HomeMy WebLinkAbout1995 Special Provisions Project 41001COPY NO.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL AND LIGHTIl~TG SYSTEM ON
EAST BRUNDAGE LANE AT OSWELL STREET
BID OPENIlVG:
DATE: June 21, 1995
TIlVIE: 11:00 A.M.
PROJECT NO.41001
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DEPARTMENT OF PUBLIC WORKS ct~@ Q p, cf F~~~
CITY OF BAKERSFIELD p~,
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301 ~ w
Telephone: (805) 326-3724 N ,
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
` 'NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer,
City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on June 21, 1995 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET
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 g~iarantee 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 perforniance 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 aid open for inspection at the
City of Bakersfield, Department of Public Works, 1501 Tn~xtun Avenue, Bakersfield, California.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic signal and lighting system, pavement
widening and striping changes.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
" IIEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as the same may apply, which specif cations 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 of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents
acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials and work involved in the
contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business, Transportation and Housing Agency, dated July, 1992.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not
apply to this contract.
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
' 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will
receive at her office, City Ha11,1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M, on June 21, 1995 sealed
proposals for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and
materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of
Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work
that may be deemed necessary or expedient by the Engineer,
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefiilly .the site of work, the proposal, plans and specifications, and
contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the
requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a
proposal shall be considered prima facie evidence that the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices
obviously are unbalanced may be rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals
must give the prices proposed and must be signed by the .bidder, with his address. If the proposal is made by an
individual, his name, 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 112 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. .
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. 2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in
the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications ~ .
shall be of the same effect as if shown or'mentioned in both,
Omissions from the drawings or the specifications of the materials or details of work which are manifestly
or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or
performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time
fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing
Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid
does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in
the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time ftxed in the public notice for the opening of bids,
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time
and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections
5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the
opening of the bids of the alleged. mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section I0285.1(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
federal antitrust law in connection with the bidding upon, award of, or performance of, any
public works contract, as defined in Section 1101, with any public entity, as defined in Section
1100, including for the purposes of this article, the Regents of the University of California or the Trustees of .the California State University. A state agency may determine the eligibility of
any person to enter into 'a contract under this article by requiring the person to submit a
statement under penalty of perjury declaring that neither the person nor any subcontractor to be
engaged by the person has been convicted of any of the offenses referred to in this section
within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable
grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more
than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm,
partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among
the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected.
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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 the Contractor for such further bond or bonds or
additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work
remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the
Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and
returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the
City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of
Bakersfield, California.
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, TIME OF COMPLETION AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of
Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications,
and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is
amended to read:
The Contractor shall begin work within fifteen (15) days after receiving
written notice to proceed. The Contractor shall diligently prosecute the same
to completion before the expiration of forty-five (45~ 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.
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.
SECTION S -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 203 96 of the Public Contract Code. In
the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form
(although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an
amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds
twenty-five percent (25%} of the original contract amount, must be authorized by the City Council.
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5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the
following paragraph after the fourth paragraph;
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation from a straight grade, and in case any such discrepancy exists, it must be reported to the
Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any
error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to
read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in
writing a reasonable length of .time in advance of starting .operations that require such stakes or marks. In
no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section S•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 PREVAII.ING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor
shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and
that said record shall be kept open at all reasonable hours for inspection pursuant to Section .1812 of the Labor Code.
The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The
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.
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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.OlA(3), "Payroll Records," of the
Standard Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-I.OIA(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.OlA(S), "Apprentices," of
the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code
Sections, .1777.5,1?77.6, 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 WORxS." This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the
Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of Industrial
Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division, within two (2) working days following the bid opening.
5+1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which
provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of
shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of
the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been
approved by the City Engineer.
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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.
R ~
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.
e
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,OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall
not exceed 8b 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 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from -any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business
license in the City of Bakersfield.
5-1.11 WORxING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30
P.M. Monda~r through Friday. 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, ~~vhich requires inspection services for more than an eight (8) hour work day, or on holidays or weekends, the Contractor will be charged for all .associated overtime charges and said charges may be
withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED, The Contractor shall keep himself fully informed of all existing
and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any
manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the
conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this
contract until he has obtained all insurance required under this section and the required certificates of insurance have
been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor
allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and
approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies.
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5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or
• expenses in law 'or equity that may at any time arise from or related to any work performed by the
Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute
and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of
which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this
agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with limits of not less than one
million ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including death,
of one or more persons, properly damage and personal injury, wiih limits of not less than one million
($1,000,000) per occurrence. '
The liability policies shall provide contractual liability coverage for the terms of this agreement.
The liability policies shall contain an additional insured endorsement in favor of the City, its mayor,
council, officers, agents, employees and volunteers;
Workers' compensation with statutory limits and employer's liability insurance with limits of not less
. than one million ($1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the 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 thirty (30) days written notice of cancellation or material
change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided by or on
behalf of the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid, and no
additional allowance will be made for additional costs which may be required by extension of the
insurance policies.
