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CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
,I
e la 'il
~y
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION
ON
CALIFORNIA AVE. AT H ST.
BID OPENING:
DATE AUGUST 10,1994
TIME 11:00 A.M.`
PROJECT N0. 91005
DEPARTMENT OF PUBLIC WORKS
CITY OF BAKERSFIELD
1501 TRUXTUN AVENUE
BAKERSFIELD, CA~93301 Telephone: .~805~ 32d-3724
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, Unti111:00 o'clock A.M. on AUGUST 10,
1994 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON CALIFORNIA, AVE. AT H ST.
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 interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the
City of Bakersfield. The request for. substitution of securities to be deposited shall be submitted on the form
entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special
provisions.
The Contractor must possess a valid Class A or 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 prevailing rate of wages to workers on this project as determined by the Director of
California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield,
California.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of modifying a traffic signal and lighting system and
installing a traffic signal interconnect.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.O1 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July,1992,"
as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the
Standard Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
the intent and meaning shall be as follows:
City - City ofBakersfield, Cali~rnia.
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.
Other terms appearing in the Standard Specifications, the general provisions, and the special
provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard
Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
Z-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
AUGUST 10,1994 sealed proposals for
+ + C SIGNAL AND LIGHTING SYSTEM MODIFICATION ON CALIFORNIA AVE. AT H ST.
Z-1.02 APPROXIMATE ESTIlVIATE. The Engineer's estimate of the quantities of work to be done
and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the
City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to
omit portions of the work that maybe deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and
contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and
as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such
examination: ~ : ~ : ~ ..z:
2.1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals maybe rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the
prices obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasing Officer, the form of which appears herein immediately following these special provisions. All
proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is
made by an individual, his name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If
made by a corporation, the proposal must show the names of the state under the laws of which the corporation
was chartered and the names, titles, and business addresses of the president, secretary and treasurer.
2.1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be
accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least
ten percent {10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have
listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract
portions of the work in the amount of 1/Z of one percent of his total bid or $10,000, whichever is greater, in
accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the
Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making
unauthorized substitutions.
A sheet. for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a
list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
S
2-1.08 ONIISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned
in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the
specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or
described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time
fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative.The
withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are
opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time,
nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 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.
. _1 .
2-l.ll RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code
Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that
if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5
days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake
occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985} provides as follows:
Any state agency may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a public works or services
contract with the .agency under this part or from being a subcontractor at any tier upon
the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or
any other act in violation of any state or f ederal 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
ref erred 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 maybe rejected. Proposals in which the
prices obviously are unbalanced maybe rejected.
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SECTION 3.AWARD AND EXECUTION OF CONTRACT
3.1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible
bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality,
fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within
forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible
bidder.
3.1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil
Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (100%} of the contract price. The other of
the said bonds shall be in an amount of fifty percent (50%} of the contract price and shall guarantee payment
to laborers, mechanics and material workers employed on the job under the contract and shall be in the
amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the
protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that
such surety or,, sureties have become insufficient, a demand in writing may be made~of -tie ~Ca~tractor for-~ such
further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary,
considering the .extent of the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional
surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and
returned, together with the contract bonds within ten (10} days, not including Sundays, after the bidder has
received notice that the contract has been awarded. No proposal shall be considered binding upon the
City until the execution of the contract. All contracts shall be considered as being made and entered into in the
City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not
including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause
for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the
contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be
considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
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SECTION 4 -BEGINNING OF WORK, TIlVIE OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated
Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications,
is amended to read:
The Contractor shall begin work within fifteen (15) days after receiving
written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 35 working days.
Contract working days will commence from the date the Contractor
begins work or the 15th calendar day from the date of the written
notice to proceed, whichever comes first.
The Contractor. shall pay to the City of Bakersfield the sum of $200.00 per day for each and every
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
Full compensation for conforming to the requirements of above paragraph shall be considered as
included in the prices paid for the various items of work and no additional allowance will be made therefor.
