composition of the -loop sealant shall be a sand filled, pourable,
water emulsified bitumen. It will be the manufacturers responsibility
to produce aone--component product~to meet the properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Mini~um
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to ~5
Use ~~STM D2939
D12 51013.28 ~ wrrl
Asphaltic E~alsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125.
RVT Spindle #3, 10 RPM at 75 + 2°F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 + 5°F. and 50 + 10~ relative
humidity. Condition mandrel and specimens 2 hours at
7~5 + 2 °F before test. Use aluminum panels, 0.03 inches thick panel or equal).
3.3.2 Tensile Strength, psi, 20 mini~oum
cast sheets 0.25 inches thick and air dry at
75 + 5°F, 50 + 10~ relative humidity for minimum of
l~ hours. Load rate 0.05 inches/minute, use ASTM D2523.
3.3.3 Elongation, ~ ~ 2.0 minmaumm Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 1.50 minimum,
Use California-Test Method Na. 434,. Part VLII. Space ~ with no loss
damp blocks with 0.25 inches bet~reen slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete
sample, strike off the.. excess. Dry in 140°F oven to
constant weight and condition 1 day at 75 ± 2°F before testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water. No blistering,
Use ASTM D2939, Alternative B re-~en~ulsif ication
or loss of
adhesion
3.4 Workmanship
3.4,1 The sealant shall be properly dispersed and any settling shall be
easily redi5persed with minimum resistance to the sideways manual
motion of a paddle across the bottom of the container. It shall form a
smooth uniform product of the proper consistency. If the material
cannot be easily redispersed due to excessive settlement as described
above or due to any other cause, the sealant shall be considered unfit for use.
D12: 51013.29 wrn
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3..4.2 The sealant shall retain all specified properties under normal storage
conditions for 12 months after acceptance and delivery. The vendor
shall be responsible for all costs and transportation charges incurred
in replacing material that is unfit for use. The properties of any
replacement material, as specified in Paragraph 3.0, shall remain
satisfactory for 12 months from date of acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and
regulations within the State of California in effect at the time the
sealant is manufactured,
4.0 QUALITY Assv~~~CE PROVISIO~s
4.1 Inspection
- This material shall be inspected and tested in accordance with State of
California Specification 8010-~-99, or as otherwise deen~d necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be
sampled at the place of manufacture and application wi 11 not be permitted until the material has been approved by the Engineer.
6 5.0 PREPARATION FOR DELIVERY
5.1 Packaging..__ _
The sealant shall be prepared in a one package system ready for
application, The material shall be furnished in container size as specified in the purchase .order or contract... If ordered in 5 gallon
size the containers shall be new, round standard full open head with
bails, shall be nonre~ctive with the .contents, and shall have
compatible gaskets. The containers shall comply with the U,S.
Department of Transportation or the Interstate Con~rce Commission
regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State
specification number manufacturers name, date of manufacture and
manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as
.outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
D12;51013.30 ~ GG:wrn
_ -
Asphaltic Emalsion Inductive Loop Sealant 8Q40-4]A-1~
6.0 ~1oT~S .
6.1 Directions for Use
✓ Saw cuts shall be blown clean with compressed air to remove excess water
and debris. The sealant must be thoroughly stirred before use and -hand poured into the slots. ~.ie to the sand content of this material,
pumping is not recor~ended. Any clean up of road surface or tools can
be done with water, before the sealant sets.
~.2 Patents
The Contractor shall assume all costs arising from the use of patented
materials, equipment, devices, or processes used on or incorporated in• the work, and agrees to indemnify and sage harmless the State of
California, andits duly authorized representatives, from all suits at
law or action of every nature for, or on account of , the use of any
patented materials, equipment, devices or processes.
6.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the provision of Section 6-1.07 of
California Department of Transportation Standard Specifications,
- January 1981.
r
D12: 51013.31 -31- GG: wrn
ALTERNATE LOCATION TO BE
TYPE B.S.S. USED WHEN THE SiDE1NALK
EXTEND FR Y Z GALVANIZED PIPE S OM THE CURB J AS PER A
TO THE PROPERTY LINE Q MERICAN FENCE CO.