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5-1.14 CONTRACTOR'S AUTHORITY. At the pre-construction 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 ?-1.165,
"Dania a by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to g
this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and
Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City.
The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the
Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper
quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in
and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in
such notice, the City Council in any such .case shall have the power to suspend the operation of the contract. Upon
receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council
may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its
duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary
workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the
Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. An excess of cost arising therefrom over and above the contract price will be charged against the Contractor
Y 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
o erations of the contract and the completion of the work by the City as above provided, and the Contractor will be so p
credited with any surplus remaining after all just :claims for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the contract
as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the
contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other
conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem
necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the
work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in
writing by the Engineer.
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5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," .and 9-1.07,
"Payment After Acceptance," of"the Standard Specifications and these special provisions,
No partial payment will be made for any materials on hand which are furnished but not incorporated in
the work,
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part
of any certificate for payment, to such extent as may be necessary to protect the City from loss due to
causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, 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 amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after
deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under. the
provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate
and payment. The final payment shall -not be due and payable until the expiration of thirty (30) days from the date the
"NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after 'execution and return by the
Contractor of the attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under
the contract except-the final certificate or final payment, shall be conclusive evidence of the performance of the contract,
either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an
acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract, and the
adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or
any alteration thereof.
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c
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following
paragraphs of the Standard Specifications is replaced with the words "unit price" : ~ .
' ~ Third paragraph of Section 18-1.05, PAYMENT .
Fourth paragraph of Section 24-1.11, "PAY1v.~NT".
Eleventh paragraph of Section 39-8.02, "PAI'MENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and
subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project.
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of
the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the
work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites
used b the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Y
Specifications .and these special provisions. All provisions for water pollution, and sound control that apply within the
limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time
of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a
source of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority
Navin 'urisdiction or from the appropriate pollution control boards and such permits contain requirements which gJ
conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the
Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this
section shall be considered as included in the contract prices paid for the items of work which require the use of the sites
and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of
Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior
to sampling and testing, if accompanied by a Certificate of Compliance.
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SECTION 7. CONSTRUCTION DETAILS
R ~ ~
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 initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with
cardboard or other material with an observation hole (max. 1" dia.} in front of each signal indication. The covers shall
remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place.
7-1.02 RELATIONS WITH KERN COUNTY. The City has been issued a permit for work within the
County right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name.
The Contractor shall comply with all the provisions of said permit.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid .for the various items of work and no additional compensation will be allowed therefor.
7-1.03 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 may be engaged in moving or removing
utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such
forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly
located on the plans will not be compensated for as idle time. However, additional contract time commensurate. with
such delays may be allowed.
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.
15
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.
Attention is directed to the fact that nuisance water maybe present at all times along the project. It will
be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be
considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor,
7-1,04 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 `yarning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of
Work Upon Highways," published by the State of California, Department of Transportation. Application and use of
devices shall be as specif ed and as directed by the Engineer.
The Contractor shall keep the BAKERSFIELD FIRE DEPARTMENT informed at all times as to the
exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting
equipment.
The .sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard
Specifications, shall be amended to read as follows:
Construction operations requiring lane closures shall be actively in progress only between the hours
indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
EAST BRUNDAGE LANE BOTH 8:30 AM - 4:30 PM
OSWELL STREET BOTH 8:30 AM - 4;30 PM
Where construction operations are actively in progress, a minimum of one traffic lane shall be open for use by
public traffic. Where construction operations are not actively in progress not less than two 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
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duties shall consist of directing the movement of public traffic through or around the work. When deemed
necessary by the City, the signs ".Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least
48 hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for various items of work and no additional allowance will be made therefor.
7.1.05 TRAFFIC DELINEATION. Immediately after any construction where delineation is obliterated or
when directed b the Engineer, replace all obliterated pavement delineation with temporary delineation during the same Y
work period, and in no case later than 7:30 AM following such work period.
Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor
less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on curves. Apply reflective traff c line tape in accordance with the manufacturer's instructions. Temporary delineation must be the same
color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic
emulsion tack coat 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.
7-1.06 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing
facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications
and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to
construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City
Corporation Yard at 4101 Tnixtun 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 allowance will be made
therefor.
7-1.07 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement
markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by any
method that does not materially damage the surface or texture of the pavement or surfacing, Where blast cleaning is
used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material
from the blasting operation is allowed to enter the area that is open to public traffic. Sand or other material deposited on
the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will
not be permitted.
17
Traffic stripes shall be removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement
markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old
message cannot be identified,
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance with
the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to
irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traff c 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 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured
as painted traffic stripe. Quantities of pavement markings removed will be determined by the actual size of the
rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area of
authorized stripe removal.
