HomeMy WebLinkAbout1995 Special Provisions Project 41002COPY N0.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON
GOSFORD ROAD AT N. LAURELGLEN BLVD
BID OPENING:
DATE: February 22,1995
TIME: 11:00 A.M.
PROJECT N0. 41002
~o~ s~~~
DEPARTMENT OF PUBLIC WORK5 ~ ~e ~ . . Gy CITY OF BAKERSFIELD . ~ t~,~ ~
15 01 TRUXTUN V ~ A ENUE ,
BAKERSFIELD, CA 93301 ~ No.32300 ~
Telephone: ~805~ 326-3724
~XP~ ~
~ ~
~,q ~ IV ~ ~ ,Fo
c~~-
CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS wul be received by the City of Bakersfield at the Office of the Purchasing
Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Untu 11:00 o'clock A.M. on Fe= 22,
1995 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GOSFORD ROAD AT N. LAURELGLEN BLVD
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 wdl 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 responsi~uity for non-receipt of bids due to any delay, including but not limited to carrier delay. It
is the bidder's responsibuity to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer,
which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in
accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the
requirements of article 2-1.07 of -the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire
work described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to .the .provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing
.demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the
City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form
entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special
provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the tune 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 prevauing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevauing rates is on fde and open
for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield,
California.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic signal and lighting system.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
3
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL .PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.O1 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992;' as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the
Standard Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
.the intent and meaning shall be as follows:
City - City 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.
4
SECTION 2.
PROPOSAL REQUIREMENTS
2.1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, w01 receive at her office, City Hall, 1501 Truxtun Avenue, in said City, unti711:00 o'clock A.M. on
Fe= 22 1995 sealed proposals for:
TRAFFIC .SIGNAL AND LIGHTING SYSTEM ON GOSFORD ROAD AT N. LAURELGLEN BLVD
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 w~l correspond
therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to
omit portions of the work that may be .deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It w01 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 RF.~IECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREG S. 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 atleast
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 1J2 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 vnvited 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.
S
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list
of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWIlVGS. 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 descried in the drawings or specifications.
2-1.09 WIT~RAWAL 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 tune,
nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the
time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be
present.
2.1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code
Sections S 100 to S 107, inclusive, concerning relief of bidders and in particular to the requirement therein, that
if -the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5
.days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake
occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
Any state .agency .may suspend, for a period of up to three years from the date of
conviction, any person from bidding upon, or being awarded, a public works or services
contract with the agency under this part or from being a subcontractor at any tier upon
the contract, if that person, or any partner, member, officer, director, responsible
managing officer, or .responsible managing employee thereof, has been convicted by a
court of competent jurisdiction of any charge of fraud, briery, 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
b
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.
SECTION 3.
AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, wdl 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 satisfactor0y perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be
awarded, w~l 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 Civd
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 Civd 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 untd 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 fie .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 w01 return any monies or form for deposit of money that are not to be
considered in making the award. All other proposal guarantees w01 be held unto the contract has been finally
executed, after which they w01 be returned to the respective bidders whose proposals they accompany.
7
SECTION 4 - BEGINNING OF WORK, TIlVIE OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning
of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions.
The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications,
is amended to read:
The Contractor shall begin work within fifteen (15} days after receiving
written notice to proceed. The Contractor shall d~igently prosecute the same to completion before the expiration of 25 working days.
Contract working days w~l 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 w~l not be assessed
with liquidated damages or the cost of enginee .ring 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 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to
submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION 1N 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 (ZS%) of the original contract amount, must be authorized by the City Council.
8
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 tune.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give
due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer wdl be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code
(commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's. work and forty hours' labor shall be a week's work, and that
Contractor shall keep an accurate record showing the name and actual hours worked for .all workers employed
in said work, and that said record shall be kept open at all reasonable hours for .inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevauing
rate of per diem wages and the general preva0ing 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 prevauing 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.
9
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 preva0ing rate of wages; and
b. TWENTY FIVE DOI.I.ARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per week,
except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A{3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract.
5.1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing
Act (Government Code Sections 12900 through 1299b), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal
employment opportunity requirements in the special provisions.