PARTICULARLY IN COMMERCIA w L
AREAS. I ~ _ V~
I1 ~
I! - ~ e I h Y
~I ~
ii Q i~ ~
. ~;i.r. • .
i ~ ; ~ ~ ~ .
III OZ iII M~ s
I I II : 8~~ MIN.
1,1 • CLASS B~~ P C.C.
M
Q
a
MI~SCELLANEOU ~ SIGN
DETAIL
RECORDED 1!i_._.. Lr~~ BAK~~~~"i DATE
IN HOOK.~..~..AT PAG ~ CALIFORNIA DR,► V.
OFFICIAL RECORD8 OR' WN
KERN COUNTY, cALlleoRN~A ENGiNEER1NG DEPARTMENT CHECKED S. W
PROPOSAL
FOR ~~F IC SIC~L SYSTEM ON PIN QAK PARK BLVD. AT WHITE LANE
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or arties
interested in this p~ proposal as prlnca.pals are those named herein, that this pro-
posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro-
posed form of contract and the plans therein referred to; and he proposes and
agrees if this proposal is accepted, that he will contract with the City of
Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, .apparatus and other means of construction and to do
.all the work and furnish all the materials in accordance with the lans and s p l~
cif ications 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 En ineer as therein
set forth g• • , and that he will take in full payrr~nt therefor the unit pr~.ces or
lump sums .set forth in .the following .schedule;
The undersigned further agrees that in case of default in executing
the required contract, with. necessary bonds, within ten {10} days, not includin g
Sunday, after having. received notice that the contract is ready for signature]
the proceeds of the check or .bid bond accompanying his bid shall become the pro- . perty of .the City of Bakersfield.
Bidder acknowledges receipt of the follown addendum.
g
ITEM ESTIMATED SNIT OE ITEE~II UNIT PRICE E~~SION
No. ~:~~NTITY Ml AStJRE { i.n f i res) PRICE
-tin f i res )
1. 1 LUMP Install traffic si a
SUM and lighting system
2. 2 EA, Install roadside si
{GSP Post)
3 • X40 S~. FT. Remove traffic stri
and pavement markings
SIG~~ED Total ~ui~ir*~ Bidder
Dl 2:51013.3 2 Page 1 of 1 wrn
The Extension Price has been calculated by multiplyin the Estimated
g Quantity by the Unit,Price. In the case of lump sum items, the Estimated
Quantity shall be unity. The Bid Total is the sum of all Extension Prices.
Bidder agrees that in case of any discrepancy between the Unit Price { s } and the
respective Extension Price{s} and/or the Bid Total, the Unit Price{s) shall
_ prevail, and the bid submitted shall be the correctly computed sum of all
correctly computed Extension Prices, provided, however, if the amount set forth
as a Unlt Price is unintelligible. or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit
Price in accordance with the following:
{1) As to lump sum items, the amount set forth in the Extension Price
column shall be the. Unit Price.
{2} As to unit basis items, the amount set forth in the Extension Price
column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
LIST t~' SU$COIV~CRACTORS
All persons or parties submitting a bid proposal on the ra'ect shall co lete p J
the follow~.ng form, setting forth the n~~ and the location of the m111, shop
or office of each subcontractor who will perform -work or labor or render service to the Contractor in or-about the construction of the work or
improvement in excess of one-half of one { l~ } percent of prime Contractor's
total bid, or TEN THOUS~~ND DOLLARS { $14, OOa) , 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 rtion _ ~
and Street Address {Cit ,State, Z i } _ of work subcontracted
(attach additional sheets if needed)
If this proposal i,s accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance
acceptable to the City as is required within eight { 8) days, riot including
Saturdays, Sundays and legal holidays, after the bidder receives notice from the
City .that the contract is ready for signature, the City may, at its option,
determine that the bidder has abandoned the bid proposal and the bidder's
security shall be forfeited and shall become the grope rt of the C i t , C i t y y y
shall then be free to accept the bid of another bidder.