The contract unit price per square foot 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
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 6" from back. Signs mounted on signal or other poles shall be .attached with stainless steel strap and vandal proof bolt and nut assembly.
Warning and Regulator~si~ns 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 attached with stainless steel strap and vandal proof bolt and nut assembly.
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for Roadside Sign (GSP Post).
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP
Post).
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7-1.09 INSTALL ROADSIDE SIGN PANELS ON EXISTING POSTS. Roadside sign panels shall be installed on existing posts at the location ..shown on the plans or where directed by the Engineer and in conformance
with the provisions in Section' 56-2.04; ".Sign Panel Installation," of the Standard Specifications and these special
provisions.
Sign panels shall be furnished by the Contractor,
Sign panels shall be mounted on existing posts with Hawkins M2G series bolt and vandal proof nut assembly
or equal.
MEASUREMENT AND PAYMENT. Installing roadside sign panels on existing posts will be paid for as
units determined from actual count in place.
The contract unit price paid for install roadside sign panel on existing post shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing roadside sign panels on existing posts, complete in place, as shown on the plans, as specified in the Standard
Specifications and these special provisions, and as directed by the Engineer.
7-1.10 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56,
"Signs," of the Standard Specifications and these special provisions.
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.
7-1.11 INTERNALLY ILLUMINATED STREET NAME SIGNS. Internally illuminated street name signs
shall conform to the provisions in Section 86-6.065, "Internally Illuminated Street Name Signs," of the Standard Specifications and these special provisions.
Internally illuminated street name signs shall be furnished and installed by the Contractor and shall be Type A
-signs per Caltrans Standard Plan ES-33 with single Type V photoelectric control to control all signs per Section 86-
6.07, "Photoelectric Controls," of the Standard Specifications.
Internally illuminated street name 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 internally illuminated street name signs shall be considered included in the respective contract lump
sum price or prices for traffic signal and lighting and no additional compensation will be allowed therefor.
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 Buried Man-Made Objects,"
of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of
Material Outside the Highway Right of Way," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this article
shall be considered as included in the various items of work and no additional compensation will be made therefor.
7-1.13 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement markings shall
be painted and shall conform to Section 84-3, "Painted Traffic Stripes and Pavement Markings," of the Standard
Specifications, and these special provisions.
19
MEASUREMENT. Traffic Stripes tivill be measured by the lineal foot of Striping Detail specified. Striping
Details are referenced in the bid' items, the plans and the Standard Plans.
7-1.14 PAVEMENT MARKERS. Pavement Markers shall conform to Section 85, "Pavement Markers", of
the Standard Specifications and these special provisions.
Existing pavement markers shall be removed and new markers shall be placed in accordance with the State Traffic Manual "Markings" Section per the following details enclosed within these specifications, as they apply to
existing striping.
Detai122
Detai138
Pavement markers shall be Stimsonite Model 948 Glass Faced Pavement Marker or equal and they shall be in
accordance with the State Specifications.
Pavement markers shall be cemented to the pavement surface by hot melt bituminous adhesive.
PAYMENT. Pavement markers shall be included in contract price per lineal foot of various Striping Details,
specified as bid items, and on the plans, and no additional compensation will be made there for.
7-1.15 SAWCUT ASPHALT CONCRETE PAVEMENT. Where new asphalt concrete is to conform to
existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation
operations.
The- Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut
pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start
of paving operations.
Full compensation for conforming to the requirements of this article shall be considered as included in various
items of work and no additional allowance will be made therefore.
7-1.16 ASPHALT CONCRETE. Asphalt concrete shall be Type B and shall conform to the provisions in Section
39, "Asphalt Concrete," of the Standard Specifications and these special provisions.
Aggregate for Type B asphalt concrete shall conform to the requirements for 314 inch maximum, medium grading, as specified in Section 39-2.02, "Aggregate", of the Standard Specifications.
When directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2.02,
"Aggregate," of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers
of asphalt concrete are being constructed.
Asphalt concrete "Type B" shall have a bituminous binder of paving grade asphalt of AR 4000 viscosity grade, unless otherwise directed by the Engineer, and shall conform to the requirements shown in the table for "Steam-Refined
Paving Asphalt" in Section 92 of the Standard Specifications.
If the fuiished surface of the asphalt concrete does not meet the specified surface tolerances, it shall be brought
within tolerance by either (1) abrasive grinding with equipment utilizing diamond blades (with fog seal coat on the areas
which have been ground), (2) removal and replacement, or (3) placing an overlay of asphalt concrete. The method will be
selected by the Engineer. The corrective work shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either Asphalt Rejuvenating Agent or Asphaltic Emulsion as directed by the Engineer.
If abrasive grinding is used to bring the finished surface to specified surface tolerances, additional grinding shall be
performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a
20
constant offset from, and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline, within any ground area. All ground areas shall be neat
' rectangular areas of uniform surface appeat'ance. Abrasive grinding shall conform to the requirements in the first paragraph
and the last 4 paragraphs in Section 42-2.02, "Construction," of the Standard Specifications.