The Contractor shall furnish the Engineer with a statement 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.
i
No work shall begin on the project without prior written approval of the Engineer until all
components necessary for operation of the signal system are on hand. The Contractor will be granted an
extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing time should approval be given
to .begin prior to delivery of all signal system components. The number of days extension shall be the working
days between the date as determined according to Special Provisions, Article 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.
i ~
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SECTION 5 -GENERAL
5.1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1.1.40, "State Contract Act," and
. 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions
of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of
the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to
submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.OZ ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an
amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds twenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications .
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer
. shall be approved by the Engineer before any work involving these plans shall be performed, unless
approval is waived in writing by the. Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be
reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor
shall be responsible for any error in the finished work.
• ~ The second paragraph in Section 5-1.07, Lines and Grades of the Standard Specifications is
i 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 may be provided. Any work done in the
absence of the Engineer will be subject to rejection.
5.1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's work and forty. hours' labor shall be a week's work, and that
Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed
in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section
1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing
I
9
rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the
construction of this project. The prevailing rate for each craft, classification or type of work is determined by
the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file
and available for inspection in the Public Works Department. The schedule is incorporated herein by this
reference. The City shall have the right to inspect payroll records during normal working hours and shall have
the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any
way with the City's right to investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion
thereof:
a. 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 12996), to the regulations promulgated by the Fair
Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action
and equal employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(S),
"Apprentices," of the Standard Specifications.Rll Contractors and Subcontractors shall comply with the
provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the. Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL
TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be
submitted to the local Department of Industrial Relations, Division of Apprenticeship
Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with
these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee
.providing for apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
10
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in
depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection during the excavation of the trench, has been submitted by the Contractor to the City
Engineer and the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a .Registered Civil or Structural
Engineer.,
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective
system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 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 6:00 A.M.,
shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job,
including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by
safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional compensation will
be allowed therefor.
5-1.10 PERNIITS 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. f.
5.1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to
4:30 P.M. Monday t~ hg_y. 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 time 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 f rom 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
11
Bakersfieldwhich 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 HULD 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.
S-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; :..d'
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 liabili insur,_ance, 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 f avor of the City, its
mayor, council, officers, agents, employees and volunteers;
, . . . , . Workers compensation with statutory limits and employer s habihty insurance with hnuts of not
less than one million ($1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of
the, City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects the City,
its mayor, council, officers, agents, employees and volunteers and any insurance-or self-insurance
maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be
excess of the Contractor's insurance and' shall not contribute with it.
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.
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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.
l S-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with
City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer
and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. ~ ~ t
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
j suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall
discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; may
j ~ employ other parties to carry the contract to completion, employ the necessary workmen, substitute other
I ~ 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 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 of cost over and above the contract price,
arising from the suspension of the operations of the contract and the completion of the work by the City as
above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such
completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding
on all parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time
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' 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.Ob, "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; i
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
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d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
when any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "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 and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the ~I 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,
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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 QU S. 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 subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project.
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SECTION 6. CONTROL OF MATERIALS
6.1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before delivery is started and before such material is used in the work. Representative preliminary
samples of the character and quality prescribed shall be submitted by the contractor or producer of all
materials to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly
recognized standards of national organizations, and such special methods and tests as are prescribed in the i specifications.
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6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal
sites used by the Contractor to produce or dispose of material for this project shall comply with the
requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and
sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such ~~ites 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 com ensation for com 1 'n with the re uirements for borrow dis osal and material sites in ~ p p Y~ g q ~ P
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.
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~ 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
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SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into
operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to
public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4
inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet
apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation
for temporary delineation shall be considered as included in the prices paid for the contract items of work that
obliterated the existing delineation and no separate payment will be made therefor.