D12: 5IQ1.3.33
TI~AE'£' IC SICaNAL SYSTEM. ON PIN C~K PARK BLVD. AT WHITE T~~NE
NONCOLLUSI~I AEF II1wIT TO BE E~~.ECUTED BY BIDDER AND
SUBMITTED WITH BID
State of California ~
} ss: County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title company
the party making the foregoing bid that the. bid is not made in the interest of, or on,behalf of, any undisclosed person, partnership, company,.. association,.
organization, or corporation; that the. bid is genuine and not collusive ~or sham;
that the bidder has not directly or indirectly induced or solicited an other
Y bidder to put in a f alse or .sham. bid, and has not directl or indirectl Y y
colluded,- .conspired, connived, or agreed with any bidder or .anyone else to put
in a sham bid, or that anyone shall refrain from biddin ;that the bidder has g
not in any manner, directly or indirectly, sought b~ agreement, corn~ounication, or
conference with anyone to fix the bid price of the bidder or an other bidder or to fix an v ~ ~ y o erhead, prof lt, or cost element of the b~.d price, or of that of
any other bidder, or t~ secure any advantage .against the ublic bo awardin
p dY g the contract of anyone interested in the proposed contract; that all statements
conta-fined in the bid are true; and, further, that the bidder has not, directl
y or indirectly, submitted his or her bid price or any breakdown thereof or the r
contents thereof, or divulged information or data relative thereto,- or aid and
Sri ll not a an feet p. p y► .y o any corporation,. partnership,. company, association,
organization, bid depository, or to any-amber or agent thereof to effectuate a collusive or sham bid. "
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of , 19
D12:51013.34
Accompanying this proposal is .,.......•.•...,l..•
(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:
Ir~'PORT~~V'T' NONCE 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,
• • ! . • ! • ! • • • . ! i ! • • , • • • ! • • ! ! • • . • • • • • ! . ! • • • • ! . • • • , • • • f • • • ! . ! • • • • • • ! ! • . • • • • • • •
i • • • • • • • • • • • • • ! . • • • . ! • ! • . • • • . • • . • i • • ! • • . • . • ! 1 i . • • • • • • • • . • • • • • , , • • • • • ! ! • ! ! • • • . !
! ! . ! • • ! . ! t • . ! . , • , f • • • f . • . ! • . • . • • • . • • ! ! ! • . • . • ! • • • f • • • • • • • ! • • • • • . ! • • • • • ! • • f . • . , ! • .
• • ! • • • • • • • • • ! • • • • • • • • , • • • • . ! • • • . • . ! • • • • • • • • • • • • • • • • • ! f • ! ! • • . • . , • • • • ! • • i . !
licensed in accordance with an act providing for the registration of
Contractor's license No. ••~•♦•.••••e••••!•...s••,
HERE • • . • • • • . • . • • • • • ! • • ! • • • • • . • . , 0 , • • • • ! • • • • •
Signature. of Bidder
NO►TE~--If bidder is a corporation, the legal nay of the corporation
. .shall be set forth -above together with the .signature of the of f i.cer or
officers authorized. to sign contracts on behalf of the corporation; if
bidder i~ a copartnership, the true n~ of the firm shall be set
forth above, together with the signature of. the partner or partners authorized to sign contracts-in behalf of the copartnership; and if
bidden is an individual,. his signature shall be placed above. If
signature is by an agent, other than an officer of a corporation or a
number of a partnership, a Power of Attorney moust be on file with
the City Clerk of the City of Bakersfield prior to opening bids ar
submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business Address .........••....•.•..,....,.,••...•.,..•.•..,....,.l,......,...,
Te~.ephone No. .................•.,....•.....•l......•,.,.....,......,.......,...
Place of Residence ................l.......,...,...l.•,...•
Dated 19.•...
D12:51Q13.35
BIDDER'S BOND TO ACCOMPANY PROPOfiAL
(Not neck sary if cash or certified check is with bid)
IiNG~ ALL MEN B Y THESE PRESE~~TS :
That we
as principal, and
as surety,
are held and firmly bound .unto the City of Bakersf field, a body politic and
corporate of the .State of California, in the sum of
dollars 4$
to~ be paid to said City, for which payn~nts, well and truly to be made; we bind
ourselves, our heirs, executors and. administrators, .successors or assi s, 9n
jointly and severally by these presents.
THE CONDITION C~ THIS OBLIGATION IS SC1CH:
That if the certain proposal, hereunto annexed, to construct Traffic si al
stem on Pin Oak Park Blvd. at White Lane
in .the City of Bakersffield as referred to in the Nt~TICE TO
CON'i~~ACTORS attached hereto, is accepted by the Council of said Cit and. if the
Y
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 includin Sunda }from .the date of a notice g Y
to`the above bounden principal, that said contract is ready for execution, then
this obligation shall become null and void, otherwise it shall be and remain in
full force and effect.