Where the compacted thickness is 0.15 foot or less, half width surfacing operations shall be conducted in such a
manner that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be greater than
can be completed in the following day of normal surfacing operations. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper, or other
approved bond breaker, may be placed under the conforms to facilitate the removal of the conforms when paving operations
resume.
where the compacted thickness is more than 0.15 foot, the Contractor shall schedule his paving operations such that
each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work
shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 feet. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane and along the exposed
longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other
approved bond breaker, may be placed under the conform feathers to facilitate the removal of the feathers when paving
operations resume.
The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid
tracking binder material onto existing pavement surfaces beyond the limits of construction.
A prime coat will not be required on subgrade prior to placement of asphalt concrete.
Intersections and tapered shoulders shall be surfaced as directed by the Engineer. At road connections and private
drives, shown on the plans and as directed by the Engineer, additional asphalt concrete surfacing material shall be placed and
hand raked, if necessary, and compacted to form smooth, tapered connections.
7-1.17 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of the
Standard Specifications and these special provisions.
Section 4-1.05. "Use of Materials Found on the Work," of the Standard Specifications shall be amended to
read as follows:
Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the
Contractor, with the approval of the Engineer, may use in the proposed construction such stone,
gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation.
The Contractor will be paid for the excavation of such materials at the contract price for such
excavation, but he shall replace at his expense with other suitable material all of that portion of the
material so removed and used which was contemplated for use in the work. The Contractor shall not
excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.
It is anticipated that there will be cubic yards of surplus material which shall become the property of the
Contractor and shall be disposed of outside of the highway right of way in .accordance with the provisions of Section
7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications.
When asphalt concrete is to be placed on the grading plane, the grading plane at any point shall not vary by
more than 0.05-foot above or below the grade established by the Engineer.
Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not apply to
this contract.
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. The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95
Percent)," of the Standard Specifications are amended to the limits shown on the plans and typical cross. sections and ' shall be determined by: California Test Methods 216 or 231, or ASTM (current edition) D1557 and one of the
following D2922 or D1556. The subgrade must be smooth, uniform and true to the required grade.
The estimated quantity of roadway excavation shall be a final pay quantity in conformance with Section 9-
1.015 "FINAL PAY QUANTITIES" of the standard specifications.
7-1.18 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22,
"Finishing Roadway," of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description," of the Standard
Specifications, the following shall apply:
The Contractor shall remove, from all affected areas, whether inside or
outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's
operations.
The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove
the excess andlor objectionable material from the affected areas. However, in residential areas, when a broom is used,
a self-contained, pick-up type, power broom with water distribution system shall be used.
PAYN~NT. The first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended
to read:
Full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in finishing the entire project,
including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized intersections, whether inside or outside the highway right of way,
and all other areas, whether inside or outside the project limits, affected by public
traffic or by the Contractor's operations, all as shown on the plans, and as specified
in .the Standard Specifications and these special provisions, and as directed by the
Engineer, shall be considered as included in various items of work and no
additional compensation will be made therefor.
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of
the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for foundations..
7-Z.02 CONDUIT, Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard
Specifications and these special provisions.
Conduits maybe installed by either jacking/drilling or open trench methods except where a specific method is
required on the plans. "Trenching in Pavements Method" for installation of conduit in pavement, except in paved
medians, 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
22
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. ~ . ~ ti a
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a one (1)
sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement
surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial quality
paving asphalt and aggregates.
3, Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete
shall be performed by any method which will produce an asphalt concrete surface of uniform smoothness,
texture, and density.
4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary roadmix
or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the
pern~anent asphalt surface is placed.
Conduits installed under sidewalk shall be jacked or drilled. Remove and replace complete sidewalk panels to
nearest seam or scoreline if pits in sidewalk area for jacking/drilling are necessary. Removal and replacement of entire
sidewalk area for jacking/drilling is also allowed.
.Depending upon adverse soil conditions or other circumstances encountered at the time of construction, the Engineer may specify which of the above methods may be used.
7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the
Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section
86-2.08, "Conductors," and Section. 86-2.09, "Wiring," of the. Standard Specifications and these special provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except
lighting, camera detection and between the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13.
Splices shall be insulated by "Method B."
23
7-2,05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "Service", of the Standard
Specifications and these special provisions.
Unless otherwise noted, service pedestal shall be Type IIIBF, per Caltrans Standard Plan ES-2E, with window
for photoelectric unit, and shall be furnished with 70 amp, 240 volt, 3 pole main breaker and the following branch
circuit breakers:
No. Amps Phase Volts Branch Metered
1. 50 1 110 Traffic Signal Yes
2. 20 1 ~ 110 Lighting No
3. 15 1 110 Internally Illuminated Yes
Street Name Sign
The Engineer will arrange with the serving utility to complete service connections to service points shown on the
plans and will pay all required costs and fees required by the utility.