~ When initiall installed all vehicle and edestrian si al faces shall be aimed and v ' y p gn co ered with
j 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 -tocommencement 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.OZ OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway
Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements
that are to remain in place within the construction area or that are to be relocated and relocation operations
have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and
7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of
such facilities and improvements for any damage or interference with service resulting from conducting his
.operations. The exact location of 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 maybe engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in
such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or
~ correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays maybe allowed.
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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 minimize 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.
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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, f ull 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 specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact
location and progress of the work and shall notify them immediately of any streets impassable for fire fighting
equipment. i
- , , ,y! The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
~ Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
CALIFORNIA AVENUE BOTH 8:.30 - 4:30
H STREET BOTH 8:30 - 4:30
Where construction operations are actively in progress, a minimum of one traffic lane not less than 12 feet
shall be open for use by public traffic. Where construction operations are not actively in progress not less
than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the
shoulders and, if half width construction methods are used, may also be permitted to use the side of the
roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs,
lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and
direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent
flagmen whose sole duties shall consist of directing the movement of public traf f is through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End
Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as
directed by the Engineer at least 48 hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
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included in the prices paid for various items of work and no additional allowance will be made therefor.
7-1.04 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.
~ I r3 I Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches lon
g 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 immediatelyprior to applying asphaltic
emulsion tackcoat for asphalt concrete overlay. .
A striping plan will be made available to the Contractor when traffic delineation is to be modified by the
City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid for
the various items of work, and no separate payment will be made therefor.
7-1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing
faciliti~.es shall confprm[to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications
and these ~ special provisions.
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Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intent that existed prior
to construction.
. . . Existing City highway signs and street markers shall be placed m their permanent position by the
~ ~ Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to
the City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the two preceding paragraphs shall
be considered as included in the prices paid for the various items of work and no additional allowancewill be made . therefor.
7.1.06 RELOCATE BRICK PLANTER. The relocation performed on the brick planter shall conform to
the provisions in Section 15, "Existing Highway Facilities," of the Standard Specif ications, the plans, and the special
provisions.
PAYMENT. Full compensation for brick planter relocation shall be considered as included in the prices paid for the various items of work, and no separate payment will be made therefor.
7.1.07 REMOVE TRAFFIC STRIPES AND PAVEMENT N[ARI~INGS. Traffic stripes and pavement
markings to be removed will be as shown on plans and as designated by the Engineer.
j Traffic stripes and pavement markin s shall be removed to the fullest extent ossible from the avement g P p
by any method that does not materially damage the surface or texture of the pavement or surfacing. Where blast
cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area that is open to public traffic. Sand or other
material deposited on the pavement as a result of removing traffic- stripes and markings shall be removed as the
~ work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute
a hazard to traffic will not be permitted.
. ; Traffic stripes shall be removed before any change is made in the traffic pattern. r...'
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Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement
markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old
message cannot be identified.
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After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance
with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following:
In traffic stri a removal areas the fo seal coat shall be a lied over the traffic stri a removal area and P ~ g Pp P
to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe
removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
Full compensation for furnishing and applying fog seal coat as specified herein shall be considered as
included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no
separate payment will be made therefor.
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in
Section 7-1.09, "Public Safety," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the width
of the stripe plus O.b7-foot multiplied by the length of the stripe. The space between double traffic stripes will be
measured as painted traffic stripe. Quantities of pavement markings removed will be determined by the actual size
of the rectangle measured in square f eet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area
of authorized stripe removal.
~ The contract unit price per square foot for Striping and Marking Removal shall include full compensation
for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing
striping and marking as shown on plan and as directed by the Engineer.
7-1.08 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside signs shall conform to City Standard T-19. Where sign posts are placed within
concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be
permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat
finish as directed by the Engineer. Signs shall be installed as shown on the plans. Sign panels shall be
mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal. Roadside signs
installed per Std. T-19 shall be located within sidewalk b" from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
Warnin ag nd Regulatory signs panels shall be mounted on posts with Hawkins M2G series bolt and vandal
proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6"
from back. Signs mounted on signal or other poles shall be attachedwith stainless steel strap and vandal
proof bolt ,and nut assembly.