5-1,07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5),
"Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the
..provisions of Labor Code Sections, 1777.5,1777.b, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor
and all Subcontractors shall submit one of the following:
1. A -copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS:' This request shall be
submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with
-these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
.Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices.
One of .the above shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
5.1.08 TRENCH SAFETY. The Contractor shall comply with Section b705
of the Labor Code which provides that the Contractor's responsi~dity 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 detaded
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.
10
If such plan varies from the shoring system standards established by the Construction Safety
Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural
Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of
its employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in
Section 7-1.01I, "Sound Control Requirements;' of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6;00 A.M.,
shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from
responsi~dity 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 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to
4:30 P.M. Monda 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, which requires inspection services for more
than an eight (8) hour work day, or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention.
S•1.12 LAW5 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 fled 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.
11
5-1.13A HOLD SS. 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_;ance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not
less than one million ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with lunits 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 ten (10) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance -shall be provided by
or on behalf of the subcontractors to cover their operations.
The insurance .required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by
formal acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance w~l be made for additional costs which may be required by
extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
provide the City with the foreman's or superintendent's name who will be in charge of this project.
12
5.1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165,
"Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not
apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
f 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, faded to supply an adequate working force, or material of proper quality, or has faded 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 Counc~ 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 Counc~ 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 ma .deem
Y proper; or the City Counc~ may annul and cancel the contract and re-let the work or any part thereof. Any
excess of cost arising therefrom over and above the contract price will be charged against the Contractor and
his sureties, who w~l 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 liab~ity or failure to fulfill the contract. The Contractor and his sureties w~l be
credited with the amount of money so forfeited toward any excess of cost over and above the contract price,
arising from the suspension of the operations of the contract and the com letion of the work b the Cit as
p Y Y above. provided, and the Contractor w~l be so credited with any surplus remaining after all just claims for such
.completion as determined by the Engineer have been. paid.
In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on
all parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he mad deem necessary, due to unsuitable weather, or to
such, other. conditions as are considered unfavorable for the suitable prosecution of the work, or for such time
as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and
shall not resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
13
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 w~l 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 Counc~, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the
following paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT"'.
-Third paragraph of Section 24-1.11, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT".
14
5-1.23 HAZARDOUS MATE. 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 MATE
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 prescn~ed in the
specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal
sites used by the Contractor to produce or dispose of material for this project shall comply with the
requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and
sound control that apply within the limits of the contract shall apply to
all borrow or disposal sites ut~ized 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, w01 blend with surrounding terrain, and wdl have a
potential as a source of blowing dust or other pollution which is no greater than when in their original
condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the
authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the
requirements of the .permits shall govern over the conflicting requirements of this section provided the permit
requirements have .been approved by the Engineer.
Full compensation for complying with the. requirements. for borrow, disposal and material sites in
this section shall be considered as included in the contract prices paid for the items of work which require the
use of the sites and no additional compensation w~l be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-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.
15
SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into
operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to
public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4
inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions.
Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary
delineation shall be considered as included in the prices paid for the contract items of work that obliterated the
existing delineation and no separate payment wdl be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole (max. 1" dia.} in front of each signal indication. The
covers shall remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work .related to the
signal control shall be completed and all signs shall be in place.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facdities," of the Standard Specifications, the plans, and the special provisions.
The Contractor wdl 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 wdl be liable to owners of
such facilities and uprovements 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 wdl not be compensated for as idle time. However, additional contract time
commensurate with such delays may be allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems,
the Contractor shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations
and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systmes 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.
16
Attention is directed to the fact that nuisance water may be present at all times along the project.
It will be the responsibility of the Contractor to provide for handling of said water and any expense involved
shall be considered as included in the prices paid for the various items of work and no additional allowance will
be made therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be .considered as included in the prices paid for the various items of work and no additional compensation
will be made therefor.
7-1.03 MAINTAIlVING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags
and other warning and safety devices when performing work which interferes with or endangers the safe movement
of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the
requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in
Performance of Work Upon Highways," published by the State of California, Department of Transportation.