7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86-2.14C
"Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in
SECTION 4, "BEGIrJNING OF WORK, TIlv1E OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7-2.07 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as
shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal
Faces," 86-4.02, "Directional Louvers," 86-4.0.3, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications and these special provisions.
Housing, visors, directional louvers and Backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor,
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze orhot-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.
24
The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned polycarbonate . ' plastic; 3116 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 properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with a
power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 ± 1 Hz.
Each symbol shall be not less than l l inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.058, "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 200-watt, high pressure sodium lamps and integral ballasts.
An in-line fuse shall be located in the pull box
7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section
86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectric control, Internally Illuminated Street Name
Signs shall be controlled by a single Type ~ photoelectric 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. S" to a height of 12".
7-2.12. DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard
.Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-5.01 A (4), "Construction Materials,"
of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be soldered
and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end
with no .possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to
the conductor.
25
Loop detector lead-in cable may be Type D where shown on Plans or at the discretion of the Contractor, and shall
conform to the following: .
Type Dlead-in cable shall consist of 4 No. 18 stranded copper conductors with color coded polypropylene
insulation (red-green and black-white). The conductors shall be twisted together with 6 turns per foot and protected with
an aluminized polyester shield. The cable shall be provided with a high density polyethylene outer jacket with a nominal
thickness of 0.032-inch. An amorphous interior moisture penetration barrier shall be provided. The 4-conductor cable
shall be less than 114" in diameter. Splices in the loop detector lead-in cable will not be permitted unless indicated on
the plans.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5),
"Installation Details," of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming
to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 112 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall
be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
1. An elastomeric sealant conforming to Section 86-S.OIA (5) of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (5) of the Standard
Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L,
8J8U, 3I5U, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or
approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the
date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of
completion and final acceptance is .made by the City of the work described on the plans and these special provisions.
7-1.14 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 Traffic Signal and Lighting System and no separate payment will be made therefor,
7-2.15 TRAFFIC SIGNAL INTERCONNECT CONDUIT
Conduit for future Signal Interconnect shall be furnished and installed at locations as shown on the plans.
PAYMENT. Full compensation for installing traffic signal interconnect conduit and 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.
2G
8040-41A-15
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing
inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is
suitable for use infreeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the Invitation
to Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR.
3.0 REQUIREMENTS
3,1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be
the manufacturers responsibility toproduce aone-component product to meet the properties specified
herein.
' 3.2 Characteristics ofthe Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
27
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.2.3. Firm set time, hours, 4 maximum
test atone hour intervals, use ASTM D2939
3.2.4 Brookf eld viscosity, Poise 50 to 125 RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks constant weight at 75 5 deg.F. and 50 +l-
10%relatwe humidity. Condition mandrel and
specimens 2 hours at 75 Z deg.F, before test.
Use aluminum panels, 0.03 inches thick
(Q panel or equal).
3.3.2 Tensile Strength, psi, 20 minimum cast sheets 0.25 inches thick and air dry at
75 +l- 5 deg.F, SO +/-10% relative humidity
for minimum of 16 hours. Load rate 0.05
inches/minute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 .minimum
Use California Test Method No. 434, Part VIII. Space with no loss
damp blocks with 0.25 inches between slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete.
sample, strike off the excess. Dry in 140 deg.F oven to constant weight and condition 1 day at 75 2 deg.F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering ,
Use ASTM D2939, Alternative B re-emulsification or loss of
adhesion
3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily re-dispersed with minimum resistance
to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform
product of the proper consistency. If the material cannot be easily re-dispersed due to excessive settlement as
described above or due to any other. cause, the sealant shall be considered unfit for use.
28~
f Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges
incurred in replacing material that is unfit for use. The properties of any replacement material, as
specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and
delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations. within the State of
California in effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture
and application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY
S.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall be
furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size the
containers shall be new, round standard full open head with bails, shall be non-reactive with the contents, and shall have compatible gaskets. The containers- shall comply with the U. S. Department of
Transportation or the Interstate Commerce Commission regulations, as applicable.
5.2 Marking
' All containers of material shall be labeled showing State specification number manufacturers name,
date of manufacture and manufacturers batch number.
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal
Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
29
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
6.0 NOTES
6,1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must
be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material,
pumping is not recommended. Any cleanup of road surface or tools can be done with water, before the
sealant sets.
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or
processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of
California, and its duly authorized representatives, from all suits at law or action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes.
6,3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance
with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications,
January 1988.
30
PROPOSAL .