MEASUREMENTAND PAYMENT. Miscellaneousroadside signs shall be paid for at the contract per unit
for install roadside signs (GSP Post).
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign
(GSP Post).
7.1.09 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56,
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"Signs," of the Standard Specifications and these special provisions.
Non-illuminated street name signs will be furnished and installed by City of Bakersfield using mast-arm
hanger methods such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptable
equal.
Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall be furnished and
installed by the Contractor in accordance with the plans and these special provisions. Compensation for overhead
signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon,
or combination thereof and no additional compensation will be allowed therefor.
7.1.10 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement markings shall be thermoplastic and shall conform to Section 84-2, "Thermo lasticTraffic Stri es and Pavement Ma "
p p rkings, of the Standard Specifications, and these special provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
~ The thermoplastic materials shall conform to State Specification8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Striping Detail specified. Striping
Details are referenced in the bid items, the plans and the Standard Plans.
7.1.11 SAWCUT ASPHALT CONCRETE PAVEMENT. Where new asphalt concrete is to conform to
existing asphalt concrete, the existing asphalt cancrete 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 far 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.
7-1.12 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15,
"Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Butied 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, "Dis osal of Material
' ~ Outside the H' w " ' ' p igh ay Right of Way, of the Standard Specifications.
MEASUREMENTAND PAYMENT. Full compensation for conforming to the requirementsof this article
shall be considered as included in the various items of work and no additional compensation will be made
therefor.
7-1;13 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.
7.1.14 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 b the Contractor shall include but shall not be limited Y ~ to the following:
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1. Water shall be applied to all unpaved areas as required to prevent the surface from
becomin d enou h to ermit dust formation. g rY g P
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.
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.
7-1.15 RELOCATE EXISTING MEDIAN NOSE. Existing median nose shall be demolished and a new
median nose constructed where shown on the plans. The construction of a new median nose shall conform to
the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. The street shall be patched as per C.O.B. Standard S-6 and these special provisions.
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PAYMENT. Full compensation for demolishing the existing median nose, constructing a new
median and patching the ..pavement will be considered as included in the lump sum price for traffic signal
modification and lighting system and no additional compensation will be made theefor.
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SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
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7.2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 8b-2.03, "Foundations," of the Standard Specifications and these special provisions.
~ 'j , 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 8b-2.03,
"Foundations", shall be amended to read:
When foundations are to be abandoned, the top of foundation; anchor bolts, and conduits shall be
removed to a depth of not less than 3-feet below the 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 trenchA methods.Installation using
jacking or drilling shall conform to Section 8b-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 trench shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with
a one (1) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet
of the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced
from commercial quality paving asphalt and aggregates.
3. Prior to spreading 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 surf ace will be allowed on the top 0.20 feet until such a
time as the permanent asphalt surface is placed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of
construction, the Engineer may specify which of the above methods maybe 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.
x 7.2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 8b-2.09, "Wiring," of the Standard Specifications and these special
provisions.
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j ~ Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile
iron.
7.2.08 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05,
"Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
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 1J8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
polycarbonate plastic; 3/16 inch nominal thickness hammered wire-glass; or 3/16 inch nominal thickness
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 ro erl su ort the luminous tubin and ower su lies. p P Y pp g P pP
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.
7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage
as shown on the plans.
An in-line f use shall be located in the pull box.
• 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in
Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and theses ecial rovisions. p p
Each luminaire shall be provided with a Type IV photoelectricalcontrol. Internally illuminated street
name signs will be controlled by a single Type V photoelectrical control located in the service pedestal.
7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the
controller and cabinet assembly for each location. The central pad on the Foundation Detail in State
Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12".
7-2.12. AUTOSCOPE. Vehicle detection at this location will be by Autoscope 2003, Machine Vision
Vehicle Detection System which will be provided by the City.
City furnished video cameras will be installed by the contractor.
