HomeMy WebLinkAbout1995 Special Provisions Project 41005CITY OF BAKERSFIELD
CALIFORNIA 4
NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS,
BID .PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON
TR ~ AVENUE AT MOHAWK STREET
BID OPENING:
February ZZ,1995
TIME 11:00 A.M.
PROJECT N0.41005 '
DEPARTMENT OF PUBLIC WORKS
CITY OF BAKERSFIELD ~.1 '
1501 TRUXTUN AVENUE , ~ ~ r ~
BAKERSFIELD, CA 93301 ` ~
Tele hone: SOS 326-3724 • ~ P ~ ) ~ ~
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CITY OF B~RSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer,
City Hall, .1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on Fe= 22,1995 to be
publicly opened and read immediately. thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AND MOHAWK STREET
--Plans and. specifications, and forms of proposal, bonds, and contract, .maybe obtained at the office of
-the Purchasing Officer by posting a refundable. deposit of Zero Dollars ($0.00) for each complete set. Refund
of deposit will be .made .provided the, plans and specifications are returned to the Purchasing Officer within
awenty-one (21} days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It
is the bidder's responsibility to meet the deadline stated,above.
No bid will be considered unless it is .made on a proposal form furnished by the.Purchasing Officer,
which appears herein immediately following ..the SPECIAL PROVISIONS of the project, and is ,made in
accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the
Standard Specifications.. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of .the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire-
work described herein.
-Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to
the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the. Contractor and the
City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form
entitled "Escrow agreement ,for Security Deposits in Lieu of Retention" included in the back of these special
provisions.
The Contractor must possess a valid Class A or the Contractor must possess a combination of Class
C-10, C-12, and C-32 Contractor's Licenses at the time this contract is awarded.
The work completed shall be done in accordance with the Standard Specifications of the Department
of Transportation, Business and Transportation Agency, dated July,1992, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor
shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of
California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield,
California.
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GENERAL DESC 4N OF WORK 4
The work to be performed consists, in general, of modifying a traffic signal system, adding pedestrian -access, removing an existing median island and curbing, paving and adding traffic striping.
C1TY OF BAKERSFIELD
RAULM. ROJAS
Public Works Director
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CITY OF B~RSF][ELD, CALIFORNIA
DEPARTMENT OF PUBLIC ~UORK~
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Sp ' 'cations 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, "De ' 'tions and
Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
the intent and meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of
.Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test .materials and work involved in
the contract.
Standard Specifications -Standard Specifications of the Department of Transportation, Business,
Transportation and Housing Agency, dated July, .1992.
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do
not apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the, Standard
Specifications.
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SECTION 2. PROPOSAL REQUIREMfENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield,
California, will receive at her office, City Hall,1501 Truxtun Avenue, in said City, unti111:00 o'clock A.M. on
February 22,1995 sealed proposals for
c TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AT
MOHAWK STREET
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be
done and materials to be furnished are approximate only, being given as a basis for the comparison of bids,
and-.the City of Bakersfield does not expressly or by implication agree that the actual amount of work will
correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the
work or to omit portions of the work that maybe deemed necessary or expedient by the Engineer.
2-1.03 Ex~MINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF WORK. The bidder is required to examine carefully the site of work, .the proposal, plans
and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to
the .conditions to be encountered, the .character,. quality, and quantities of work to be performed and materials
to be :furnished, and as to the requirements of .the specifications, the special provisions, and the contract. It is
mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has
made such examination,
2-1.04 REJECTION QF PROPOSALS CONTAINING ALTERATIONS, ERASURES
OR IRREGULARITIES. Proposals maybe rejected if they~show any alterations of form, additions not
called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in
which the prices .obviously :are unbalanced maybe rejected.
The right is reserved to reject zany 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. I~ 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.Ob BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be
.accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10%) of the amount of said bid, .and no bid shall be considered unless such Proposal Guaranty is
enclosed therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal
shall. have listed therein the name and address of each Subcontractor to whom the bidder proposes to
subcontract portions of the work in the amount of l/Z of one percent of his total bid or $10,000, whichever is
greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section
4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by
making unauthorized substitutions.
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A .sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list
of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. y
~2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work
mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned
in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are :customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such
omitted materials or performing such omitted work; but shall be furnished or performed as if :fully shown or
described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time .prior to
the ,time fixed in the .public notice for the opening of bids by request for the withdrawal of the bid filed with
the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative.
The withdrawal of a bid does not prejudice the -right of the bidder to file a new bid. Whether or not bids .are opened exactly at the time fixed in the public notice for opening bids, abid -will not be received ofter that
ime, 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 5100 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
S days after the opening of -the bids of the alleged mistake, sp 'gin the notice in detail how the mistake
-occurred.
.Public Contract Code. Section 10285.1 (Chapter 376, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of - :conviction, any person from bidding upon, or being awarded, a public works or services
contract -with the agency under this part or from being a subcontractor at any tier upon the
contract, if that person, or any partner, member, officer, director, responsible managing
officer, or responsible managing employee thereof, has been convicted by a court of
competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act
in violation of any state or 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 of f eases ref erred to in this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
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~-1.12 DISQUALIFICATIQN 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, ~rrm, partnership, corporation or a combination thereof is interested in more than one proposal for the.work contemplated may cause the
rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is .interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be
rejected. Proposals in which the prices obviously are unbalanced maybe rejected.
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SECTION 3. AWE AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible
bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality,
Y fitness and capacity of low bidder to satisf actorily perf orm the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest
.responsible bidder.
3-1.03 CONTRACT .BONDS. The Contractor shall furnish two good and sufixcient bonds
insured b an admitted surety insurer as set forth in Title XIV, Chapter 2, Article b of the California .Code of Y
Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the
Contractor and shall be in an amount equal to one hundred percent (100%} of the contract price. The other
of the said bonds shall. be in an amount ~of fifty percent. (50%} of the contract price and shall guarantee a ent to laborers, mechanics and material workers employed on the. job under the contract and shall be in
P Ym the amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by aw for .the
rotection of the claims of laborers and material men, become insufficient, or the City has cause to believe P
-that such surety or sureties have become insuf f icient, 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 necessa ,considering -the extent of .the work remaining to be done. Thereafter no payment shall be made
_ upon .such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or
additional surety has been furnished.
3-1.04 EXECUTION OF :CONTRACT. Thecontract -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
he City of Bakersfield, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10} days, not
includin Sundays, after the bidder has received notice that the contract has been awarded, shall be just -cause g
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 Bakersfieldwill return any monies or form for deposit of money that are not to be
considered in .making the award. All other proposal guarantees will be held until the contract has been finally
executed, after which they will be returned to the respective bidders whose proposals they accompany.
