HomeMy WebLinkAbout1994 Special Provisions Project 91012COPY NO.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD AND AKERS ROAD
:BID tJPENING
DATE March 18, 1994
TIME 11:00 A,M.
PROJECT N0. 91__ 012
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DEPARTMENT OF PUBLIC WORKS " ~ ~
CITY OF BAKERSFIELD ~
1501 TRUXTUN AVENUE ; , ~ BAKERSFIELD, CA 9 3 3 O1 E ~ ~
Telephone: ~805~ 32b-3724
1, 'ten~yrs~r
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer,
City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M, on MARCH 18,
19_94 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work;
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD AT AKERS ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of
the Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00) .for each complete set. Refund of
deposit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-
one (21) days from date of bid opening and the documents are in :reasonable good condition. The City assumes
no responsibility for non-receipt of bids .due to any delay, including but not limited to carrier delay. It is the
bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer,
which appears herein immediately following the SPECIAL PROVISIONS of the project,. and is made in
accordance with the .provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard
Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of
article 2-1.07 of .the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work
described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the
provisions and requirements of Public Contracts Code 22300. Eligible securities include iaterest .bearing demand
deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled
"Escrow ageement 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 time- this
contract is awarded.
The work completed shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated July, 1992, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor
shall not pay less than the prevading 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.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of modifying a Traffic Signal and Lighting System.
CITY OF BAKERSFIELD
EDGAR W. SCHULZ
Public Works Director
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CITY OF BAKERSFIELD, CALIFQRNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1.1•.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as the same may apply, which specifications are- hereinafter referred to as the Standard Spermcations, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All defuutions and terms in Sections 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the
intent and meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such
agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business,
Transportation and Housing Agency, dated July, 1992.
State -The City of Bakersfield.
.State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract.
Qther terms appearing in the Standard Specifications, the general provisions, and the special
provisions, shall have the intent and- meaning specified in Section 1, Definition of Terms of the Standard
Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2.1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on ^MARCH 18,
19____94 sealed proposals for
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD AT AKERS ROAD
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done
and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the
Ci of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond ty therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit
rtions of the .work that may be deemed necessary or expedient by the Engineer. Po
2.1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and
contract f orms. It will be .assumed that the bidder has investigated, and is satisfied as to the conditions to be encountere the character, uality, and quantities of work to be performed and materials to be furnished, and as
~ q . to the. requirements of the spec~ficat~ons, the special provls~ons, and the contract. It ~ mutually agreed that. the
submission of a ro osal shall be considered prima facie evidence that the bidder has made such examination, PP
2.1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Pro osals may be rejected if they show any alterations of form, additions not called for, P
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected.
The ri t is reserved to reject any and .all proposals and waive any irregularity. f~
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasin Officer, the form of which appears herein immediately following these special provisions. All proposals g
must 've the prices proposed .and must be signed by the bidder,. with his address. If the proposal is made by an individual, his name, telephone number and post office address must be shown. If made by a firm or partnership,
the name and post office address of each member of the firm or partnership must be shown. If made by a
co oration the ro osal must show the names of the state under the laws of which the corporation was rp ~ P P .
chartered and the names, titles, and business addresses of the president, secretary and. treasurer.
2.1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be
accom anied b a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten P Y ercent (lo°~o) of the amount of said bid, and no bid shall be considered. unless such Proposal Guaranty is
P enclosed therewith.
2.1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have
listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions
f e work in the amount of 1 2 of one ercent of his total bid or $10,000, whichever is greater, in accordance o th / P
with the Subletting and Subcontracting Fair Practices Act, commencing vv~th Section 4100 of the Pubilc Contract The bidder's attention is invited to other revisions of said Act related to the imposition of penalties- for a Code. P
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.
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2.1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in
the specifications and not shown on the drawings or shown on the drawings and not mentioned in the
specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or
described in the drawings or specifications.
2.1,09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the
Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened
exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may
any bid be withdrawn after the time fined in the public notice for the opening. of bids.
2.1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time
and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2-1.11, RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code
Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if
the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5
days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake
occurred.
Public Contract Code Section 10285.1 (Chapter 37b, Stats,1985} provides as follows:
Any state agency may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a public works or services
contract with the agency under this part or from being a subcontractor at any tier upon
the contract, if that person, or any partner, member, .officer, director, responsible ..managing .officer, or responsible managing employee thereof,. has been convicted by a
court of competent jurisdiction. of any charge of fraud, bribery, collusion, conspiracy, or
any other act in violation of any state or federal antitrust law in .connection with the
bidding upon, award of, or performance of, any public works contract, as defined in
Section 1101, with any public entity, as defined in Section 1100, including for the purposes
of this article, the Regents of the University of California or the Trustees of .the California
State University. A state agency may determine the :eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of
.perjury declaring that neither the person nor any subcontractor to be engaged by the
person has been convicted of any of the offenses referred to in this section within the
preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2.1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is
interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which.
such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing
that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices
obviously are unbalanced may be rejected.