IN WITNESS WHEREOF', we have hereunto set our hands and seals this da
of , 19
Seal}
(Seal} -
Seal}
STATE aF cALIEORNIA ~
~ ss•
COU~~TY cF . a
On this day of 19....../ before me,
•••••••••••••.••..••♦•••••.•.••.••.•.•••...•.••••••e•••••••••.•••.••.•••/
a notary public in and for the County of . . . . State of
california, personally appeared
% / ,personally knc~►m to me % /proved to me on the basis of
satisfactory evidence
to be the person whose nay is subscribed to the within instr~.unent as
the Attorney in Fact of . • • , . , • .
and acknowledged to n~ that he subscribed the nams of • . . . . . . . . . . .
.............••,,...•..........•..........thereto as surety/ and his own
name as Attorney in Fact,
IN WITNESS i+~HHEREOE I have hereunto set mY hand and. affixed
official seal the day and. year. in this certificate firs above written..
Notary Public in and for said County and State
D12:51413.37 Page 2 of 2
STATE OF CALIFORNIA )
) ss. COU~~TY ~ •.•r•.•••.•,•••.)
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 i
satisfactory evidence
to be the person whose name is subscribed to the within instrument as
the Attorney in Fact of . •
and acknowledged to me that he subscribed the name of
................•,....,•...............•.•thereto as surety, and his own
nano as Attorney in Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written..
• • • • • . • , • ~ i • . • . • • . • • • • • • • ! • • • • . f • . • . Notary Public in and for said County and State
D12:51013.38 Page 2 of 2
GUARANTEE
T]~AF'F IC .SIGNAL EQUIPMENT
CITY OE BAKERS' IELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 933Q1
In accordance with the terms of Contract No. ,for:
1
T.'E~~F TC SIC~L SYSTEM ON PIN Q~K PARK. BLVD._ AT WHITE L~~NE ~
awarded on ,between the City of Bakersfield thereinafter
referred to as the City), and the .undersigned, which contract provides for the
installation of li tin and/or traffic si al stem ,and
under which contract the undersigned has furnished and. installed such system,
the following guarantee of the said system is hereby made,
Should any of the equipment installed pursuant to said contract, except lighting elements, .prove defective or should the system as a whole prove
defective, due to faulty workmanship, material furnished, or method of installa-
tion, or should said system or any part thereof fail to operate properl , as
y planned, due to any of the above causes,.. all within ~ ~ 1) year of ter date on which
said contract is accented by the City,, the undersigned agrees to reimburse .the
City, upon demand, for its expenses. incurred in restoring. said .systems to the
.condition. contemplated, in said contract, including the cost of any equipn~nt or
materials replaced, or, upon demand by the City, to replace any such equipn~nt and repair said. systems completely without cost to the City, so that they wi 11
operate successfully as originally contemplated.
The City shall have the option to -make any needed repairs :or replace-
menu itself or to have such.replacements or repairs done by the undersigned..
Prior to such repiacernent or repair _work being done. by the City, the. undersi ed
shall have the option to make any needed repairs or replacen~nts. In the event
the City elects to have said work performed by .the. undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are nec-
essary shall commence to be furnished and installed within 'I~enty-`our ~ 24 )
.hours of the date. specified in the City's written notification. Contractor
shall :prosecute with due diligence to complete the work. within a reasonable
period. of time, as specified in -the City's written notification.
Said-system.will be deemed defective within the-meaning of this ar-
antee in the event that they fall to operate. as originally intended by the. mane- f acturers thereof and in accordance with the plans and specifications included
in said contract.