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SECTION 4 - BEGIrJNING OF WO~;K, TIMfE OF COMPLETION AND
LIQUIDATED .DAMAGES
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4.1.01 GENERAL. Attention is directed to the provisions of Section
8, Article 8-1.03, "Beginning of work," Article 8.1.Ob, "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. ofter receiving
written notice to proceed. The Contractor shall diligently prosecute the
. same to completion before the expiration of 25 working days.
Contract working days will commence from the date the Contractor begins
-work or the l5th 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 $2~ per day for each and -every
calendar day's. delay in finishing the work in excess of the number of wor .king 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, his contract has been received and accepted by said vendor, and said
tatement shall be furnished within fifteen (15) calendar days from the date of the contract. Said
statement shall show the :date or dates the electrical.materialswill be shipped.
No work shall begin on the project without prior written approval of the Engineer until-.all
components. necessary for operation of the: signal system are on hand. The Contractor will be granted an
extension of time and will not. be assessed with liquidated damages or the cost of ,engineering and inspection
for any portion of the delay in completion of the work. caused by .manufacturing time should approval be given
to begin .prior to .delivery of all signal .system components. The number of days extension shall: be the working
days between the date as deternuned according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer.-Upon receipt of all components, the Contractor shall notify the
Engineer in writing and the Engineer will order start of work in writing.
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SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract
Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the
provisions of the State Contract Act. The adoption and use of .the Standard Specifications in the performance
of -.the work called for in this contract shall not be construed as an election by the City to proceed under
Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not
obligated to submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work
exceeding an amount of $10,000 or which, together with all other previously approved change orders .for that
. contract exceedstwenty-dive percent (ZS%) of the original contract amount, must be authorized by the City
.Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the. provisions in' Section 5,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding
the following .paragraph after the fourth paragraph:
Working .drawings or plans for any structure not included in the plans furnished by the Engineer shall
be approved by the .Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Sp ' 'cations
is amended by adding the following paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to. the Engineer. If such a discrepancy is not reported to the Engineer, .the Contractor shall
be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the .Standard Specifications is
amended to read:
-When :.the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or
marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection maybe provided. Any work done in the
absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor
Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through
any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and
that Contractor shall keep an .accurate record showing the name and actual hours worked for all workers
employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant
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to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general
,prevailing rate of per diem wages and the general prevailing rate for holiday .and overtime to all workers
employed in the construction of this project. The prevailing rate for each craft, class' 'cation or type of work is
determined by the Director of the California Department of Industrial Relations, ,and his schedule of
prevailing rates is on file and available for inspection in the Public Works Department. The schedule is
4 ~ incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid.
Contractor shall not interfere in any way with the City's right to investigate conformance with the wage
provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion
thereof:
a. FIFTY DOLT~~►RS (~50) pursuant to Section 1775 of the Labor Code, per worker paid less than
ahe .amount to which he is entitled .under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS t~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 Sp ' 'cations is deleted and shall not apply to .this contract.
5-1.06 .LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA{4),
"Labor Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
{Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and .Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal
employment opportunity requirements in the special provisions.
`5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(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.
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5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705
of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLI~~RS ($25,000) for excavation of any trench or trenches five feet or more in
depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City
Engineer and the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders
of the Division of .Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to ..allow the use of a shoring,.sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section hall 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 SO feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances .regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including
but not limited to trucks, transit mucers'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 theprices 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. Monday through Friday. Any deviations must be requested and in writing and directed to the
Construction Engineer at the Pre-Job Conference. Written approval f rom the Construction Engineer is
:required for work beyond these limits. Any time work proceeds, which requires inspection services for more
than an eight (S) hour work day, or on holidays or weekends, the Contractor will be charged for all associated
overtime charges and said .charges may be withheld from contract retention.
5.1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of
Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the
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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 cert'if'icates of
insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor
shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the
City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments,
....costs or expenses in law or equity that may at any time arise from or related to -any work
performed by -the Contractor, his agents, employees or subcontractors under the terms of this
agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the
terms of this agreement and specifications, the Contractor shall procure and maintain for the ,
duration of this agreement the following types and limits of insurance:
Automobile lia_~ ra_, providing coverage on an occurrence basis .for bodily injury, including death, of .one or more persons, property damage and personal injury, with. limits of not
less than one million ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage -for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and .personal injury, with limits of not less than one million ($1,000,000) per occurrence. '
:The liability policies shall .provide contractual liability coverage for the terms of this agreement.
The. ability 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 emplo er's h=bility 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 X10) days written notice of cancellation or material
change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided by or
on behalf of the subcontractors to cover their operations..
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The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance will be made for additional costs which may be required by extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor
.shall provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE.
Section 7-1.1b5, "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
ahese .specifications that is located in the public streets in the City of Bakersfield shall be done in accordance
with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer
and Superintendent of Streets of the City of Bakersfield and shall conduct .his operations in compliance
therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by
the City.-The Contractor shall make his own arrangements, and pay all expenses for .additional area required
by him .outside of the..limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council,
-the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material
of proper quality, or has failed in any other respect to prosecute the work with the diligence. and force
specified and intended in and by the terms of the contract, notice thereof . in writing will be served upon him, and should
he neglect or refuse to provide means for a satisfactory compliance with :the contract, as directed .by the
Engineer, within the time pecified in such notice, the City Council in any such case shall have the power to
suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall
:discontinue -said work, or such parts of it as the City Council may designate. Upon such suspension, the
Contractor's control shall ternunate, 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 ouch manner:as the Engineer may deem
proper; or the City Council may annul and cancel the contract sand 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 ureties, who will be liabletherefor. In the event of -such suspension, all money due the Contractor or
retainedunder the .terms of .this contract shall be forfeited to the City; but such forfeiture will not release the
contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be
.credited with the amount of money so forfeited toward. any excess of cost over and above the contract price, arising from the suspension of .the operations of the contract and the completion of the work by the City as
above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such
completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the
contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding
on all parties to the contract.
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t
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority
to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather,
or to such other conditions as are considered unfavorable for the .suitable prosecution of the work, or for such
time as he .may deem necessary, -due to the failure on the part of the Contractor to carry out orders given, or
to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and
shall not resume the work until ordered in writing by the Engineer.
5-1.24 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not
incorporated in the work.
5-1:21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify .the whole or .any
part of any certificate for payment, to such extent as maybe necessary to protect the City from loss
due to causes including but not limited to the following:
a. Defectivework not remedied;
b. Claims filed or :information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
..balance; .
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment.and.Claims," of the Standard Specifications
is amended to read:
The Director will make the final determination of any claims which remain in dispute after
completion of claim review. Aboard or person designated by said Director will review such claims
and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount
of .work done thereunder, and the value of such work, and the City .shall pay the entire sum so found to be
due after deducting therefrom all. previouspayments 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-andpayment. 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
15
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 ahe Contractor further agrees that the payment of the final amount due under the contract,
and the adjustment and payment for any work-:done in accordance with any alterations of the same, shall
release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.22 INCREASED 4R 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".