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Contract working days will commence from the date the Contractor
begins work or the ISth 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 fuiishing 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 from the vendor that the order for the
electrical materials required for this contract has been received and accepted by said vendor, and said
statement shall be furnished within fifteen (15) calendar days from the date of the contract. Said statement shall show the date or dates the electrical materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all
components necess~aiy for operation of the signal system .are on hand. The Contractor will be granted an
extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for
any portion of the delay in completion of the work caused by manufacturing time should approval be given to
begin prior to delivery of all signal system components. The number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all
components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the
Engineer in writing and the Engineer will order start of work in writing.
SECTION 5 -GENERAL
5.1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of
the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work,
called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the
Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the
matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 .ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an
amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds
twenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
5.1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard. Specifications is amended by adding
the following paragraph after the fourth paragraph:
. Working drawings or plans for any structure not included in the plans furnished by the Engineer shall
be approved by the Engineer before any work involving these plans shall be performed, unless
approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported
to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be
responsible for any error in the finished work.
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The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements
in writing a reasonable length of time in advance of starting operations that require such stakes or
marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the 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 maybe provided. Any work done in the absence
of the Engineer will be subject to rejection.
5.1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code commencing with .Section 1720}, Contractor agrees that in performing said work, by himself or through. any
( . , ~ subcontractor, eight hours labor shall be a day's work and forty hours Labor shall be a week s work, and that
Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in
said work, and that said, record shall be kept open at all reasonable hours for inspection pursuant to Section 1812
of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of
per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The preyailing 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. FIFTY DOLLARS {$50) pursuant to Section 1775 of the Labor Code, per worker paid less than
the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40} hours. per week,
except as provided in Section 1815 of the Labor Code.
5.1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(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 7-1.01A(4}, "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
(Government Code Sections 12900 through 12.996), to the regulations promulgated by the Fair Employment and
Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal
employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(S), "Apprentices,"
of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code
Sections, 1777.5,1777.b, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides f or apprentices, the Contractor and
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all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS "This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. ~A co of an approval to employ and train apprentices from the local Department of Industrial Py Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing
for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
5.1.08 TRENCH SAFETY. The Contractor shall comply with Section b705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in
de th, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed P plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker
rotection durin the excavation of the trench, has been submitted by .the Contractor to the City
P g Engineer and the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders
of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system
less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothin in this section shall be construed to impose tort liability on the awarding body or any of its g
employees.
The terms "Public Works" and "Awarding Body," as used in this section,. shall have the same
meaning as in Labor .Code Sections 1720 and 1722 respectively.
5.1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in
Section 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and b:00 A.M.,
shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including
but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for
the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional compensation will be
allowed therefor.
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5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from
any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure
a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Monda,~tlu'ou FridaX. Any deviations must be requested and in writing and directed to the Construction
Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work
beyond these limits. Any tune work proceeds, which requires inspection services for more than an eight (8) hour
work day, or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said
charges may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which
in any .manner affect those engaged or employed in ~ the work, or the materials used in the work, or which in any
way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this
contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have
been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be
responsible for any deductibles under all required insurance policies.
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City, its
officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the
Contractor, his agents, employees or subcontractors under the terms of this agreement and shall
execute and return with the executed contract documents and bonds the "Hold Harmless
Agreement," a copy of which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the
terms of this agreement and specifications, the Contractor shall. procure and maintain for the duration of this agreement the following types and limits of insurance:
Automobile liability. insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits of not
less than one million ($1,000,000} per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with limits of not less than
one million ($1,000,000) per occurrence. '
The liability policies shall provide contractual liability coverage for the terms of this agreement.
The liability policies shall contain an additional insured endorsement in favor of the City, its mayor,
council, officers, agents, employees and volunteers;
Workers' compensation with statutorX limits and employer's, liability insurance with limits of not less
than one million ($1,000,000} per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the
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City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects the City, its
mayor, council, officers, agents, employees and volunteers and any insurance or self insurance
maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
All policies shall contain the following endorsements:
An endorsement providing the City with ten (10) days written notice of cancellation or material
change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided by or
on behalf of the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance will be made for additional costs which may be required by extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165,
"Damage. by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not .apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City
Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to aH regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5.1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the
City. The Contractor shall make his own arrangements,. and pay all expenses for additional area required by him
outside of the limits of right of way unless otherwise provided in the special provisions.