Camera video cable ERG-59/U, Belden #8281) is provided by contractor and shall run continuous from camera
pigtail connection to signal controller cabinet. Camera video and power cords shall enter luminaire arm using
engineer approved crimp-type BNC connectors such as Amphenol 31-71032 and shall utilize a drip loop.
Connectors should be installed using Amphenol CTL-2 Crimping Tool. Weatherproof connections shall not
25
i
I
be at bottom of drip. loop. Connections at cameras shall be appropriately wrapped and weatherproofed. w~:
"I
7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form
~ ~ attached, uaranteein all stems, exce t Autosco a and traffic si al Iam s installed under this contract for a g g sY P P ~ P
period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be
~ filed with the City before notice of completion and final acceptance is made by the City of the work described
on the plans and these special provisions.
7-2.14 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation. for cast-in-drilled hole concrete pile foundations shall be considered as included in
the contract lump .sum price paid for the Traffic Signal and Lighting System and no separate payment will be
made therefor.
7-2.15 TRAFFIC SIGNAL INTERCONNECT.
Signal Interconnect Cable shall be twelve conductor cable conforming to the provisions in Section
86-2.08E, "Signal Interconnect Cable," of the Standard Specifications and these special provisions.
PAYMENT. Full com ensation for installin Traffic Si nal Interconnect includin conduit wirin and P g g g ~ g
pull. boxes will be considered as included in the prices paid per lineal foot of Traffic Signal Interconnect, and no separate payment will be made therefor.
,
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. • ,r : i.: ~ at ~ ~ rpo Z'Ar►cnte surfoCin~ sh~oll d! mrxld with lii. yam{//y~~ 11 :+i.r.~~ +.~~or
ti .Select ~lohral ~ Pbtches less tha► 2 /eel from (l1 ~eq~►rrd1 g e~riltin9 potchls, edges of povlmert, Or Qrr1/M sll0ll b! !xtlrrdld /0
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PAVEMENT PATCHES `""'~a~
K.~.. Nine .
CITY OF BAKERSFIELD
t~_~, _ CALIFORNIA _ _
a~r~iHO otr~trR
SW-3
PROposAL
FOR
TRAF]~IC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON CALIFORNIA AVE. AT H ST.
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only, persons or parties interested in this proposal as
principals are those named herein; that this proposal is made without collusion with any other person, firm or
corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of
contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary
machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in
accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of
Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the
requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or
lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for
signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City of
Bakersfield.
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION No. QUANTITY MEASURE (in figures) PRICE
(in figures)
1. 800 SQFT Striping. & Marking Removal
2. 740 SQFT Pavement Marking (yellow)
3. 1 LS Traffic Signal and Lighting System
Page 1 of 2
27
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in Figures) PRICE
(in figures)
4. 1055 LF Traffic Signal Interconnect
conduit and cable
Bidder acknowledges. receipt of the following addendum: Clearly list any and all addenda numbers received on this project, above and on the lower left hand
corner of the sealed bid return envelope.
SIGNED TOTAL BID S
Bidder
Company
Address
P.O. Box
City State Zip Code
( )
Area Code Telephone Number
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE .MADE UNDER PENALTY OF PERJURY
. - Page 2 of 2
J: 28
The Extension Price has been calculated by multiplying the Estimated Quantity b the Unit Price. . In the case of lump sum items, the Estimated Quanti shall be unit y
ry y. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension
Price(s) and/or the Bid Total, the Unit Prices} shall prevail, and the bid submitted shall be the correctl com uted
sum of all correctly computed Extension Prices, rovided however if the amou y p P ~ nt set forth as a Unit Price is
unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to
determine the correct Unit Price in accordance with the following:
(1} As to lump sum items, the amount set forth in the Extension Price column shall
be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column shall
be divided by the estimated quantity for the item and the price thus obtained
shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties. submitting a bid proposal. on the project shall complete the following form, settin forth the
name and the location of the mill, shop or office of each subcontractor who w' g ill perform work or labor or render
service to the Contractor in or about the construction of the work or improvement in excess of one-half of one
(1%} percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000 , whichever is eater and the ortion of thew ) ~ ' p ork which will be done by each subcontractor. This list is to be completed and submitted
with said bid proposal.