Application and use of devices shall be as .specified and as directed by the Engineer.
-The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact .location and progress of the work and shall notify them immediately of any streets impassable for fire fighting
equipment.
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.
St= Direction of Travel ~ H-
GOSFORD .ROAD .BOTH 8:30-4:30
N. LAURELGLEN BLVD BOTH 8:30-4:30
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 maybe permitted to use the shoulders and, if half width
construction methods are used, may also be permitted to use the side of the roadbed. opposite to the one under construction. No additional compensation w~l be allowed for any shaping of shoulders necessary for
the accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his .own expense, furnish, install and maintain construction area signs,
lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and
direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public 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 w01 be made therefor.
17
71.04 EXISTING ffiGHWAY FACIIITIES. The work performed in connection with various existing
fac~ities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications
and these special provisions.
Foisting 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 waste water Plant # 2 at Mount Vernon Avenue, south of Hwy 58.
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 wdl be made
therefor.
7-1.05 REMOVE ~ ~ C STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement
markings to be removed w~l 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 w01 not be .permitted.
Traffic stripes shall be .removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths.
Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or
markings, so the old message cannot be identified.
-After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in
conformance with the provisions m Section 37, "Bituminous Seals," of the Standard Specifications and the
following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area
and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic
stripe removal area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular
area.
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 wdl be made therefor.
Nothing in these special provisions shall relieve the Contractor from his responsi~dities as provided in
Section 7-1.09, "Public Safety," of the Standard Specifications. ~ '
18
7-1.06 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside
. Signs," of the Standard Specifications and these speial provisions.
Miscellaneous roadside suns 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 simdar methods w~l be permitted provided that the peruneter 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 Hawkings M2G series bolt
.and vandal proof. nut assembly or equal. Roadside signs installed per Std. T-19 shall be located
within sidewalk b" from back. Signs mounted on signal or other poles shall be attached with
stainless steel strap and vandal proof bolt and nut assembly.
Warnin and Re latory sign panels shall be mounted on posts with Hawkings 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 price for Roadside Sign {GSP}.
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign
(GSP}.
7-1.07 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56,
"Signs;' of the Standard Specifications and these special provisions.
Mast-arm hand for street name signs will be furnished and installed by the City.
Street name si ng s wdl be furnished and installed by the City.
Overhead signs installed on signal poles or mast-arms 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.
. 7-1.08 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15, Ex~stmg Highway Facilities," 16, "Clearuig 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 withthe provisions in Section 7-1.13, "Disposal of
Material Outside the Highway Right of Way," of the Standard Specifications.
MEASUREMENT AND PAYIVIENT. 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.
19
7.1.09 TRAFFIC STRIPES AND PAVEMENT N[ARI~INGS. Traffic stripes and pavement markings shall be
thermoplastic and shall conform to section 84-2, "'T'hermoplastic Traffic Stripes and Pavement Markings," of
the Standard Specifications, and these special provisions.
The first sentence of Section 84.2.01 "Materials" shall be revised to read:
The thermoplastic material shall conform to State Specification 8010-21C-19.
MEASUREMENT. Traffic stripes wdl be measured by the lineal foot of Striping Deta~ specified.
Striping Deta~s are referenced in the bid items, the plans and. the Standard Plans.
20
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03,
"Foundations;' of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused.
When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall be amended to read:
when foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be
removed to a depth of not less than 3-feet below the .surface of sidewalk or unimproved ground. The resulting hole shall be backfuled with material equivalent to the surrounding material.
7-2.02 STANDARDS, STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall
conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard
Specifications and these special provisions.
A pull rope shall be installed in all mast arm poles from the hand hole at the pole base up through the signal mast arm to the farthest head. A second pull rope shall be installed in all mast arm poles with luminaires
-from the hand hole at the base of the pole up through the luminaire arm to the lumvnaire. The pull rope
shall be nylon or polypropylene with a minimum tensile strength of 500 pounds. At least 2 feet of pull rope
shall be doubled back into the pole or arm at each termination.