5.1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of -this contract, failed to supply an adequate working force, or material of
proper quality, or has failed in any other respect to prosecute the work with the .diligence and force specified
and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he
neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer,
within the time specified in such notice, the City Council in any such case shall have the power to suspend the
operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work,
or such parts of it as the .City Council may designate. Upon such suspension, the Contractor's control -shalt terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to
carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and
purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may
annul and cancel the contract and re-let .the work or any part thereof. Any excess of cost arising therefrom over
and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor.
In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall
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be forfeited. to the City; but such forfeiture will not release the contractor or his sureties from liability or failure
to fulfill the contract. The Contractor and, his sureties will be credited with the amount of money so forfeited
toward any excess pf cost over .and above the contract price, arising from the suspension of the operations of the
contract and the completion of the work by the City as above provided, and the Contractor will be so credited
with any surplus remaining after all just claims for such completion as determined by the Engineer have been
paid.
In the determination of the question whether there has been any such non-compliance with the
contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on
all parties to the contract.
5.1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform
any provisions, of the work. The Contractor shall immediately obey such order of the Engineer and shall not
resume the work until ordered in writing by the Engineer.
5.1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which .are furnished but not
incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article
9.1.07B, "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 may be necessary to protect the City from loss
due to causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the .contract can be completed for .any unpaid
balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certiftcates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications
is amended to read:
The Director will make the final determination of any claims which remain in dispute after
.completion of claim review. Aboard or person designated by said Director will review such claims
13
and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount
of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due
after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under
the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days
from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution
and return by the Contractor of the attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made
under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be
construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract,
and the adjustment and payment for any work done in accordance with any alterations of the same, shall release
the City, the City Council, and the Engineer from any and all claims or liability on account of work performed
under the contract or any alteration thereof.
5.1,22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following
paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.11, "PAYMENT".
- Tenth paragraph of Section 39-8.02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and
Y subcontractor's well-being and their education of handling hazardous materials when hazardous materials are
encountered during this project.
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before delivery is started and before such material is used in the work. Representative relimin P ~`Y
samples of the character and quality prescribed shall be submitted by ,the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with .commonly
recognized standards of national organizations, and such special methods and tests as are prescribed. in the
specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal
sites used by the Contractor to produce or dispose of material for this project shall 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 ut' ' d by the Contractor.
14
l
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at
the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a
potential as a source of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains. necessary permits for borrow, disposal or material sites from the authority
having. jurisdiction or from the appropriate pollution control boards and such permits contain requirements which
conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been
approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in
this section shall be considered as included in the contract prices paid for the items of work which require the use
of the sites and no additional compensation will be allowed therefor.
6.1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-1.01, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into
operation. Pavement delineation shall be replaced. by temporary delineation before ope ,Wing the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not. less than 4
inches long. nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart
on tangents. Reflective traffic line, tape shall be applied in accordance with the manufacturer's instructions.
Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary
delineation shall be considered as included in the prices paid for the contract items of .work that obliterated the
existing delineation and no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with
cardboard or other material with an observation hole (max. 1" dia.) in front of each signal indication. The covers
shall remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal
control shall be completed and all signs shall be in place.
7-1.02 OBSTRUCTIONS. Attention is duected to Section $-1.10, "Utility and Non-Highway
Facilities," of the Standard Specif cations, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements
that are to remain in place within the construction area or that are to be relocated and relocation operations have
not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and 7-1.12,
"Responsibility for Damage," of the Standard Specifications, .the Contractor will be liable to owners of such faalities and improvements for any damage or interference with service resulting from conducting his operations.
The exact location of underground facilities and improvements within the construction area shall be ascertained
by the Contractor before using equipment that may damage such facilities or interfere with the. services. Other
forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or
utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid
any unnecessary delay or hindrance to the work being performed by other such forces.
15
c, Any delay to the Contractor due to utility relocation whether or not the ut' 'ty is shown or correctly
located on the plans will not be compensated for as idle .time. However, additional contract time commensurate
with .such delays may be allowed. .
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the
Contractor shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and
current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to muumize damage to existing irrigation systems and plant materials. The
Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and
replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in
the area for the duration of irrigation interruption.
Existing land subdivision monuments and stakes shall be fully protected from damage or
displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be
considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be considered as included in the prices paid for the various items of work and no additional compensation will
be made therefor.
7-1.03. MAINTAINING TRAFFIC. The Contractor shall furnish, install.
and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or
endangers the safe movement of .traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements
set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of work Upon Highways,".published by the State of California, Department of Transportation. Application and use of
devices shall be as specif ed and as .directed by the Engineer.