Subcontractor's Name Description of ortion
and Street Address Cit State Zi p of work subcontracted
(attach additional sheets if needed)
29
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON CALIFORNIA AVE. AT H ST.
t State of California }
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 f alse 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 th~e~ bidder-~or ~ -
any other bidder or to Fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or
to secure any advantage. against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid "
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this_day of ,19
To the State of California, Department of Transportation.
30
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 710b)
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 anv other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative 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 Noncollusion 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
r, (NOTICE: Insert the words "cash ($............),""cashier's check," "certified check," or "bidder's bond," as the case may be),
in amount equal to at least ten percent of the total of the bid.
The names of ail persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the
president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of
all individual copartners composing firm; if bidder or other interested person is an individual, state first and last
names in full. .
...................................................................................................................................................................:.....................................1.......
Licensed. in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
~10TE--If bidder is a corporation, the legal name of the corporation shall be set forth above to ether with the si ature of the g gn
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 l~
behalf of the .copartnership; and if bidder. is an individual, his signature shall be placed above. If .signature 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 Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized. .
Business Address
Telephone No.
Place of Residence
{
Dated 19.....
v
32
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body
olitic 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 and if the above
under principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to
onstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ays (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 WITNESS WHEREOF, we have hereunto set our hands and
eals this day of ,19
(Seal
(Seal
(Seal
Page 1 of 2
33
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of , 19 ,before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto as surety, and his own name as Attorney in Fact.
IN HESS 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
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY aF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION ON CALIFORNIA AVE. AT H ST.
awarded on ,.between the City of Bakersfield (hereinafter referred to as the City}, and the undersigned, which contract provides for the installation of l~htin~ and/or traffic signal 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
GUARANTEE
MATERIAL AND WDRI~MANSHIP
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 AND LIGHTING SYSTEM MODIFICATION ON CALIFORNIA AVE. AT H ST.
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
HOLD HARMLESS AGREEMENT
- CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless
the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys
fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for
damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or
persons, or on account of damage to property arising out of or in consequence of
(Agreement name)
IT IS FURTHER UNDERST~~D AND AGREED that 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
SAMPLE SAMPLE
t TRAFFIC SIGNAL AND LIGHTING SYSTEM MODIFICATION
ON CALIFORNIA AVE. AT H ST.
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~ITNESSETH:
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
S. Performance Bond
6. Material and Labor Bond .
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in
this contract.whether actually inserted or not. 9. Hold Harmless Agreement
10.Current ~PWI (if required by Specifications)
_1_
38
IN ~'VITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the
day and year first-above written.
CITY OF BAKERSFIELD
By
Mayor
(NAME OF CONTRACTOR)
By
Contractor
APPROVED AS TO FORM:
By
City Attorney
COUNTERSIGNED:
By
Finance Director
-2-
39
[To be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owneru,
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option
to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld. by Owner
pursuant to the Construction Contract entered .into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as .the
"Contract"}. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall
notify-the Owner within ten (10) days of the deposit. The market value of the securities at the time ofthe 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. 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.
fi. 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 pa ments of Y fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections
~4j 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 res ective si natures p g ,
are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address ~ Address _2_
,,y.
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 Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set
forth above.
Owner Contractor
Title Title
Name ~ Name
Signature ~ Signature _3_
42
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 NAME OF CONTRACTORS , a corporation organized and doing
business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract
for the (PROJECT DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for
the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANI~, as Surety, are held and firmly bound unto the Owner in the sum of (100% OF AMOUNT
AWARDED AT COUNCIL MEETINGS lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and, faithfully perform the covenants, conditions, and agreements in the said contract and any
alterations made as therein provided, on his or their part, to be kept and performed at the .time and in the manner
. therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save
harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become nul! and void;
~~otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this
bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one ~1) year after the completion and acceptance of
the said work, during which time if the above .mentioned Principal, his or its heirs, executors, administrators,
.successors, or assigns shall fail. to make full, complete, and satisfactory repair and. replacements or totally protect
the said Owner from loss of damage made evident during said period of one year from the date of acceptance of
said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the
work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any
obligation of the Principal remains.