Date Contractor'-s Signature
irm
Address
D12;51013.39
HOLD I~~tMLESS AGREENlI~NT
CITY C~ BAKERS' IELD
IT IS. HEREBY AGREED that ,agrees to
indemna.fy 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 in consequence of
~ agreement narr~ }
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall fat the
option of~ the City} , defend the City of Bakersfield with appropriate counsel and
shall further bear all costs and expenses, including the expense of counsel, in
the defense of any suit arising hereunto,
Il~TED
Contractors Name
Authorized Signature
D12:51013.40
CON'CRACT N0,
LEVEE REPAIR PLAN FOR ~'ASTEWATER TREATMENT PI~~NT N0. 2
WEST STORAGE RESERVOIRS AND LAGOONS
THIS AGREEMENT, made and entered into this ` day of ,
1989, by and between the CITY OF BAKERSFIELD, a municipal corporation,
hereinafter called "City," and ,hereinafter called
"Contractor";
WITNESSETH:
WHEREAS, City has duly advertised for sealed proposals fore
within the City of Bakersfield. On the ,day of , 1989, the
contract was awarded to Contractor upon his properly executed bid; and
WHER~~AS, one of the conditions of said award required a formal contract
to be executed by and between City and Contractor.
N~1, THEREFORE, it is mutually agreed by and .between the parties hereto
as follows:
ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials for ,
within the City of Bakersfield.
ARTICLE II
The following shall be deemed to be part of this contract as if fully
set forth herein:
1. Notice to Contractors
2. Special Provision
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 DAS ? cif required by Specif~.cations)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed, the .day and year first-above written.
CITY OF ~RSFIELD
BY
Mayor
~N~~ME OF CONTRACTOR)
By
Contractor
A~'PROVED AS ~'0 FORM:
By
City Attorney
COt~~'I'ERSIGNED:
By
Finance Director
CON'I`RACT2
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between CITY OF
~~KERSFIELD, a municipal corporation, hereinafter called "owner,"
whose address is ,
and hereinafter called "Contractor",
whose address is ,
and hereinafter cal led "Escrow Agent" ,
whose address is .
For the consideration hereinafter set forth, the owner, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of
the Government 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 Cxmer pursuant to the construction Contract entered
into between the owner and Contractor for
in the amount of dated (hereinafter ref erred to
as the "Contract"~. .when Contractor deposits the securities a~ a substitutefor Contract earnings, the Escrow Agent shall notify the Owner within ten (l0~ days
Of the deposit. The market value Of the securities at the time of the
substitution shall be at least equal to the cashamount-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 ownere
2. The Owner shall m~~ke progress payments to the Contractor for such funds which Otherwise would be withheld-from progress payments pursuant to the
Contract provisions, provided-that the .Escrow Agent hold securities in the form
and amount specified above..
3. Alternatively, the Owner may make payments directly to Escrow Agent
in the amount of retention for the benefit of the Owner until such tine as the
escrow created hereunder is terminated.
_1_
4. Contractor shall be responsible. for paying all fees for the
expenses incurred by Escrow Agent in administering the escrow account. These
expenses and payment terms shall be determined by the Contractor and Escrow
Agent. - -
5. The interest earned on the securities or the money market accounts
held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at-any time
and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the
-principal in the Escrow Account only by written notice to Escrow Agent
accompanied by written authorization from Owner to the Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7, The Omer shall have a right to draw upon the securities in the
event of default by the Contractor. Upon seven ~7) days' written notice to the
. Escrow Agent from the Owner of the default, the Escrow Agent shall in~nediately
convert the securities to cash and shall distribute the cash as instructed by the
Owner.
8. Upon receipt of written notification from the Owner certifying
that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow fees and
charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of .all moneys and securities on deposit and payments of fees and
charges,
9. Escrow Agent ,shall rely on the. written notifications from the
- Owner and.the Contractor pursuant to Sections ~4) to ~6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow ;Agent. harmless from
.Escrow agent's release and disbursement of the securities and interest asset
forth above.
10. The names of the persons who are. authorized to give written notice
or to receive written notice on behalf. of the Owner and on behalf of Contractor
in connection with the foregoing,.-and exemplars of their respective signatures,
-are as follows:
On behalf of Owner: On behalf of Contractor:..