The Contractor shall. keep the Bakersfield Fire Department informed at
all times as to the exact location and progress of the work and shall notify
them immediately of any streets .impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of .the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel H-
V~►~IhSON ROAD BOTH 8:30 - 4:30
AKERS ROAD BOTH 8:30 - 4:30
where construction operations are actively in .progress, a muumum of one traffic lane, not less than twelve
feet in width, shall be open for use by public traffic. where construction operations are not actively in
progress not less than two such lanes shall be open for use by public traffic. Public traffic maybe permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side
of the roadbed opposite to the one under construction. No additional compensation will be allowed for any
. 16
e
Quantities of minor concrete (sidewalk) shall be paid for at the contract price per square foot of
sidewalk.
Quantities of minor concrete (wheelchair ramp) shall be measured paid for at the contract price per
square foot of minor concrete(sidewalk).
The above prices and payments shall include full compensation for furnishing all labor, materials
(including adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment,
and incidentals, and for doing all the work involved in constructing curb, sidewalks, gutter depressions, island
paving, curb ramps, and driveway, complete in place, including pavement removal and tie-in per Standard S-6,
concrete removal, subgrade preparation, as shown on the plans, and as specified in the specifications and the
special provisions, and as directed by the Engineer.
7.1.07 SAWCUT ASPHALT CONCRETE PAVEMENT. Where new asphalt concrete is to conform to
existing. asphalt concrete, the existing asphalt concrete shall be saw cut to a .neat line. The depth of cut shall be
sufficient so that damage to adjacent asphalt concrete,which is to remain in place, will not occur during
excavation operations.
The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the
start of paving operations.
Full compensation for conforming to the requirements of this article shall be considered as included in
various items of work and no additional allowance will be made therefore.
7-1.08 REMOVE .CONCRETE. Removing concrete shall conform to the provisions in Section. l5, "Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-
Made Objects," of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material
outside the Highway Right of Way," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this
article shall be considered as included in the various items of work and no additional compensation will be made
therefor.
7.1.09 CLEARING AND GRUBBING. Clearing and grubbing. shall conform to the provisions. in Section
16, "Clearing and Grubbing," of the Standard Specifications and these special provisions.
Clearing and grubbing shall be limited to those areas actually affected by the planned construction as .directed by the Engineer.
7.1.10 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from
originating from the site of the work as a result of his operations, or the traveling public, during the effective
period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited
to the following:
1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry
enough to permit dust formation.
2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions
beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
18
c PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for the various contract items of work and no additional compensation will be allowed
therefor.
7-1.11 TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by the
Engineer, replace all obliterated pavement delineation with temporary delineation during the same work period,
and in no case later than 7:30 a.m. following such work period.
Temporary .delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long
nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on
curves. Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must be the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying
asphaltic emulsion tackcoat for asphalt concrete overlay.
A striping plan will be made available to the Contractor when traffic delineation is to be modified by the
City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid
for the various items of work, and no separate payment will be made therefor.
SECTION 7.2 TRAFFIC SIGNALS AND LIGHTING
7.2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts .and washers to be used for new foundations and shall
furnish. the appropriate nuts and washers for existing foundations to be reused.
When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall. be amended to read:
When a foundation is to be abandoned, the top of foundation, anchor bolts, and conduits shall be
removed to a dpth of not less than 3-feet below surface of sidewalk or unimproved ground. The resulting hole
shall be backfilled with material equivalent to the surrounding material.
7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard
Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods. Installation using jacking or
drilling shall conform to Section 86.2.OSC, "Installation," of the Standard Specifications. Open trench installation
shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed 6 inches in. width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement. of
conduit. The top of the installed conduit shall be a minimum of 12 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a
one (lj sack slurry cement backfill, Slurry cement backfill shall be placed to within 0.20 feet of the
pavement surface. The top 0.20 feet shall be backfdled with asphalt concrete produced from
commercial quality paving asphalt and aggregates.
19
3. Prior to spreading asphalt concrete, paint binder .shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt
concrete shall be performed by any method which will produce an asphalt concrete surface of uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary
roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time
. as the permanent asphalt surface is placed.
Dependent upon adverse soil conditions or other circumstances encountered at the tune of construction, the Engineer may sp~ecifiy which of the above methods may be used.
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the
Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
Pullboxes located in the wheelchair ramp areas shall be flush to the surface.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section
86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except
between ,the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan
ES 13.
Splices shall be insulated by "Method B."