-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and
subcontractor's-well-being and- their .education of .handling hazardous materials when hazardous materials are
encountered during this project.
lb
SECTION 6. -CONTROL OF MATERIALS
6=1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At .the .option of -the Engineer, the source of supply of .each of the materials shall be approved by
the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of
all materials to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly
recognized standards of national organizations, and such special methods and tests as are prescribed in. the
specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or
disposal sites used 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 he limits of the contract shall apply to
all borrow or .disposal sites utilized by the Contractor.
.Upon completion of the work, all such sites.. and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding-terrain, and will have a
potential as a source of blowing dust or other pollution which is no greater han when in their original
condition.
R.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 he 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 additionalcompensationwill be-allowed therefor.
b-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section
b-1.07, "Cert' 'sates of Compliance," of the Standard Specifications, the .Engineer-may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
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SECTION 7. CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
n
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 mod~ications being
-placed into operation. Pavement delineation shall be replaced by temporary delineation on the same day as
striping is removed. Temporary delineation shall consist of reflective traffis line tape applied. in pieces not less
than 4 inches long nor less than 4 inches wide spaced no more than 10 .feet .apart on curve nor more than 20
feet apart on .tangents. Reflective traffic line tape shall be applied in accordance with .the manufacturer's
instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that
obliterated the existing delineation and no separate payment will be made therefor.
when initially installed,:all vehicle and pedestrian signal faces shall be aimed and covered with
cardboard or-other material with an observation hole (max. 1" dia.) in front of each signal indication. The
covers hall 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
Facilities," of the Standard Specifications, the plans, and the special provisions.
.The Contractor will be required to work .around public utility facilities and.other improvements that are to remain in place within the construction area ~or that are to be .relocated and relocation operations
have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and
7-.1.12, "Responsibility for Damage," of the Standard $pecii"ications,tke Contractor will be liable to owners of
.such facilities and improvements for any damage or interference with service resulting from conducting his
operations. The exact location of underground facilities and improvements within the construction area shall
be .ascertained by the Contractor before using equipment that may damage such facilities or interfere with the.
-services. Other forces maybe engaged in moving or removing utility facilities or other improvements or
maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such
.forces.
.Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly
located on the plans will not be compensated for as idle time. However, additional contract time
commensurate with such delays maybe allowed.
. At locations where irrigation systems exist, the irrigation systems shall be protected by the
Contractor. Any damage to irrigation systems shall be repaired by the Contractor at his own expense.
Existing land subdivision monuments and stakes shall be fully protected from damage or
displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project.
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It will be the responsibility of the Contractor to provide for handling of said water and any expense involved
shall be considered as included in the prices paid for the various items of work and no additional allowance
will be made therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article
shall be considered as included in, the prices paid for the various items of work and no additional compensation -will be made therefor.
7-.1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install
and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with
or endangers the safe movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements
set forth in the current "Manual of TrafficControls -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 Hours
TRUE AVENUE BOTH 8:30 - 4:30
MOHAWK STREET BOTH 8:30- • 4:30
Where construction operations are .actively in progress, a minimum of one traffic lane, not -less than twelve
feet in width, shall be .open for use by public traffic. Where construction operations. are not actively in
progress not less than two such .lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side
of the roadbed opposite to the one under construction. No additional compensation will be .allowed .for :any
shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the .work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs,
.lights, flares, temporary railing (Type K), barricades, and other facilities for .the sole convenience and direction of public traffic. Also, where directed by the Engineer, .the Contractor shall furnish competent
flagmen whose sole duties shall consist of directing the movement of public traffic through or around the
-work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End
Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as
directed by the Engineer at least 48 hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
- included in the prices paid for various items of work and no additional allowance will be made therefor.
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1 7-1.04 TRAFFIC DELINEATION. Immediatelyafter any construction where delineationis obliterated
or when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation durin
g -the same work period, and in no case later than 7:30 a.m. following such work period.
Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor
less .than 4 inches wide, spaced. no more than 20 f eet apart on tangents and no more than 10 f eet a art on curves.
reflective traffic line to a in ' ' p• • Apply. p accordance anth the manufacturer s instructions. Temporary delineation must be the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic
emulsion tackcoat for asphalt .concrete overlay.
A striping plan -will be made available to the Contractor when traffic delineation is to be modified by the City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the. rites aid for
P P the various items of work, .and no separate payment will be made therefor.
7-1.05 EXISTING HIGHWAY FACILITIES. The work erformed in connection with various P
existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard
Specifications and-these .special provisions.
Existing City. highway signs and street markers shall remain the property of the City. Such si sand street
markers shall be relocated and maintained during construction o as to convey the. same intent that existedprior
to construction.
Existing City highway signs and street markersshall be placed in their permanent position b the Contractor's y
forces prior to completion of construction. Signs. removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun .Avenue.
PAYMENT. Full compensation for ,conforming to the -requirements of the two preceding ara a hs shall
be considered as .included in the • • p ~ p • paces paid for the various items of work sand no additional .allowance will be
...made therefor.
7-1.06 CLANG AND GRUBBING. Clearin and bbin shall conform to the rovisions in g l~ g p
Section 16, "Clearing and Grubbing," of the .Standard Specifications-and these special provisions.
Clearing and grubbing shall be limited to -those .areas actually affected by the planned construction as
directed by the Engineer.
7-1.07 DUST CONTROL. It shall be the Contractor's re nsibili to revent a dust nuisance from ~ ~ P
originating from the site of the work as a result of his operations, or the traveling public, during the effective
.period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following.
1. Water shall be applied to all unpaved areas as required to prevent the surface from becomin
. g enough to permit dust formation.
2. Paved surfaces over which vehicular traffic ispermitted- to travel shall be kept free of dirt.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions
beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as .
set forth herein.
20
PAYS. Full compensation for conforming to the requirements of this article shall be considered as
..included in the. prices paid for the various contract items of work and no additional compensation will be allowed.
therefor.
7-1.08 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of
the Standard Specifications and these special provisions.
Section 4-1.05. "Use of MaterialsFound on the Work," of the Standard Specifications shall be amended
to read as follows:
.Unless designated as selected material as provided in Section 19-2.07, "Selected Material,"-the Contractor,
with the approval of the Engineer, may use in the proposed construction such .stone, gravel, sand or other
material suitable in the opinion of the Engineer as may be found in excavation.The Contractor will be paid for the excavation of such materials at the contract price for such excavation, but he shall replace at his
expense with other suitable material all of that portion of the material so removed and used which was
contemplated for use in the work. The Contractor shall not excavate or remove any material from within
-the: highway location that is not within the excavation, as indicated by the slope and grade lines, without
written authorization from the Engineer.