7-2.03 CONDUIT. Conduit shall conform to the provisions in Section 8b-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either jackingldruling or open trench methods. Installation using jacking
or drilling shall .conform to Section 8b-2.OSC, "Installation;' of the Standard Specifications. Open trench
installation shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing. pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a-rock saw and all loose
uncompacted material shall be removed from the bottom of the trench prior to placement of
conduit. The top of the installed conduit shall be a minimum of 12 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfuled 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 backfuled 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 wul be allowed on the top 0.20 feet unto such a
tune as the permanent asphalt surface is placed.
21
Dependent upon adverse sod conditions or other circumstances encountered at the tune of
construction, the Engineer may specify which of the above methods may be used.
7.2.04 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.
7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in
Section 86-2:08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
CONDUCTORS -The Contractor shall use multi-conductor
electrical cables for all circuits except between the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard
Plan ES 13.
Splices shall be insulated by "Method B."
7.2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", ~of the
Standard Specifications and these special provisions.
Unless otherwise noted, service shall be as shown on .the plans and shall be furnished with 60 amp,
240 volt, 3 pole main breaker and the following branch circuit breakers:
No. Amps Phase V- Br_ch Me=
1 50 1 110 Traffic Signal Yes
2 20 1 110 Lighting No
The Engineer wdl arrange with the serving utdity to complete service connections to service points
shown on the plans. and wdl pay all .required costs and fees required by the utility.
.
7-2.07 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, "BEGINNING OF WORK, TIlVIE OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions.
7.2.08 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
22
Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting
Assemblies," of the Standard Specifications and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron.
7-2.09 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05,
"Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and two light sources, each consisting of luminous tubing and power .supplies .for the luminous tubing.
The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
polycarbonate plastic; 3/16 inch nominal thickness hammered wire-glass; or 3/16 inch nominal thickness
ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface
over the entire projected area except where the symbols are located. The material used to mask the message
plate shall be hard and .durable and shall bond such that it will not flake or .peel when the message plate is in use or is washed. The. symbols shall be the .only illuminated portion of the message plate.
The message plate shall be sealed to a polycarbonate case. to form a dust tight and weatherproof
module. The .module -shall contain and properly support the luminous tubing. and power supplies.
Each light source shall have a separate power supply. Each power supply .shall require less then 36 watts with a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a
frequency of 60 ± 1 Hz.
.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front
Screen", of the Standard Specifications.
7-2.10 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage
as shown on the plans.
An in-line fuse shall be located in the pull box.
7-2.11 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in
23
Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectrical control.
7-Z.1Z CONTROLLERS, CABINETS AND A Y EQUIPMENT. The City wdl furnish the
controller and cabinet assembly for each location.
7-Z.13 AUTOSCOPE. Vehicle detection at this location will be by Autoscope 2003LE, Machine Vision
Vehicle Detection System which w~l be provided by the City.
City furnished video cameras wdl be installed by the contractor.
Camera video cable (RG-59/U, Belden #8281) is provided by contractor and shall run continuous (without splices) from camera pigtail connection to signal controller cabinet. Camera video and power cords
.shall enter luminaire arm using engineer approved crimp type BNC connectors such as Ampheno131-71032
and shall utilize a drip loop. Connectors should be installed using Amphenol C'TL-2 Crvnping Tool.
Weatherproof connections .shall not be at bottom of drip loop. Connections at cameras shall be
.appropriately wrapped and weather proofed.
7-Z.14 GU~TEE. 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 descried on the
.plans and these special -provisions.
7-Z.15 PAYIViENT. Payment for signals and lighting shall .conform to the provisions in Section 8b-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 wdl be
made therefor.
7-Z.16 ~ + C .SIGNAL INTERCONNECT. Signal interconnect shall be six conductor cable conforming to the provisions in Section 86-2.08E, "Signal Interconnect Cable," of the .Standard Specifications
and these special provisions.
PAYMENT. Full compensation for installing Traffic .Signal Interconnect including conduit, wiring and
pull boxes wdl be considered as included in the prices paid for Traffic Signal and Lighting System and no
separate payment wdl be made therefor.
24
ALTERNATE LOCATION TO 8E TYPE B.S.S.