FOR
TRAFFIC SIGNAL AND LIGH'T'ING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET
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 thi s
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 fiill 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 neces 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. 2200 SQ FT Striping & Marking Removal
2. 8 EA Remove Roadside Sign
3. 4 EA Remove Roadside Sign Panel
4. 4 EA Install Roadside Sign Panel on
Existing Post
5. 910 SQ FT Pavement Marking (White)
6. 570 LF Striping (Detai122)
7. 1570 LF Striping (Detai127A)
8. 150 LF Striping (Detail 29)
9~ 580 LF Striping (Detai138)
10. 150 LF Striping (Detail 3 8A)
11. 270 TON Asphalt Concrete (Type B)
12. 710 TON Aggregate Base (Class 2)
13. 800 CU YD Roadway Excavation
SIGNED
Bidder
Page 1 of 2
I'T'EM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in Figures) PRICE (in figures)
14. 1 LS Traffic Signal and Lighting
System
15. 380 LF Traffic Signal Interconnect
conduit
Bidder acknowledges receipt of the following addenda:
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 $
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
Page2of2
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of .
lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall
prevail, and the bid submitted shall be the correctly computed sum of .all correctly computed Extension Prices, provided, however,
if the amount set forth as a 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, setting forth the name and the
location of the mill, .shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one (1%) percent of prime Contractor's total bid, or
TEN THOUSAND DOLLARS (10,000), whichever is greater, and the portion of the work which will be done by each
subcontractor, This list is to be completed and submitted with said bid proposal.
Subcontractor's Name Description of portion
and Street Address (Gifu, State, Zip) of work subcontracted
{attach additional sheets if needed)
~ ~
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET
State of California )
)SS:
County of )
being first duly sworn, deposes and says that he or
_ Name
she is of
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder or to fix -any overhead, profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against. the public body awarding the contract of anyone interested in the proposed contract; that
all statements contained in the bid are true; and, further, that the bidder has .not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information ar 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. .
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not
made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine andnot collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder
to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, 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.
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case maybe}, in
amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IlVIPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president,
secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-
partners composing firm; if bidder or other interested person is an individual, state first and last names in full.
• ...............•................................1.......••••...•..•e..•......•.............................•.........•........•......I..... ••......1........1.............•......11..1.......•
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
HERE
Signature of Bidder
NOTE: If bidder. is a corporation, the legal name of the corporation shall be set forth above together with the signature of the
officer or officers authorized to sign contracts on behalf of the corporation; ifbidder is a co-partnership, the true name of the firm
shall be set forth above together with the signature of the partner or partners authorized to .sign contracts in behalf of the co-
partnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a
corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield .prior to opening bids or submitted with the bid; otherwise, the. bid will be disregarded as irregular and unauthorized.
Business Address
.Telephone No
Place of Residence
Dated 19.....
3b
,BIDDERS BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
a
as principal, and
as surety, are held and firmly bound
to the City of Bakersfield, a body politic and corporate of the State of California, in the sum of
dollars. (S to be paid to said City, for which payments, well and truly to be made; we bind ourselves,
ur heirs, executors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH: -
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
ONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors,
dministrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements
orementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date
f a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void,
therwise it shall be and remain in fiill force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and
eats this day of ,19 .
(Seal
(Seal)
(Seal
Page 1 of 2
37
ti ~
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 WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
Notary Public in and for said County and State
SAMPLE ~ SAMPLE .
AGREEMENT N0. _
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET
THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a a municipal corporation, referred to herein as "CITY" and ~ ,referred to herein as
"CONTRACTOR."
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of ;and
WHEREAS, CITY desires to employ CONTRACTOR to
,asset forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR
mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as:
The scope
of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to
perform, whether specifically included in the scope of work or not.
The following shall be deemed to be part of this agreement as if fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. Performance Bond 6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this contract whether actually inserted or not.
9. Hold Harmless Agreement
10. Current State of California DAS 140 Form
(if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as
follows:
The
compensation set forth in this paragraph shall be the total compensation for the services provided by CONTRACTOR,
including all out-of-pocket costs incurred. CITY shall pay no fee other than the compensation listed in this paragraph unless
otherwise agreed to in writing by the CITY.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an
itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by
CITY to CONTRACTOR shall be made within forty-five (45) days after receipt and approval by CITY of CONTRACTOR's
itemized invoice.
4. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this
Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to
vary the terms of this Agreement.
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5. ATTORNEY'S FEES. In any action arising from or related to the terms of this Agreement, the
prevailing party shall be entitled to recover its attorneys' fees and court costs and other nonreimbursable litigation expenses,
such as expert witness fees and investigation expenses, whether or not such action proceeds to judgment.
b. LICENSES. CONTRACTOR shall, at its sole cost and eh~pense, keep in effect or obtain at all times
during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to
practice its profession.
7. LITIGATION. In the event litigation is commenced involving this contract, CONTRACTOR, at
x the request of the CITY, shall assist CITY in the litigation.
8. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal
requirements and industry standards observed by a competent practitioner of the profession in California.
9. MERGER AND MODIFICATION.. This contract sets forth the entire Agreement between the
parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by
the City Council and signed by all the parties.