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 60 amp, 240
volt, 3 pole main breaker and the following branch circuit breakers:
No. A~ Ph_ Volts Br_ ch Me=
1 50 1 110 Traffic Signal Yes
2 20 1 110 Lighting No
The Engineer will arrange with the serving utility to complete service connections to service points shown
on the plans and will pay all required costs and fees required by the utility.
7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 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
20
SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7.2.47 .SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as
shown on the laps, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal P
Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications and these speaal provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All Lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile
iron.
7.2.48 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions. in Section 86-4.05,
"Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and
two light sources, each consisting of luminous tubing and power supplies for the luminous tubing.
The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
1 carbonate plastic; 3/16 inch nominal thickness hammered wire-glass; or 3/16 inch- nominal thickness Po Y ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface over
the entire projected area except where the symbols are located. The material used to mask the message plate
shall be hard and durable and shall bond -such that it will not flake or peel when the message plate is in use or is
washed. The symbols shall be the only illuminated portion of the message plate.
The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module.
The module shall contain and properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts
with a power factor of not less than 90 percent over a range of input voltages from .105 to 130, at a frequency of
60 + 1 Hz.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front
Screen", of the Standard Specifications.
7.2.49 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as
shown on the plans.
An in-line fuse shall be located in the pull box.
7-2.14 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions. in Section
21
86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectrical
control.
7.2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnisht the controller and cabinet assembly for the location. The central pad on the Foundation Detail in State Standard Plan
ES-4B shall be increased from a height of 3.5" to a height of 12".
Load switches shall be Indicator Controls Corporation mode1200.
Loop Detectors shall be Indicator Controls Corporation mode1222. Loop detectors shall be 2-channel
digital, rack mounted with a serial port. Contractor shall also supply and install all necessary hardware to connect the load switch and detectors for a fully operational system.
7.1.12. DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the
Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by
the Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-S.OlA (4}, "Construction
Materials," of the Standard .Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and
insulate the other end with no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and
soldered to .the conductor.
or Loop detector lead-in cable shall be Type D where shown on Plans, and shall conform to the following:
Type Dlead-in cable shall consist of 4 No.18 stranded copper conductors with color coded polypropylene
insulation (red-green and black-white} The conductors shall. be twisted together with 6 turns per foot and
protected with an aluminized polyester shield. The cable shall be provided with. a high density
polyethylene outer jacket with a nominal thickness of 0.032-inch. An amorphous interior moisture
penetration barrier shall be provided. The 4-conductor cable shall be less than 1/4" in diameter. Splices in the loop detector lead-in cable will not be permitted unless indicated on the plans.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-5.01A (5),,
"Installation Details," of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant
conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the
pavement surface.. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before
setting, surplus sealant. shall be removed from the adjacent road surfaces without the. use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
22
1. An elastomeric sealant conforming to Section 86-S.OlA (S} of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (S} of the .Standard
Specifications.
Identification of each conductor pair shall consist of Labeling the phase and detector slot number (e.g. - 6J2L,, 8JSU, 3ISU, etc.} in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No.
TYSS32 or approved equal}.
Detector loops in concrete pads shall be sealed with epoxy sealant.
7.2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before
notice of completion and final acceptance is made by the City of the work described on the plans and these
special provisions.
7-2.14 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section $6-S,
"Payment", of the Standard Specifications .and these .special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the
contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor.
23 .
8040-41A-15
STATE OF CALIFORNIA
SpecificatlOD
Asphaltic Emulsion IDductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled, asphaltic emulsion for use in
sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This
sealant is suitable for use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the
Invitation to Bid form a part of this specification where referenced:
American Society for Testing- and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992 .
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for
Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref.
49CFR. .
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It
will be the manufacturers responsibility to produce cone-component product to meet .the properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent ?0 Muiimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to b5
Use ASTM D2939
24
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise SO 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 A~'TM D2939, except air dry specimens to cracks
constant weight at 75 Sdeg.F. and SO 10% relative humidity. Condition mandrel and ,
specimens 2 hours at 75 2deg.F. before test.
Use aluminum panels, 0.03 inches thick
(Q panel or equal}.
3.3.2 Tensile Strength, psi, 20 minimum
cast sheets 0.25 inches thick and air dry at
75 Sdeg.F, SO +/-10% relative humidity for minimum of lb hours. Load rate 0.05
inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum,
Use California Test Method No. 434, Part VIII. Space ~ with no loss
damp blocks with 0.25 inches between 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 140deg.F oven to
constant weightand. condition 1 day at 75 2deg.F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to-water No blistering,
Use ASTM D2939, Alternative B re-emulsification
or loss of
adhesion
3.4 workmanship
3.4.1 The .sealant shall be properly dispersed and any settling shall be easily redispersed with minimum
resistance to the sideways manual motion. of a paddle across the bottom of the container. It shall
forma .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.