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 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,
43
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
MATERIAL -LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on DATE OF COUNCIL MEETING} ,awarded to
(NAME OF CONTRACTORS
hereinafter designated as the "Prin.cipal," 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 its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will .
pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANY) , as Surety, are held and firmly bound unto. the Owner the penal sum 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 by these
presents,
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and
performed at the time and in the .manner therein specified, and in ali respects according to their true
intent and meaning, and shall indemnify and save harmless,. the Owner, its officers and agents as
therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in
full force and virtue and Principal and Surety, in the .event suit is brought on this bond, will pay to the
Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in the said amount shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his _or its heirs, executors, administrators, successors,. or assigns shall fail to make full, complete, anal satisfactory
repair and replacements or totally protect the said Owner from loss of damage made evident during
said period of one year from the date of acceptance of said work, and resulting from or caused by
defective materials and/or faulty workmanship in the prosecution of the work done, the above
obligation in the said amount shall remain in full force and effect. However, anything in this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so
long as any obligation of the Principal remains.
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 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
(Sealy Signature for Principal Title
~J f~-.
Surety
Seal} ~ Si nature for Sure Title
g tY
Attach notarization form for each required signature.}
Page 2 of 2
4b
t~~~is form should be sent to the Joint Apprenticeship Committee
of th,e craft or trade in the area of the site of the` public work. If you have any questions as to the address of the appropriate PUBLlC WORKS
Joint Apprenticeship Committee, contact the nearest office of CONTRACT AWARD INFORMATION
he Dlv~slon of Apprenticeship Standards (DAS). Consult your alephone directory under California, State of, Industrial
Relations, for the DAS office in your area.
NAME OF CONTRACTOR ` CONTAACTOAS STATE LICENSE N0.
II
CONTRACTORS MAUNG ADDRESS - NUMBER b S?RE~T, Cf TY, ZIP CODE AAFA CODE b TELEPHONE NO.
NAME b LOCATION OF PUBUC W04~(.S PROJECT ~ DATE OF COM'RACI AWAAO
GATE OF ExPECTED OA ACTUAL START OF PROJECT
NAME b ADDRESS OF PI~UC AGENCY AWARDING CONTRACT ~ ESTIMATED NUI~EA OFJOURNEYMEN HOUaS
APPRENTICES
' OCCUPATION OFAPPAENTICE ~ NUI~ERTO BE EMPLOYED ~ APPAOXWlATE DATES TO BE EMPLOYED
Check One Of The Boxes Below:
Box 1 We request dispatch of apprentice(s) for this job. We voluntarily choose to comply with the applicable Joint
Apprenticeship Committee Standards for the duration of this job only, ~n training the apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws.
Box 2 We request dispatch of apprentice(s) for this job. We da not wish to follow the applicable Joint
a . Apprenticeship Committee Standards ~n training the apprentices; ~nsiead, we agree to employ and train-
apprentice(s) in accordance with .the California Apprenticeship Council regulations governing employment of
apprentices. on public work projects. We assume no other obligations to the committee or unions under
State or Federal Paws.
Bax 3 We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will employ and train under the Standards.
Box 4 We do not request the dispatch of apprentice(s) since apprentices are riot required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signature
i Typed Name - - - - -
Title Date
-S-to-~t~_ -trf C~1tfQrfl-ia - Dip-a-r~m~e-nt ~f lr~d-u~-tr+a~l- R-ef-ati-ons
OAS 140 {New vso~ DIVISION OF APPRENTICESHLP STANDARDS
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