It is anticipated that there will be approximately 84 cubic yards of surplus material which shall become the property of the Contractor and shall be disposed of .outside of the highway .right of way in
accordance with the provisions of Serction 7-1.13, "Disposal of Material Outside the Highway Right of
Way," of the Standard Specifications.
When asphalt concrete is to be placed on the. grading plane, the grading plane at any point shall not
vary by more than 0.05-foot above or below the grade established by the Engineer.
Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not a
PPIY to this contract.
The relative. compaction limits specified in the second paragraph of :Section 19-5.03 "Relative Compaction
(95 Percent}," of the Standard Specifications are amended to the limits shown on the plans andtypical cross-
sections and shall be determinedby: CaliforniaTest Methods 216 or:231, or AS'TM (current edition D1557 } and one of the following D2922 or D1556. The subgrade must be smooth, uniform and true to the required
grade.
Impact equipment shall not be used in areas developed with buildings unless authorized b the En ' eer. Y ~
In areas where existing bituminous surf acing is to be placed in embankments within 2.0 f eet of the finished
..grade or where embankment is to be placed over existing bituminous surfacing within 2.0 feet of finished grade, the surfacing shall be broken that no lumps greater than 3" in maximum dimension remain.
The estimated quantity of roadway excavation shall be a final pay quantity in comformance with Section 9-
1.015 "FINAL PAY QU S" of the standard specifications.
7-1.09 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in
excavation which he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he shall immediately so notify the Engineer in writing. Excavation in the immediate
area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed.
If such suspension delays the current controlling operation, the Contractor will be granted an extension of
time as provided in Section 8-1.07, "Liquidated Damages," of the Standard Specifications.
If such suspension delays the current controlling operation more than Z working days, the delay will be
considered a right of way delay and the Contractorwill be compensated for such delay as provided in Section
21
8-1.09, "Right of Way Delays," of the Standard Specifications.
The Department reserves the right to use other forces for exploratory work to identify and determine the
:extent of such material and for removing hazardous material from such area.
' ~ 7-1.10 REMGVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the
pavement by any method that does not materially damage the surface or texture of the pavement or
surfacing. Where blast cleaning is used for the removal of painted traffic .stripes and .pavement
markings, the area shall be shielded so that no materialfrom the blasting operation is allowed to enter
=the area that is open to .public traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of
sand,. or other .material which might interfere with drainage or .might constitute a hazard to traffic will
not be permitted.
Traffic stripes shall be removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irre lar and va widths. ~ ~g 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 eal coaf shall be applied in conformance
with the provisions in Section 37, "Bituminous Seals," of the Standard Specificationsand the followin g
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 rectan lar
area.
-Full compensation for furnishing and applying fog seal coat as sp ' 'ed herein shall be considered as
.included in the contract price paid per square foot for removal of traffic stripe and pavement marking
and no separate payment will be made therefor.
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided
in Section. 7-1.09, "Public Safety," of .the Standard Specifications.
• MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the
width of the stripe plus O.b7-foot multiplied by the length of the stripe. The space between double
traffic stripes will be measured as painted traffic stripe. Quantities of pavement markings removed will
be determined. by the actual size of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area
of authorized stripe removal .and will be considered as Remove Pavement Marking for payment purposes.
The contract unit price per square foot for Remove Pavement Marking shall include full compensation
for furnishing all labor, matenals, tools, equipment, signs and for doing all work necessary for removing
existing striping as shown on plan and as directed by the Engineer.
22
7-1.11 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section
15, "Existing Highway Facilities," 1b, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of
.Buried Man-Made Gbjects," 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 Dutside the Highway Right of Way," of the Standard Specifications.
MEASUREMENTAND PAYMENT. Removal of concrete shall be measured and paid for as Roadway
Excavation, said payment shall include full compensation for all work necessary to remove and dispose
of concrete.
~7-1612 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stri es and Pavement P
markings shall be thermoplastic and shall conform to Section 84-2, '"Thermoplastic 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 materials shall conform to State Specification8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by .the .lineal :foot of Striping. Detail specified. Striping details are ref erenced in the bid .items, on .the, plans and on the Standard Plans.
7-1.13 FINISHING: ROADWAY. Finishing roadway shall conform to the rovisions in Section. 22
P "Finishing Roadway," of the Standard SpeciTications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description," of the Standard
Specifications, the following shall apply:
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess
and/or objectionable material originatingwithin the project limits. and transported by public traffic or by the
Contractor's operations.
The Contractor may use any method, approved by the. Engineer, that -does not create a dust problem to
-remove the excess and/or objectionable material from the affected areas. However, in residentialareas, when a broom is used, aself-contained, pick-up type, power broom with water distribution system shall be used.
PAYMENT. The, first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended
to read:
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the
work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage ..roads, road approaches, and channelized intersections, whether inside or outside the highway right of way,
-and -all other areas, whether inside or outside the project limits, affected by public traffic or by the
Contractor's operations, all as shown on the plans, and as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer, shall be considered as included in various items of work
and no additional compensation will be made. therefor.
7.1.14 COLD PLANE ASPHALT CONCRETE PAVEMENT. Existing: asphalt concrete shall be cold planed at the locations and to .the dimensions shown on the plans and
in accordance with these special provisions.
The depth, width and shape of the cut shall be as indicated on the typical cross sections or as
23
i directed by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross
sections. The road surfacing to remain in place shall not be damaged in any way.
The planing machine shall be self-propelled and especially designed
and built for grinding flexible pavements. It shall plane without tearing or gouging the underlying surface and .blade material in a windrow. Drum lacing patterns shall permit a grooved or smooth surface finish as selected
by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened
r material into adjacent work areas. A 0" to 3" deep cut to predetermined grade maybe required on one pass.
The :machine shall be adjustable as to crown and depth. The equipment shall meet the standards set by the Air
Quality Act of 19b9 for noise and air pollution.
The Contractor .shall provide smaller machine to trim areas inaccessible to the larger machine. at manholes, curb returns and intersections. The smaller machine shall be equipped with a 12" wide cutting drum mounted
on a 3-wheel chassis allowing it to be positioned without interrupting traffic or pedestrian flow. Jack
hammering areas not. accessible to grinding machine is not allowed.
The surface ,tolerance produced shall be such that a ten foot straight edge laid laterally will indicate
variances of less than 3J8". The contractor shall remove all loosened material from the roadway each day
before leaving the site of the work.
All such material shall become the property of the Contractor and shall be disposed of off-site in
accordance with Section 7-1.13, "Disposal of Material Outside the Highway Right of way," of the Standard
`Specifications.
The Contractor shall protect structures and provide necessary traffic control and barricades as required by the Engineer.
Temporary oil-sand ramps shall be constructed at intersecting streets immediately after cold planing
and prior to opening the. lanes to traffic. Cold planing operations shall not commence until temporary oil-sand
is on-site with workers available to place material
j
Cold planing cuts across .travel lanes shall be the last cuts made at each side. After removal of loosened material from -such cuts, temporary ramps shall be constructed of oil-sand at the deep end of cuts
before opening the lane to traffic.