USED ~NHEN THE SIDEWALK Y 2" GALVANIZED PIPE
EXTENDS FROM THE CURB J AS PER AMERICAN FENCE CO. TO THE PROPERTY LINE, a
PARTICULARLY IN COMMERCIAL w
AREAS. ~
~ 11 p ~
(I O
I ~ Y i I v`
II Q
~ ~i I ~ m 2 0
I ~ - ~i~ oZ
i~i~
i ~ , • 8 M tN. ~~,I
~_J CLASS ~~8~~ PC.C.
i~
A
APPROVED
MISCELLANEOUS SIGN
DETAIL CITY ENGINEER
RECORDED I~- CiTY OF BAKERSFi ELID DAn /Z/o5/8~' . N 900K_AT SAG= CA L l FO R N 1 A
ORFiCIAL RECORDf OF cRAwN E. G•
KERN COUNTY, CA~11rORNiA ENGINEERING DEPARTMENT cz~~cKio,S. L.. yy.
PROPOSAL
FOR
TRA►FICIC SIGNAL AND LIGHTING SYSTEM ON GOSFORD ROAD AT N. LAURELGLEN BLVD
To the City Clerk of the City of Bakerst"ield:The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this
proposal is made without collusion with any other person, firm or corporation; that he has
carefully examined the location of the proposed work, the annexed proposed form of contract
and the plans therein referred to; ..and he proposes .and agrees if this proposal is accepted, that
he wdl 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, fded 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 wdl take. in full payment therefor the unit ,prices or
lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing .the required contract, with necessary bonds, within ten (10) days, not including Sunday, after having .received notice that the
contract, is -ready for signature,. the proceeds of the .check or bid bond accompanying his bid shall
become the property of the City of Bakersfield.
Page 1 of 2
25
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GOSFORD ROAD AT N. LAURELGLEN BLVD
Item ESTIMATED UNIT OF I1~M UNIT PRICE ExI~NSION
No. QUANTITY MEASURE PRICE (in figures)
(in figures)
1. 1 I.S Traffic Signal and Lighting
System
2 4 EA Remove Roadside Sign
3 b EA Roadside Sign (GSP)
4 5.75 SQFT Remove Traffic Stripes &
Pavement Markings
5 1711 SQFT Pavement Marking (White)
Bidder acknowledges receipt of the following-addendum:
Clearly list any and all addenda numbers received on this project, above and on the lower left .hand corner
of the sealed bid return envelope.
SIGNED TOTAL BID $ Bidder
Company
THE REPRESENTATIONS MADE HEREIN
Address ARE MADE UNDER PENALTY OF
PERJURY
P.O. Box
City State -Zip Code.
~ }
Area Code Telephone Number
License No. and Expiration Date
Page 2 of 2
26
The Extension Price has been calculated by multiplying the Estunated 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 estunated
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 w~l 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 TFN THOUSAND DOLLARS ($10,000}, whichever is :.greater, and the portion of the work which w~l 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 (City~te, Zip) of work subcontracted
(attach additional sheets if needed}
~7
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
T ~ ~ C SIGNAL AND LIGHTING SYSTEM ON GOSFORD ROAD AT N. LAURELGLEN BLVD
State of California ) )SS:
County of )
,being first duly sworn, deposes and
Name
says that he or she is of
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, .association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has .not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder ,
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any overhead, profit, or-cost element of the bid price,-or of
..that of any other bidder, or to secure any advantage against the public body awarding the .contract of anyone
interested in the .proposed contract; that all .statements contained in the bide are true; and, further, that the
bidder has not, directly or .indirectly, .submitted his. or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or .paid,. and w~l 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
th =day of ,1
28
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, 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 '
xefrain :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 wdl not pay, any
fee to any corporation, partnership, company. association,
organization, bid depository,: or o 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.
29
Accompanying this proposal is
(NOTICE: Insert .the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be),
in amount equal to at least ten percent of the total of the bid.
The names of -all persons interested in the foregoing proposal as principals are as follows:
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 copartnership, state true name of firm, also names of all .individual copartners composing firm; if bidder or other interested person is an individual, state first .and last
names in full.