10. EXHIBITS. In the event of a conflict between the terms, conditions or operations set forth herein
and those in exhibits attached hereto; the terms, conditions, or specifications- set forth herein shall prevail. All exhibits to
which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
11. CONFLICT OF INTEREST. CONTRACTOR stipulates that corporately or individually, the
firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent on the results of the studies ,prepared under this Agreement.
12. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written
notice to all other parties.
13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost,
comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement
all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force.
14. INDEPENDENT CONTRACTOR This Agreement calls for the performance of the services of
CONTRACTOR as an .independent contractor, and CONTRACTOR will .not be considered an employee of the CITY for any
purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as
forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR shall have no authority beyond that given in this Agreement to act on behalf of CITY as an agent nor to bind
CITY to any obligation not expressly authorized herein.
15. INSURANCE. In addition to any other form of insurance or bond required under the terms of this
Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits
of insurance, otherwise referred to as "basic insurance requirements":
a. 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 Dollars ($1,000,000) per occurrence; and
b. Broad form commercial general liability insurance, providing coverage on an occurrence basis for
bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and
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c. Workers' compensation insurance with statutory limits and employer's liability insurance with limits
of not less than One Million Dollars ($1,000,000) per accident.
' Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be
waived at the CITY'S sole discretion.
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.
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
The liability policies shalt provide contractual liability coverage for the terms of this Agreement.
The liability policies shall contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers.
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 shall contain the following endorsement: An endorsement providing the CITY with thirty (30)
days' written notice of cancellation or material change in policy language or terms, All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy,
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.
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and, if requested,
copies of endorsements or all insurance policies evidencing the insurance required under this Agreement. The CITY may
withhold payments to CONTRACTOR if certificates of insurance, endorsements, or copies of policies required in this
Agreement have not been provided.
Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance
otherwise required by this Agreement of the CONTRACTOR, must be declared to and approved by the CITY.
However, unless otherwise approved by the CITY, if any part of the work under this Agreement is
subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors
even if the CITY has approved lesser insurance requirements for CONTRACTOR. CONTRACTOR shall be responsible for
determining and guaranteeing all subcontractors are insured as set forth in this paragraph.
16. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers,
agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or
any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by
CONTRACTOR, CON1'RACTOR's employees, agents, subcontractors, or independent contractors or companies in the
performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a
party indemnified hereunder. Contractor's duty to defend includes the duty to pay all costs of defense including, but not limited to,
reasonable attorneys' fees.
17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and
therefore shall not be construed against any party.
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18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent by
. certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: .
CITY; CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR;
19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California.
20. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without
prior written consent of all the parties.
21. BINDING EFFECT, The rights and obligations of this Agreement shall inure to the benefit of,
and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns.
22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other
papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation,
become the property of the CITY.
23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and
documentation shall be kept at CONTRACTOR's office during .the period of this Agreement, and after the term of this
Agreement for a period of three years from the date of the final payment under this Agreement, and shall be made available to
.CITY representatives upon request at any time during regular business hours.
24. CORPORATE AUTHORITY. Each individual executing this Agreement represents and .warrants
that he/she is duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and- that this Agreement is binding upon said corporation or organization in accordance with its terms.
25. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
Is CON'T'RACTOR a corporation? Yes No
(Please check one. )
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----------000........--
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year .
first-above written, '
"CITY" "CONTRACTOR"
e
CITY OF BAKERSFIELD
By BY
BOB PRICE
Mayor
Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By
ROBERT M. SHERFY Assistant City Attorney
APPROVED AS TO CONTENT:
By
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
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GUARANTEE
` 'TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
_ Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET, awarded on
,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract
provides for the installation of a traffic signal and lighting_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 Name
Address
44
GUARANTEE
MATERIAL AND WORKMANSHIP
k
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract No. for:
TRAFIr'IC SIGNAL AND LIGI~iTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET, awarded
on ,between the City or ,Bakersfield (hereinafter referred to as "City"), and the undersigned,
which contract provides for the installation of a traffic signal and lighting_system ,and other facilities and
under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship ancUor
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
45
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 UNDERSTOOD 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
46
Y ~
INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM
AT EAST BRUNDAGE LANE AT OSWELL STREET
CONTRACT N0.
THIS AGREEMENT, made and entered into on , by and between the
CTf Y OF BAKERSFIELD, a municipal corporation, hereina~er called "City," and ,
hereinai~er called "Contractor";
WITNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
~C SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET
within the City of Bakersfield. On ,the contract was awarded to Contractor upon his properly. executed bid; and
WHEREAS, one of the conditions of said award required a formal contract to be executed by and
between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials for
within the City of Bakersfield.
ARTICLE II
The following shall be deemed to be part of this contract as if fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond 5. Performance Bond
6. Material and Labor Bond
7, Letters of transmittal, if any
8. All, provisions required by law to be inserted in
this contract whether actually inserted or not.