Irregular, gouged, ripped or damaged areas, as determined by the Engineer, shall not be accepted.
All such areas shall be repaired by methods approved by the Engineer, prior to resurfacing operations. The
Engineer, at his discretion, may require substitution of planing machine and/or operating personnel if the cold
planed surface does not meet these specifications.
The quantities of Cold Plane Asphalt Concrete Pavement to be paid for will be the respective
areas in square yards calculated from the horizontal field measurements of the actual authorized areas cut with
no .deduction for manholes or water valves within the planed area.
Cold Plane Asphalt Concrete Pavement will be paid for at the respective contract unit price per
square yard which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in cold planing as specified.
Full compensation for removing and transporting cold planing cuttings as specified shall be
considered as included in the unit prices paid for Cold Plane Asphalt Concrete Pavement and no additional
compensation will be allowed therefor. ,
Full compensation for repair or replacement of existing traffic loops shall be considered as included in the unit prices paid for Cold Plane Asppalt Concrete Pavement no additional compensation will be
24
allowed therefor.
..7-1.15 ASPHALT CONCRETE. Asphalt concrete shall be 'I~pe B and shall conform to the
provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions.
Asphalt concrete shall be produced from commercial quality asphalt and aggregates. The spreading
.and compacting requirements in Sections 39-b.02, "Spreading," and 39-b.03, "Compacting," of the Standard Specifications will not apply.
r
The asphalt concrete shall conform to the following requirements:
1. Asphalt concrete shall be produced at a central mixing plant.
2. Aggregate shall conform to the 1/2 inch maximum medium grading specified in Section 39-2.02,
"Aggregate," of the Standard Specifications.
3. The amount of asphalt binder to be mixed with the aggregate shall be between 5.0 percent and 6.5
. percent by weight of the dry aggregate as determined by the Engineer. The fourth through the
seventh paragraphs in Section 39-3.03, "Proportioning," of the Standard Specifications shall not :apply.
-4. Asphalt concrete shall be spread with a .self-propelled spreader ready for compaction without
further shaping.
5. Compaction shall be performed with a tandem roller weighing not less than S tons.
b. Thefinished surface shall meet the straightedge requirements of Section 39-b.03, "Compacting," of
the Standard Specifications.
where new asphalt concrete. pavement is to conform to existingpaved surfaces, the existing pavement
shall be saw cut.
The quantity of asphalt concrete to be paid for will be that quantity computed by ~ using the dimensions of the actual .area surfaced multiplied by the thickness peci~ed on the plans for that area and by a weight of 145
pounds per .cubic foot, or the actual quantity placed, whichever is the lesser.
7-1.16 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section
Sb, "Signs," of the Standard Specifications and these special provisions.
`Mast-arm hangers~for street name signs will be furnished .and installed by the City.
Street name si ns will be furnished .and installed by City of Bakersfield using mast-arm hanger
methods such as Hawkins M1OJ Series swinging sign bracket, with return spring removed, or acceptable equal.
Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall be furnished
and installed by the Contractor ~ in . accordance with the plans .and these special provisions.
Compensation for overhead signs shall be considered included in the respective contract lump sum price
or prices for signal, flashing beacon, or combination thereof and no additionalcompensation willbe allowed
therefor.
25
7-1.17 PAVEMENT .MARKERS. Pavement Markers shall conform to Section 85, ."Pavement
:Markers", of the Standard Specifications and these special provisions.
`Existing pavement markers shall be removed and new markers shall be placed in accordance with the
State Traffic Manual "Markings" Section per the following details enclosed within these specifications, as they
apply to existing striping.
Detail 9
Detai127
-Detai138
Pavement markers shall be Stimsonite Mode1948 Glass Faced Pavement Marker or equal and they
.shall conform to State Specilications.
Pavement markers shall be cemented to the pavement surface by hot melt bituminous adhesive.
PAYIV~NT. Pavement markers shall be included in contract price per lineal foot of various Striping
`Details, specified as bid items, and on the plans, .and no additional compensation will be made there for.
R
26
SECTION 7-Z TRA~,FIC SIGNALS AND LIGHTING
~7=2.01 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
Conduits may be installed by either jackingldrilling or open trench methods except where a specific method is required on the plans. "Trenching in Pavement Method" for installation of conduit in pavement,
except in paved medians, shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a
trench not to exceed b inches in width. Trench shall be cut using. crock -saw and all loose
uncompacted material shall be removed from the bottom of the trench prior to placemcnt of
conduit. The trench shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be back~illed with a
.one (1) -sack slurry cement backfill. Slurry cement backfill shall be placed to within- 0.20 feet of the
.pavement .surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from
commercial quality paving asphalt .and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat .and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt
.concrete shall be performed by .any: method which will. produce an asphalt concrete surf ace of
uniform smoothness, texture, and density.
4. All .excavated areas in the pavement shall be backfilled by the end of each work day. Temporary .
roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the,permanent. asphalt surface .is placed.
r
7-2.02 PULL BOXES.. Pull boxes shall conform to the provisions in Section. 86-2.Ob, "Pull Boxes," of
the Standard Specifications and these special provisions.
Recesses for suspension of ballasts willnot be required.
Pullboxes located in the wheelchair ramp areas shall be flush to the surface.
7-Z.03 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 individual electrical conductors for all circuits as
shown on the plans.
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."
7-2.04 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the
Standard Specifications and these special provisions.
27
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 Specif"icationsaod 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.
7-2.05 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary
equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section
86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 8b-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 terniinal compartments shall be cast bronze or hot-dip ,galvanized ductile
iron.
'7-2.06 PEDESTRIAN .SIGNALS. Pedestrian signals shall conform to the provisions in Section
86.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
1~pe 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. tubingand power supplies for the luminous tubing.
The ,message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatk-patterned
polycarbonate plastic; 3/16 inch nominal thickness hammeredwire-glass; or 3116 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.
28
7-2.07 C4NTR4LLERS, CABINETS AND AUXILIARY E UIPMENT. The Contractor Q
.shall furnish an auxiliary output ale for the signal system.
.Load switches shall be Indicator Controls Corporation model 200.
Loop Detectors shall be Indicator Controls Corporation model 222. Loop detectors shall be 2-channel
digital, rack mounted with a serial port. Contractor shall also supply and install all necessary hardware to
connect the load switch and detectors and auxiliary output file for a fully operational system.
7-1.0$. DETECTORS. Detectors -shall conform to the rovisions in Section 86-5 "Detectors " of the P ~ ,
Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed
by the Engineer.
CONSTRUCTION MATERIALS:
.Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Construction
Materials," of the Standard Specifications and these special provisions.