25
Asphaltic Emulsion Inductive Loop Sealant 8440-41A•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 ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of
manufacture and application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package .system ready .for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5
gallon size the containers shall be new, round standard full open head with bails, .shall be
nonreactive with the contents, and shall have compatible gaskets. The containers shall comply
with the U.S. Department of Transportation or the .Interstate Commerce 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.
26
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
6.0 NOTES
b.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant
must be thoroughly stirred before use and
hand poured into the slots. Due to the sand content of this material, pumping is not
.recommended. Any clean up of road surface or tools can be done with water, before the sealant
sets.
b.2 Patents
The Contractor shall assume all costs arising f rom the use of patented materials, equipment,
devices, or processes used on or incorporated in the .work, and agrees to indemnify and save
harmless the State of California, and its duly authorized representatives, from all suits at law or
action of every nature for, or on account of, the use of any patented materials, equipment,
devices or processes.
b.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordance with the provision of .Section b•1.07 of California Department of Transportation
Standard Specifications, January 1988.
27
rnvrv~rw
FOR TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD AT AKERS ROAD
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as
principals are those named herein; that this proposal is made without collusion with any other person, firm or
corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of
contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with. the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all
the materials in accordance with the plans and specifications for the above, filed in the office of the Finance
Director of the City of Bakersfield and as specil"ied in the contract, in the manner and time therein
prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in
full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten (10} days, not including Sunday, after having received notice that the contract is ready for
signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City
of Bakersfield.
Bidder acknowledges receipt of the fallowing addendum:
The bidder shall clearly list any and all addenda numbers received for the project above and on the lower left hand corner of the sealed bid return envelope.
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION No. QUANTITY MEASURE Cn figures) PRICE
(in figures)
1, 1 LS Traffic signal
modification and lighting system
2. 100 LF Minor concrete curb
and gutter
3. 710 SQFT Minor concrete
(sidewalk)
TOTAL:
SIGNED
Bidder Company
Address
City State Zip Code
( }
Area Code Telephone Number
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF
PERJURY. Page 1 of 1
e
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit
the case of lum sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Price. In P ' Prices. Bidder a ees that in case of any discrepancy between the Unit Price(s) and the respective Extension 8r
.lion Prices andlor the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the F,xten O however if the amount set
correct oo uted sum of all correctly computed Extension Prices, provided, ,
t forth in the Extension Price column for forth as a Unit Price is unintelligible or omitted, then the amount se
the item shall be used to determine the correct Unit Price in accordance with the following.
1 As to lum sum items, the amount set forth in the Extension Price column shall O P , be the Unit Puce.
2 As to unit basis items, the amount set forth in the Extension Price column shall
~ ~ the rice thus obtained be .divided by .the estimated quantity for the item and p
shall be the Unit Price.
LIST OF SUBCON'T'RACTORS
ersons or arties subnuttin a bid proposal on the project shall complete the following form, setting
~ P P g each subcontractor who. will erform work or forth the name and the location of the mill, shop or office of P
rvice to the Contractor in or about the construction of the work or improvement in excess labor or render se
• f one 1% ercent of rime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), of one half o ( ) p • P
ever is eater and the rtion of the work which will be done by each subcontractor. This list is to be which gr , Po
completed and submitted with said bid proposal.
Description of portion Subcontractor s Name
nd Street Address Ci State Zi of worksubcontracted a
(attach additional sheets if needed)
e
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
~ AND SUBMITTED WITH BID
TRAFFIC SIGNAL MODIFICATION ON WILSON ROAD AT AKERS ROAD
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 any-other bidder
to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to
fix the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her .bid price or any breakdown
thereof, ar the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this _day of ,19~.
l
To the State of California, Department of Transportation.
N4NCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
In accordance with Title 23 United States Code Section 112
and Public Contract Code 7106 the bidder declares that the
bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly ,
colluded, conspired, connived, or agreed with any bidder or
anyone else to gut. in a sham bid, or that anyone shall
refrain from bidding; -that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit,
or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the. public body
awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are
true; and, further, that the bidder has not, directly or indirectly, submitted. his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information
or data relative thereof, or paid, and will not pay, any
fee to any corporation, partnership, company association,
organization, bid depository, or to -any member or agent
.thereof to effectuate a collusive or sham bid.