•.......e.........•~............. ...............................................................o...................•s...........................................••.....•e.••........•..............................•
• w........................ s................................................................. o.. • •
s ...........................a............•o................................................................................•~....s....w....•o......................................•..............................•
Licensed in accordance with an act providing for the registration of
Contractor's License, No
.............................o....o....................•o..............••.........................................••............................o•
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 s' ature of the
officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of
the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in
behalf of ,the copartnership; and if bidder is an individual, his signature shall be placed above.. If signature is by an agent,
other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on fde with. the .City
Clerk of the City of .Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid w~l be disregarded ~as irregular and unauthorized.
Business Address
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone No.
Place of Residence
.......................................................................................................e.s.........•e...•e.............•e...............................••......................u.....•
' Dated 19...........
30
BIDDER'S BOND T4 ACCOMPANY PR~P4SAL
(Not necessary if cash or certified check is with bid}
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body
litic and corporate of the State of California, in .the sum of dollars
to be .paid. to said City, for which payments, well and truly to be made; we bind ourselves, our heirs
xecutors and administrators, .successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in .the .City of Bakersfield as refereed
o. in the NOTICE TO CONTRACTORS .attached :hereto, is accepted by the Councd of said .City and if the above
unden principal, heirs, executors, .administrators, successors and .assigns, shall duly enter into and execute a contract, to
nstruct said improvements aforementioned, and .shall execute. and deliver the two bonds required by law, within ten
ays {not including Sunday) from the date of a notice to the above bounden principal, that said.. contract is ready for R
xecution, then this obligation shall become null and void, otherwise it shall be and remain in full force and offect.
IN ~Ii~ITNESS WHEREOF, we have .hereunto set our hands and
eats this day of ,19 .
{Seal
(Seal
(Seal Page 1 of 2
31
STATE OF CALIFORNIA } } ss.
COUNTY OF }
0n 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 subscn~ed to the .within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscn~ed the name of
thereto as surety, and his own name as Attorney in Fact.
IN WITNESS WHEREQF I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public in and for said County and State
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public works
1501 Truxtun Avenue, Annex Budding
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GOSFORD ROAD AT N. LAURELGLEN BLVD
,awarded on .,between the City of Bakersfield (hereinafter referred to as the City), and
the undersigned, which contract .provides for the installation of li~Q andlor traffic sign 1 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 o 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 wdl 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 d~igence to complete the
work within a reasonable period of time, as specified in the City'swritten notification..
Said system w>71 be deemed defective within the meaning of this guarantee in the event that they fad to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications
included in said contract.
Date Contractor's Signature
Firm
Address
33
GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
V Department of Public Works
1501 Truxtun Avenue, Annex Budding
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON G~SFORD ROAD AT N. LAURELGLEN BLVD
awarded on ,between the City or Bakersfield (hereinafter
referred to as "City"), and the undersigned, which contract provides for the installation of
and other facilities and under which contract
the undersigned has installed such fac~ities, the following guarantee of the said fac~ities is hereby made:
When the project is completed and accepted, we .guarantee .the same to be free from imperfect workmanship
and/or materials, and we agree to repair and/or replace at our own cost and expense, any. and all such work, and/or
materials which .may prove defective in workmanship or materials within a period of one (1) year from the date of
acceptance of the. above named construction project, ordinary wear and tear or neglect excepted. We also agree to
repair and/or .replace, at our own cost and expense, any work and/or materials that we .may. disturb or displace in
making good such defects.
Within twenty-four (24} .hours after being notified in writing by the City or the City's representative, or the
agent of either of them, of any defects in said -work or materials, we agree to commence and prosecute with due
:diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable
~~period of time, and in the event of our fa>7ure 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.
A
DATE
Contractor's Name
Authorized Signature
34
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
0
d
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 liab~ity imposed by law upon the City, except in cases of the City's sole negligence, for
damage because of body 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 FiJRTHER 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
i
Authorized Signature
35
SAMPLE SAMPLE
INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM
ON GOSFORD ROAD AT N. LAURELGLEN BLVD
CONTRACT N0.