Loop detector lead-in cables shall be Type B, and shall conform to the following:
Loop wires in the. pull box shall be twisted at a minimum rate of S turns ,per foot, and the.. lice must be
soldered and co lete orate ~ . mP ly, rproof. Connect one end of the shield to .earth .ground (at cabinet) and
insulate the other end Ruth no possible path to earth ground.
All spade connectors used to attach to terminals inside the controller cabinet shall be crim ed and P
soldered to the conductor.
INSTALLATION DETAILS: Installation details shall .conform to the rovisions in Section 86-5.01A
" p (5), :Installation Details, of the Standard Specifications and these special provisions.
Slots cut in the: pavement shall be blown out and dried before installing inductive loo detectors. p
.After conductors are installed in slots cut in the pavement, the slots shall be filled with e o sealant conformin to the re uirements in - " " P ~ •
g q Section 95 2.09, Epoxy .Sealant .for Inductive Loops, to within 1/8 inch of the pavement surface. The sealant shall be at least 1J2 inch thick .above the top conductor in the saw cut.
Before setting, surplus sealant shall be .removed from the. adjacent road .surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the followin materials: g
1. An elastomeric sealant conforming to Section 86-S.OIA (5} of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-5.01A (5} of the Standard
' Specifications.
Identification of each conductor pair shall consist of labeling the phase and detector slot number e.. - ,Y ( g
bJ2L, 8J8U, 3ISU, etc.} in .permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog
No. TY5532 or approved equal}.
Detector loops in concrete pads shall be sealed with epoxy sealant.
29
7-2.09 GUARANTEE. The Contractor shall furnish a written guarantee to the City on .the form
attached, guaranteeing all systems, except -traffic.signal lamps, installed under this contract fora ,period of one
(1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the
City before notice of completion.and ffinal acceptance is made by the City of the work described on the plans
and these special provisions.
7-2.10 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the. Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the
contract lump sum price .paid for the -item requiring foundations and no separate payment will be .made
therefor.
30
8040-41A-15
STATE OF CALIFORNIA
Specification
Asphaltic Emulsion Inductive Loop .Sealant
1.0 SCOPE
This. specification covers a one component, pourable sand filled, asphaltic emulsion for use in
sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use in freeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
. The following specifications, test methods and standards in effect on the opening dateof the
Invitation to Bid forma .part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992
State of California Specification8010-XXX-99 Inspection, Testing and Other Requirements for
.Protective Coatings
Code of Federal Regulations,.HazardousMatenals. and Regulations Board, Ref.
49CFR.
3.0 REQUIREMENTS .
3.1 Composition
The composition of the .loop sealant shall be a sand filled, pourable, water emulsified bitumen.
It will be the manufacturers responsibility to produce aone-component product to meet the
properties specified .herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by -evaporation, weight percent 70 Minimum
Use A~'TM D2939
3.2.2 Ash content, .weight percent 50 to 65
Use ASTM D2939
31
Asphaltic .Emulsion Inductive Loop Sealant ;8040-41A-15
r 3.2.3 Firm set time, hours, 4 maximum
test. at one hour intervals, use A~'TM D2939
W 3.2.4 Brookfield viscosity, Poise 50 to .125
RVT Spindle #3,10 RPM at 75 + 2"F.
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use A,STM D2939, except air dry specimens to cracks
constant weight at 75 5deg.F. and 50
10% relative humidity. Condition mandrel and
specimens 2 hours at 75 +I- 2deg.F. before test.
Use aluminum panels, 0.03 inches thick (Q panel or equal).
3.3.2 Tensile Strength, psi, 20 minimum
cast sheets 0.25 inches thick and air dry at
75 +I- Sdeg.F, SO +/-10% relative humidity
for minimum of 16 hours. Load rate 0.05
inches/minute, use ASTM D2523.
3.3.3 Elongation, % ~ 2.O minimum
Same conditions as 3.3.2 use AS'TM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum,
Use California-Test Method No. 434, Part VIII. Space with no oss
damp blocks with 0.25 .inches between slant faces, seal of adhesion to sides and bottom with tape and ~ with the well stirred concrete
sample, strike off the excess. Dry in 140deg.F oven to
.constant weight and condition 1 day at 75 2deg.F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering,
Use A.S'fM D2939, Alternative B re-emuls' 'cation or loss of
adhesion
3.4 Workmanship
3.4.1 The .sealant shall be properly dispersed and any. settling shall be easily redispersed with minimum
resistance to the sideways manual motion of a paddle across the bottom of the container. It shall
form a smooth ,uniform product of the proper consistency. If the material cannot be easily
redispersed due to excessive settlement as described above or due to any other cause, the sealant
shall be considered unfit for use.
32
.Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months
after acceptance and delivery. The vendor shall be responsible for all costs .and transportation
charges incurred in replacing material that is unfit for use. The properties of any replacement
material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of
acceptance and delivery.
3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of
California in effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
This material shall be .inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of
manufacture and application will not be permitted until the materiaihas been approved by the
Engineer.
S.0 .PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for .application.-The material shall
be furnished- in container size as specified in the ..purchase order or contract. R ordered in 5
gallon size he containers.. shall be .new, round standard full-:open head with' bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall-comply
with .the U.S. Department of Transportation or the Interstate Commerce Commission
regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batchnumber.
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal
Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
33
I
.Asphaltic ..Emulsion Inductive Loop Sealant 5040-41A•15
b.0 NOTES
6.1 Directions for .Use
Saw .cuts shall be blown clean with compressed air to remove excess water and debris. The sealant
must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not
recommended. Any cleanup of .road surface or tools can be done with water, before the sealant
sets.
6.2 .Patents
The Contractor shall assume all costs arising from the use of ,patented materials, equipment, devices, or .processes used on or incorporated in the work, -and agrees to indemnify and save
harmless .the State of California, and its .duly authorized representatives, from -all suits at law or
..action of every nature for, or on account of, the use of any patented materials, equipment,
devices or processes.
b.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordance with :the. provision of Section 6-1.07 of California Department of Transportation
:Standard Specifications, July 1992.
f
p
34
PROPOSAL FOR
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AT
MOHAWK STREET
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as
principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of
contract and the plans therein ref erred to; and he proposes and agrees if this proposal is accepted, that he
will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all
necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all
the materials in accordance with the plans and specifications for the above, filed in the office of the Finance
Director of the City of Bakersfield and as specified in the contract, in the manner and time therein
prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten (10) days, not including Sunday, after having received notice that the .contract is ready for
signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City
of Bakersfield.
Bidder acknowledges receipt of the following addendum:
The bidder shall clearly list any and all addenda numbers receeved for the project above and on the lower left
hand corner of the sealed bid return envelope.