NOTE: The above NoncoIluson Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this
Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
31
Accompanying this proposal is
NOTICE: Insert the words "cash {$............),""cashier's check," "certified check," or "bidder's bond," as the case ma be
Y 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:
IlVIPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the
president, secretary, treasurer, and manager thereof; if a copartnershi ,state true name of fi also names of p ~
all individual copartners composing firm; if bidder or other interested person is an individual, state first and last
names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
OTE--If;bidder is a corporation, the legal name of the corporation. shall. be set forth above to ether with the si ature g gn of the
officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of
the firm shall be set forth above together with~the signature of the partner or partners authorized to si contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If si ature is b an a ent
. ~ y g , other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Ci
tY Clerk of the City of Bakersfieldprior to openingbids or submitted with the bid; otherwise, the bid will be disre arded as
g irregular and unauthorized.
.Business Address
Telephone No.
Place of Residence
Dated 19.....
32
t
(Not necessary if cash or certified check "is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body
litic and corporate of the State of California, in the sum of dollars
to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs,.
xecutors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred:
o in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said "City anal if the above
unden principal, heirs, executors, administrators,. successors and assigns, shall duly enter into and execute a contract, to
nstruct said improvements aforementioned, and shall execute and. deliver the two bonds required by law,. within ten
ys (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for
xecution, then this obligation shall. become null and void, otherwise it shall be and remain in full force and effect.
IN V1i~ITNESS WHEREOF, we have hereunto set our hands and
eats this day of ,19
(Seal
(Seal
(Seal
Page 1 of 2
33
STATE OF CALIFORNIA )
ss. COUNTY OF
On thi =day of ,19_, before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the .person whose ~ name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto. as surety, and his own name as Attorney in Fact.
IN VIi~ITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public in and for said County and .State
t
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building Bakersfield, California 93301
In accordance with the terms of Contract. No. for:
.TRAFFIC SIGNAL MODIFICATION ON WILSON RD. AT AKERS RD.
awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the installation of lighting and/or traffic si n~al system ,and
under which contract the undersigned- has furnished and installed such system, the following guarantee of the said
system is hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or
should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of
installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, .all within (1) year after date on which said contract. is accepted by the City, the undersigned agrees to
reimburse the City, upon. demand, for its expenses incurred in restoring said systems to the condition contemplated in
said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any
such equipment and repair said systems completely without cost to the City, so that they will operate successfully as
originally contemplated.
The, City shall have, the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City,
- the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made
and such. materials as are necessary shall commence to be furnished and installed within Twenty-Four (24) hours of
the date specified in the City's written notification. Contractor shall prosecute with .due diligence to complete the
work within a reasonable period of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this .guarantee in the event-that they fail to
operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications
included in said contract.
Date Contractor's Signature
Firm
Address
35
R
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL MODIFICATION ON WILSON RD. AT A,KERS RD.
awarded on ,between the City or Bakersfield (hereinafter referred to as "City"), and the
undersigned, which contract provides for the installation of
,and other facilities and under which contract
the undersigned has installed such facilities, the following guarantee of .the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship
and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, .and/or
materials which may prove defective in workmanship or materials within a period of one (1) year from the date of
acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to
repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in
making good such defects.
.Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the
agent of either of them, of any defects in said work or :materials, we agree to commence and prosecute with due
diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable
period of time,, and in the event of our failure to so comply, we collectively and expressly. do hereby authorize the
City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our
expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to .the .benefit of both the. City of the above mentioned
construction project and the City's representative, and shall be enforceable by either of them.
DATE
Contractor's Name
Authorized Signature
36
t
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFTELD
IT IS HEREBY AGREED that , agrees to indemnify and hold harmless
the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys
fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for
damage because of bodily injury, including death at any time resulting therefrom,. sustained by any person or
persons, or on account of damage to property arising out of or in consequence of
(Agreement name}
- IT IS FURTHER UNDERSTOOD AND AGREED f hat the Contractor shall (at 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.
DATED
Contractor's Name
Authorized Signature
37
r
SAMPLE SAMPLE
TRAFFIC SIGNAL MODIFICATION AND LIGHTING SYSTEM
AT WILSON RD. AT AKERS RD.
CONTRACT N0.
THIS AGREEMENT, made and entered into on , by and between
the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City," and , hereinafter called "Contractor";
Vf~I'fNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On ,the contract was awarded to Contractor
upon his properly executed bid; and
WHEREAS, one of the conditions of said award required a formal contract to be executed by and
between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
' ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials for
within the City of Bakersfield.
ARTICLE II
The following shall be deemed to be part of this contract as if fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal 4. Bidder's Bond
5. Performance Bond
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 ~ (if required by Specifications}
.1_
38
c.
IN V~i~ITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
CITY OF BAKERSFIELD
By
Mayor
(NAME 4F CONTRACTOR)
By Contractor
APPROVED AS TO FORM:
By
City Attorney
C(JUNTERSIGNED:
By
Finance Director
. -2-
39
e
~To be completed by the Contractor, if he elects to substitute securities in lieu of retentionJ.