9. Hold Harmless Agreement
lo. Current PWI (if required by Specifications) .1.
47
IN WITNESS W~ERE4F, the parties hereto have caused this Agreement to be executed, the day and
yearfirst-above written.
CITY OF BAKERSFIELD
By Mayor
NAME OF CONTRACTOR
By,
Contractor
APPROVED AS TO FORM:
By
City Attorney
COUNTERSIGNED:
BY
Finance Director
-2-
48
[1'o be completed by the Contractor, if he elects to substitute securities in lieu of retention].
y ~
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 "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For theconsideration 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
°de osit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner p
pursuant to the Construction Contract entered into between the Owner and Contractor for TRAFFIC SIGNAL AND
LIGHTING SYSTEM. ON EAST BRUNDAGE LANE AT OSWELL STREET 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 of the substitution shall be at least equal to.the -cash amount
then required to be withheld as retention under the terms of the Contract between the .Owner and Contractor.
Securities shall be held in the name of _ _ ,and sha11 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.
49
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.
F
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents
to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner sha11 have a right to draw upon the securities in the event of default by the Contractor. Upon seven 7 da s' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
Y convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that
the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The
escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections
(4) to (6), inclusive, of this agreement and the Owner .and Contractor shall hold Escrow Agent harmless from
Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the
.Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, areas follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
-2-
50
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-
51
~ Y
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 19_ DATE OF COUNCIL MEETING, awarded to
(NAME OF .CONTRACTOR}, a corporation organized and doing business
under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a
contract for the construction of TRAFFIC SIGNAL AND LIGHTING SYSTEM ON EAST BRUNDAGE
LANE AT OSWELL STREET; 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 (BONDING
COMPANY)s as Surety, are held and firmly bound unto the Owner in the sum of
(100% .OF .AMOUNT AWARDED AT COUNCIL MEETING
lawful money of the United States, for the payment of which sum, 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 null and void; otherwise it shall be and
remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay
to the Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the
above obligation in the said amount shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory
repair .and replacements or totally protect the said Owner from loss of damage made evident during
said period of one year from the date of acceptance of said work, and resulting from or caused by
defective materials andlor 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.
52
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
(Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
53
MATERIAL -LABOR BOND
KNOW ALL MEN 6Y THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated
the "Owner," has, on 19_ DATE OF COUNCIL MEETING, awarded to
(NAME OF CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of TRAFFIC SIGNAL AND
LIGHTING SYSTEM ON EAST BRUNDAGE LANE AT OSWELL STREET; and
WHEREAS, said Principal is required to furnish a bond in connection and with said
contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, orfor 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
(BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of
dollars (50% OF AMOUNT AWARDED AT COUNCIL MEETING)lawful money of the United States, forthe 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 null and .void; otherwise it shall be and remain in full force
and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such
reasonable attorney's fees. as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1} year after the completion and
acceptance of the said work, .during which time if the above mentioned Principal, his or its heirs,
executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory
repair and replacements or totally protect the said Owner from loss of damage made evident during
said period of one year from the date of acceptance of said work, and resulting from or caused by
defective materials andlor 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.
54
~ ~ •
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
(Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
55
This form should be sent to the Joint Apprenticeship Committee
of the craft or trade in the area of the site of the public work. if
you have any questions as to the address of the appropriate P U B Ll C WORKS Joint Apprenticeship Committee, contact the nearest office of CONTRACT AWARD 1NFflRMATION
he Division of Apprenticeship Standards ~DAS~. Consuls your
alephone directory under California, Slate of, Industrial Relations, for the DAS office in your area.
NAME OF CON>'AA~CTOA CONTRACTORS STATE LICENSE N0.
CONTRACTOR'S HALING ADDRESS - NUMBER b STREET, CITY, Z1P COOS AREA CODE b TELEPHONE NO.
NAME b LOCATION OF PUBLIC WORKS PROJECT DATE OF CONTRACT AWARD
DATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME a ADDRESS OF PI~UC AGENCY AWARDING CONTRACT ESTU~MTED NU~ER OF JOURNEYMEN HOURS
APPRENTICES
' OCCUPATION OF APPRENTICE NUMBER TO 8E BNPI.oYED APPROXIMATE DATES TO 8E 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 sob only, In training the apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws.
Bax 2 UVe request dispatch of apprentice(s) for this job. We do not wish to follow the applicable Joint ❑ , Apprenticeship Committee Standards In training the apprentices; Instead, we agree to employ and train
apprentice(s~ in accordance with the California Apprenticeship Council regulations governing employment of
apprentices on public work projects. We assume no other obligations to the committee or unions under
State or Federal laws.
Box 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 not required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signature
Typed Name -
Title Date
State of California - Department of Industrial Relations
oAs Sao (New ~~so~ DIVISION OF APPRENTICESHIP STANDARDS
a