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE
(in figures}
1. 290 SQFT Remove Pavement
Marking
2. 200 SQYD Cold Plane Asphalt
Concrete Pavement
3. 84 CY Roadway Excavation
SIGNED
Page 1 of 1
ITEM ESTIMATED UNIT OF ITEM UNIT EX'T'ENSION
N0. QUA,~fTITY MEASURE PRICE PRICE
(in Figures} (in figures} y
4. 15 TON Asphalt Concrete (Type B}
5. 230. SQFT Pavement Marking (White}
b. 720 LF Traffic Stripe (Detail 9)
7. 1080 LF Traffic Stripe (Detail 27}
8. 210 LF Traffic Stripe (Detail 38}
9. 1 LS Traffic Signal Modification
10. 3 EA Remove Roadside Sign
TOTAL BID ~
Company
Address
City State Zip Code
( )
Area Code Telephone Number
License No. and Expiration Date
SIGNED
Bidder
THE REPRESENTATIONSMADE HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Page 2 of 2
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit
Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all
Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Prices} and the respective
Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail,and the bid submitted shall be the
correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for
the item shall be used to determine the correct Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column shall
be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column shall
be divided by the estimated quantity for the item and the price thus obtained
shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal. on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or
labor or render service to the Contractor in or about the construction of the work or improvement in excess
of .one-half of one (1%} percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000),
whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be
completed and submitted with said bid proposal.
Subcontractor's Name Description of portion and Street Address ~Cit~, State_ Zip} of work subcontracted
(attach additional sheets if needed)
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMTITED WITH BID
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AT MOHAWK STREET
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 enuine g
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 a eed with
any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to
fix the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element. of the bid
price, or of that of any .other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not a ,
PY any fee to any corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
.Subscribed and sworn to before me
this_day of ,19_.
7'
To the State of California, Department of Transportation.
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106} A
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
refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication,
or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit,
or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed.
contract; that all statements contained in the bid are
true; .and, further, that the bidder has not, directly or indirectly, subnutted,,his or her bid price or .any breakdown
thereof,. or the contents thereof, or divulged information
or :data relative thereof, or paid,- and will not pay, any
fee to .any corporation, partnership, company association,
organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this
Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
39
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.
Licensed in accordance with an act providing for the registration of
Contractor's License No
e..............•..........
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the
officer or officers- authorized to sign contracts on behalf. of the corporation; 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 file with the City
Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular .and unauthorized.
Business Address
.
Telephone No.
•.........e ..................................................•r.........,....,.......••..............................,..........,............................,..........•..............................•
Place of Residence
Dated 19..... .
40
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body
olitic .and corporate of the State of California, in the sum of dollars
to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs,
xecutors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if .the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred
o in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above
unden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to
onstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ays (not including Sunday) from the date of a notice to the above bounden principal, that said contract is read for Y
xecution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
IN HESS WHEREOF, we have hereunto set our hands and
eals this day of ,19
(Seal
(Seal
(Seal
Page 1 of 2
41
e 1
STATE OF CALIFORNIA )
_ ) ss.
COUNTY OF )
On this day of ___,19_, before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the name of
thereto as surety, and his own name as Attorney in Fact.
IN ~1►~ITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public in and for said County and State
.SAMPLE S AMPLE
AGREEMENT N0.
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE
AT MOHAWT~ STREET
THIS .AGREEMENT is made and entered .into on band ~Y
between he CITY OF BAKERSFIELD, a municipal corporation, referred to herein as
ttCITY" .and ,referred to herein as "CONTRAC'T'OR."
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is a erienced-and ~ -well qualified m he :field of ;and
WHEREAS, CITY desires to em to CONTRACTOR to p Y
as set forth herein.
N4W, THEREFORE, inco - oratin the fore oin recitals herein CITY and ~ g g g , CONTRACTOR mutually :agree as follows:
1.SCOPE OF WORK. The sco a of work is described as:
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The scope of work -shall include all items and procedures necessary to -properly -..complete the task CONTRACTOR .:has been .hired to
perform, whether specifically included in the sco a of work or not.
p
The following shall be deemed to be art of this a reement as if full set forth
p g y herein:
1. Notice to Contractors
2. :..Special Provisions
3. .Bid Proposal
4. Bidder's Band
S. .Performance Bond
b. Material and Labor Bond
7. .Letters of transmittal, if any
8. All. provisions required bylaw to be inserted in this contract whether
ctually inserted or not.
9. Hold Harmless Agreement
10. Current State of California DAS 140 Form
(if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services
performed under .this Agreement as .follows:
. The compensation set forth in this paragraph r
shall be the total compensation for the services provided by CONTRACTOR, including all
out-of-pocket costs incurred. CITY shall pay no fee other than the compensation listed in
-this paragraph unless otherwise agreed to in writing by the CITY.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered of ter receipt of an itemized invoice f or the work completed and approved by-CITY
in accordance with the terms of this Agreement. Payment by CTI'Y to CONTRACTOR
shall be made within forty-five (45} days -after receipt and approval by CITY of
CONTRACTOR's itemized invoice.
. .
4. WAIVER OF DEFAULT. The failure of any party to enforce against
another a provision of this Agreement shall not consfitute a waiver of that party's right to
enforce such a -.provision, at a .later time, and shall not serve to vary the terms of .this
Agreement.
5. ATTORNEY'S FEES. In any action arising -from or related to the
terms of his Agreement, the prevailing party shall be entitled to recover its attorneys' fees
and court costs and other. nonreunbursable litigation expenses, such as expert witness fees
and investigation expenses, whether or not such action proceeds to judgment.
- 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep
m effector obtain at all times during the term of this Agreement any licenses,-permits and
approvals -which are legally required for CONTRACTOR to practice its profession.
7. LITIGATION. In the event litigation is commenced involving this
contract, CONTRACTOR, at the request of the CITY, shall assist CITY in the litigation.
8. ~ STANDARD OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a .competent
practitioner of .the profession in California.
9. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations.
This contract maybe modified only in a writing approved by the City Council and signed
by all the parties.
10. EXHIBITS. In the event of a conflict between the terms, conditions
or operations set forth herein and those in exhibits attached hereto, the terms, conditions,
or specifications set f orth herein shall prevail. All exhibits to which reference is made in
this Agreement are deemed incorporated in this Agreement, whether or not actually
attached.
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11. CONFLICT 4F INTEREST. CONTRACTOR stipulates that
corporately or individually, the firm, its employees .and subconsultants have no financial
.interest in either the .success or failure of any project which is dependent on the results of
the .studies prepared under this Agreement
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12. TERMINATION. This Agreement may be terminated by any party
upon ten (10) -days written notice to all other parties.
13. COMPLIANCE WITH ALL LAWS. CoN~rRACTOR shall, at
CONTRACTOR'S sole cost, comply with all of the requirements of Municipal, State, and
Federal authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe. in all activities relating to or growing out of this
Agreement all Municipal ordinances and State and Federal statutes, .rules or regulations
now in .force or which may hereafter be in force.