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THlS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
herei-Wafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option
to deposit .securities with Escrow Agent as a substitute for retention earnings re wired to be withheld b Owner q y
pursuant to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated hereinafter referred to as the M ~ Contract"}. When Contractor deposits the securities as a substitute .for Contract earnings, the Escrow Agent shall
.notify the Owner within ten (10} days of the deposit. The market value of the securities at the time of the substitution
shall be at least equal to the cash amount.then required to be withheld. as retention under the terms of the Contract
between the Owner and Contractor. Securities shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld
:from progress payments pursuant to the Contract provisions; provided that the Escrow Agent hold securities in the
`form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit
of the Owner until such time as the escrow created hereunder is terminated.
-1-
40
4
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 Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven
~7} days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written .notification from. the Owner certifying that the Contract is final and complete, and that
the Contractor has complied with all requirements and procedures applicable to the Contract, .Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow fees. and charges of the Escrow Account. The
escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of
fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections
~4}~to (6}, inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow
Agent's release and disbursement of the securities. and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the
Owner and on behalf of Contractor in .connection with the foregoing, and exemplars of their respective signatures,
are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
_2_
41
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the .Escrow A ent a full
executed g y 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-
42
a
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "owner," has, on (DATE OF AWARD),19~, awarded to tNAME OF CONTRACTOR) , a corporation organized. and doing
business under and by virtue of the .laws of the State of California, hereinafter designated as the "Principal," a contract
for the PROJECT DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful
performance of said contract; and
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK_
BONDING COMPANY), as Surety, are held and firmly bound unto the Owner in the sum of ,(100% OF AMOUNT ,AWARDED AT COUNCIL MEETING) lawful money.of the United States,. far the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and abide by, .and well and truly keep
and faithfully perform the, covenants, conditions, and agreements in the said contract and any alterations made as
therein provided, an his or their part, to be kept and performed at the time and in the manner therein specified, and
in ~~a11 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 #his bond,. will pay to the
Owner such reasonable attorney's fees as shall. be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation
in the said amount shall hold goad for a period of one (1) year after the completion and acceptance of the said work,
during which time if the above mentioned Principal., his gr its heirs, executors, administrators, successors, or assi ns g
shall fail to make full, complete,. and satisfactory repair and replacements or totally protect the said Owner from loss
4f 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.
Page 1 of 2
43
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And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to .the terms of the contract or to the work to be performed
#hereunder 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, ar addition to
the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions
of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the Owner in successfully enforcing such obligation,. all to be taxed as costs and included
in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of ,19_, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
Principal
{Seal} Signature for Principal Title
Surety
(Seal} Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
PERFBOND.2
44
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MATERIAL • LABOR BOND
KNOW ALL MEN 6Y THESE PRESENTS, THAT, WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of Cali#ornia, hereinafter designated the
'Owner,' has, on DATE OF COUNCIL MEETING) ,awarded to
1NAME OF CONTRACTOR
hereinafter designated as the 'Principal,' a contract for the construction of
DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS .
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or i~ subcontractors, shall fail to pay for any
materials, pro~sions, or other supplies used in, upon, for, or about the performance of the work
contacted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will
pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BOND,NG COMPANY) , as Surety, are held and firmly bound -unto the Owner the enal su ° p m of 50
OF AMOUNT AWARDED AT COUNCIL MEETING) dollars lawful money of the. United States, for the payment of which sum .well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly b these
Y presents,
THE CQNDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Princi al
p~ his or its heirs, executors, administrators, successors, or assigns, shall in aN things stand to and
abide by, and well and truly keep and faithfully perform the covenants, conditions and a teem
in the said ~ ~ g ents contract and any alterations made as therein provided., on his or their part, to be kept and
performed at-the time and in .the manner therein specified, and in all res ects accordin to their true . p g 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 re '
main in full force and virtue and Principal and Surety, in the event suit is brought on this bond will a to the
py -Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract the above
obligation in the said amount shall hold good, for a period of one ~1 }year after the completion and
acceptance of -the said work, during which time if the above mentioned Principal, his or its heirs,
executors, adminis~ators, successors, or assigns sha11 fail to make full, complete, and satisfacto ry repair and replacements or totally protect the said Owner from loss of damage made evident durin
9 said period of one year from the date of acceptance of said work, and resultin from or caused b
g y 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, an in in this
. Yth g paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so
long as any obligation of the Principal remains.
45
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or
the 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 rovisions of Sections
p 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the ~3wner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of , 7 9_, 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
(Sear Signature for Principal Title
Surety
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
46
_
i