THIS AGREEMENT, made. and entered .into on , by and between
the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called
"City," and ,hereinafter called "Contractor";
wITNESSETH:
WHEREAS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On ,the contract was awarded to Contractor upon
his properly executed bid; and
WHEREAS, one of the conditions of said award required a formal contract to be executed by and
between City and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials for
within the City of Bakersfield.
A
ARTICLE II
The following shall be deemed to be part of this contract as if fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. _ Performance Bond 6. Material and .Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in
this contract whether actually inserted or not.
9. Hold Harmless Agreement
10. Current PWI (if required by Specifications) -1-
36
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the
day .and year first-above written..
CITY OF BAKERSFIELD
By Mayor
(NAME OF CONTRACTOR)
By
Contractor
APPROVED AS TO FORM:
By
City .Attorney
COUNTERSIGNED:
By
Finance Director
_2_
~To be completed by the Contractor, if he elects to substitute securities in lieu of retentionJ.
37
.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 the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows;.
1. Pursuant to Section- 22200 of the Public Contract Code of the State of California, Contractor has the .option to
deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant
to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as the "Contract"). When Contractor deposits .the securities as a substitute for Contract earnings, the Escrow Agent shall
notify the Owner within ten (10~ days of the deposit. The market value of the securities at the time of the substitution
shall :beat least equal to the cash amount then required to be withheld as retention under the terms of the Contract
between the Owner and Contractor. Securities shall be held in the name of
,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds .which otherwise would be withheld
-from progress payments pursuant to the Contract provisions, provided that the_Escrow Agent-hold .securities in the
form and amount specified above.
3. Alternatively, the Owner. may make payments directly to Escrow Agent in the amount of retention for the benefit
of the Owner until such time as the escrow created hereunder is terminated.
-1-
38
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account, These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on
that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to the Owner,
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents
to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven
(7} days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that
the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest. on deposit less escrow fees and charges of the Escrow Account. The
escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections
(4} to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow
Agent's release and disbursement of the securities and interest as set forth above.
10, The names of the persons who are authorized to give written notice or receive written notice on behalf of the
.Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures,
are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title _ F
Name Name
Signature Signature
Address Address
_2_
39
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.
~ ner Contractor
Title ~ Title
Name Name
.Signature Signature
-3-
40
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner,"
has, on DATE OF AWARD},19_, awarded to (NAME OF CONTRACTOR) , a corporation organized and doing
business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract
for the (PROJECT DESCRIPTION}; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANY), as Surety, are held and firmly bound unto the Owner in the sum of X100% 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 and/or faulty workmanship in the prosecution of the
work done, the above obligation in the said amount .shall remain in full force and effect. However, anything in this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any
obligation of the Principal remains.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this
bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to
the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions
of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
. 41
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.
L.
Principal
Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
Attach notarization form for each required signature.} -
i
Page 2 of 2
42
MATERIAL -LABOR BOND
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
"Owner," has, on (DATE OF COUNCIL MEETINGS ,awarded to
(NAME OF CONTRACTOR
hereinafter designated as the "Principal," a contract for the construction of
DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS .
WHEREAS, said Principal is required to furnish a bond in connection and with said
contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will
pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and CLEAVE BLANK FOR
B~NDlNG COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of 50%
OF AMOUNT AWARDED AT COUNCIL MEETING) dollars lawful money of the United
States, for the .payment of which sum well and truly to be made, we bind ourselves, our .heirs,
executors, administrators, and successors, jointly and severally, firmly by these ..presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal,
his or its heirs, .executors, administrators, successors, or assigns, .shall in all thin s stand- to and
„ g 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 art, to be ke t and . p p,
performed. at the time and in the manner therein specified, and m all respects according to their true .
intent and meaning, and shall indemnify and save harmless, the Owner, its officers and a ents as g
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 a to the
pY Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the .above
obligation. in the said amount shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above mentioned Principal, his or its heirs,
executors, 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 durin g
said period of one year from the date of acceptance of said work, and resulting from or caused by .defective materials and/or faulty workmanship in the prosecution of the work done, the above
obligation in the said amount shall remain in full force and effect. However, anything in .this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so
long as any obligation of the Principal remains.
43
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.}
Page2of2
44
r,
F,IT