Title Title
Name Name
Signature Signature
Address Address
_2_
on behalf of Escrow Agent:
Title
Name
Signature
Address
At the. tune 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
-3-° A-EAFSD. 3
FAITHFUL PEI~'ORl!~~CE BOND
KNOW ALL MEN BY THESE PRESE~~TS, THAT,
WHEREAS, the CITY C~' BAKE~RSFiELD, California, a n~nicipal corporation, hereinafter designated the "Owner, " has, on , 19 ,
_ awarded to (1~~ME CONTRACTOR } , a
corporation organized and doing business under and by virtue of the laws of the
State of California, hereinafter designated as the "Principal," a contract
for the ZRA~FF IC S IC~L SYSTEM ON PIN Q~K PARK BLVD. AT WHITE I~~NE ;and
WHEREAS, said Principal is required under the. terms of said contract
to furnish a bond for the faithful performance of said contract:
N(~T, THEREFORE, WE, the Principal, and (LEAVE BL~~NK FOR
BONDING COMPANY} , as Surety, are. held, and firmly bound unto the Owner in
the sum of (100 OF AMOUNT ABED AT COUNCIL MEETING}
la~ful 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 C~ THIS OBLIGATION IS SUCH, that if the above mentioned
Principal, his or its heirs, executors, admnistrators,_successors, or assigns,
shall in all things stand to and abide by, and well and-truly keep and
faithfully perform the covenants, conditions, and agreements in the -.said
contract and any alterations made as .therein provided, on his. or their part, to
be kept .and perf orrnsd 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 ~ satisf actory completion of the said
contr~ct,;the above obligation in the said .amount shall hold good for a period of ..one, (1 } year of ter 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.
D12: 51013 , 41 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 thzreunder or the. specifications
accompanying the same shall, in any-way, affect its obligations on this bond,
and it .does hereby waive. notice of any such change, extension of time, alteration,
or addition to the terms. of the contract. or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and. 2945 of the Civil
_ Code of the State of California.
As a part of the obligation secured hereby. and in addition to the
amount specified :therefor., there shall be included costs and reasonable expenses
and fees, including reasonable attorney's fees, incurred by the Owner in
successfully enforcing such obligation, all to be taxed as costs and included in
any judgement rendered..
IN WI'~NESS W~IEREOF, the above mentioned parties have executed this
instr~.unent under their seals. this ~ day of ,the
name and corporate seal of each corporate .party being hereto affixed and, these.
presents duly signed by its undersigned representative, pursuant to authority of
its Governing body.
Principal
By~
(Seal} ~ ~ Signature for Principal Title
Surety.
By'
(Seal} Signature for Surety Title
(Attach notarization form for each required signature.}
Page 2 of 2
4:Pw.BOND2
MATERIAL -LABOR BOND
KNOW ALL MEN BY THESE PRESE~~'1'S, THAT, WHEREAS, the CITY ~ f~
BAKI IELD, County of Kern, State of California, hereinafter designated the
"owner," has, on (~►TE OF COUNCIL MEETINGS ,awarded to
(I~~ME C~ CONTRACTOR ~ .
hereinafter designated as the "Principal," a contract for the construction of
INSTALLATION CAF T1~AFF IC SIGNAL AND LIGHTING SYSTEM, ON PIN QAK BLVD. AT WHITE LANE.
WI~AS, said Principal is required to furnish a bond in connection
and with said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about: the performance of the-work contracted to
be done , or for -any work or labor done thereon . of any kind, the Surety of thi s
bond wi 11 pay .the same to the extent .hereinafter set forth:
e NOW,. THEREFORE, WE, the Principal, and ~ LEA►VE BLANK FOR .
BONDING COMPANY , as Surety, are held andfrmly bound unto the
Owner the penal sum of ~ 50~ CAE AMOUNT A4~RDED AT COUNCIL MEETING) dollars
,t )lawful money of the, United States, for the paymsnt 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 CONDITIQN t~ THIS. OBLIGATION IS SUCH, that if said Principal, .his
or its.. heirs, executers, administrators, successors, or assigns, shall fail to
pay fdr 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 perforrr~d 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 labors as
required by the provisions of Chapter III, Division V, Title I of the Gover~unent
`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
Cody of the State of California, and provided that the persons, companies, or
corporations so furnishing said materials, provisions, or other supplies,
appliances, or paver 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 herei.nabove 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.
D12:51013.42 1
'his bond shall inure to the benefit of the Owners and any and all
persons., companies, and corporations and their respective assigns entitled to
file claims under applicable State law, 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, ar~d 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
r
Signature for Principal Title
Surety
_ _
~Sea17
Signature for Surety - Title
CA-PW MATERIAL.2 2 09/89
1
,Y'