14. INDEPENDENT CONTRACTOR. This, Agreement -calls for the
..:performance of he services of CONTRACTOR as an independent contractor, and
CONTRACTOR will not be ..considered an employee of the CITY f or .any purpose and is
not entitled to any of the benefits provided by CITY to its employees. This Agreement
shall not be construed as forming a partnership or any other association with
CONTRACTOR other than that of an independent contractor. CONTRACTOR shall have no authority beyond that given in this Agreement to act on behalf of CITY as an agent nor
to bind CITY. to any obligation not expressly authorized herein.
15. INSURANCE. In addition to any other form of insurance or bond
required under the terms of this Agreement, the CONTRACTOR shall procure and
maintain for the duration of this Agreement the following types and limits of insurance,
-otherwise referred to as "basic insurance requirements":
a. Automobile liability.. insurance, providing coverage on an occurrence
-basis for bodily .injury, including death, of one or more persons,
property damage and personal injury, with .limits of not less than. One
Million Dollars $1,000,000 per occurrence; and
~ )
b. Broad form commercial general liability insurance, providing coverage
on an occurrence basis for bodily injury, including death, of one or
more persons,. property damage and personal injury, with limits of not
less than One Million Dollars ($1,000,000) per occurrence; and
c. Workers' compensation insurance with statutory limits and employer's
liability insurance with limits of not less than One Million Dollars
$1,000,000 er accident.
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Insurance is to be placed with insurers -with a Bests' rating of no less than
A:VII. This requirement may be waived at the CITY'S sole discretion.
A11 policies required of the CONTRACTOR hereunder shall be primary
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.insurance as respects the CITY, its ma or, council, officers, a eats, em to ees and Y g pY
volunteers and any insurance orself-insurance maintained by the CITY, its mayor, council,
officers, agents, employees and volunteers -shall be excess of the CONTRACTOR's
insurance .and shall not contribute with it.
The automobile liability policies shall provide coverage for owned, non-owned
:.and hired autos.
The liability policies 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.
The workers' compensation policy shall contain a waiver of subrogation
endorsement in favor of the CITY, its mayor, council, officers, agents, employees .and
volunteers.
All policies, shall contain the :following endorsement: An .endorsement
providing the CITY. with thirty X30) days' written .notice of cancellation or material change
in policy language or terms. All policies shall provide that there shall be continuing liability
thereon, notwithstanding any.: recovery on any policy.
The insurance required under this agreement .shall be maintained .until all
work required to be perf ormed under the terms of this agreement is satisf actorily completed
as evidenced by f ormal acceptance by the CITY.
All costs of ::insurance required under this agreement shall be included in the
CONTRACTOR'S bid, and no additional allowance will be made for additional costs which
:maybe .required by extension of the insurance policies.
The CONTRACTOR shall f urnish the City Risk Manager with a certifficate
of insurance and, if requested, copies of endorsements or all insurance .policies evidencing
the insurance required under this Agreement. The CITY may withhold payments to
CONTRACTOR if -certificates of insurance, endorsements, or copies of policies required
in this Agreement have not been provided.
Any deductibles, self-insured retentions or insurance in lesser amounts, or lack
of certain types of insurance otherwise .required by this Agreement of the CONTRACTOR,
-must be declared to and approved by the CITY.
However, unless otherwise approved by the CITY, if any part of the work
under this Agreement is subcontracted, the "basic .insurance requirements" set forth
hereinabove shall be provided by or ~ on behalf of all subcontractors even if the CITY has
approved .lesser .insurance requirements f or CONTRACTOR. CONTRACTOR shall be
responsible for determining and guaranteeing all subcontractors are insured as set forth in
this paragraph.
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16. INDEMNITY. CONTRACTOR shall indemnify, defend .and hold
..harmless CITY, its officers, agents and employees against any and all liability, claims,
-.actions, causes of action or demands whatsoever against them, or any of them, for injury to
or -death of .persons or damage to property arising out of, connected with, or caused by
.CONTRACTOR, CONTRACT~R's employees, agents, subcontractors, or independent
contractors or companies in the performance of, or in any way arising from, the terms and
provisions of -this Agreement whether or not caused in part by a party indemn' 'ed
...:hereunder.
Contractor's duty to ,defend includes the duty to pay all costs of defense
including,. but ~ not limited to, reasonable attorneys' f ees.
17. EXECUTION. This Agreement is effective upon execution. ~t is the
product of negotiation .and therefore shall not be construed against any party.
18. NOTICES. All notices relative to this Agreement shall be given in
writing and -shall be sent by certified or registered mail and be effective upon depositing in
the United States mail. The parties shall be addressed as follows, or at any :other address
designated by ..notice:
CITY: CITY OF BAKERSFIELD
.:PUBLIC WORKS DEPARTMENT 1501 Truxtun Avenue
Bakersfield,. California 93301 .
CONTRACTOR:
19. FORUM. Any lawsuit pertaining to any matter arising under, or
rowing out of, this contract shall be instituted in Kern County, California.
g
-Z0. ASSIGNMENT. This contract shall not be assigned by any party, or
any party substituted, without prior written consent of all the parties.
Zl. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assigns.
22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps,
photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant
to the terms of this Agreement, shall, upon preparation, become the property of the CITY.
. 47 _
Z3. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation .pertaining to .the costs incurred in e .,performance of this Agreement. Such records and documentation .shall be -.kept at
CON'TRACTOR's office during the period of this .Agreement, and after the term of this
Agreement for ~ period of three .years from the date of the final payment under this
v Agreement, .and shall be made available to CITY representatives upon re uest at an time q Y
.during regular business. hours.
:24. CORPORATE AUTHORITY. Each individual executin this g
Agreement represents -and warrants that he/she is duly authorized to execute and deliver
phis Agreement on behalf of the corporation or organization .named herein, and that this
Agreement is binding upon said corporation or organization in accordance with its .terms.
25. TAX NUMBERS.
CONTRACTOR's .Federal Tax ID Number
Is CONTRACTOR a :corporation? Yes_ No_.
(Please -check one.)
r
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IN WITNESS WHEREOF, the parties hereto have caused this. Agreement to
be executed, the day .and .year first-above written.
''C~" +'CONTRACTOR"
CITY OF BAKERSFIELD
By - - By
BBB :PRICE
Mayor . _ _ _ .
-Title
. APPROVED AS TO FORM:
JUDY K. SKOUSEN
City. Attorney
:By
ROBERT M. SHERFY
Assistant City Attorney . _
APPROVED AS TO CONTENT:
B y~^~~,~.
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By
GREGORY J. KLIMKD
Finance Director
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GUARANTEE
T1~AFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD .
.Department of Public-Works z 1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
y In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AT MOHAWK STREET,
awarded on . ,between the City of Bakersfield (hereinafterreferred to as the City), and the undersigned, whichcontract provides forthe installationof li~htin~ andlor traffic si~n,_al sys~stem , and.under which contract
the undersigned has :furnished and installed such system, the following guarantee of the said system is herebymade.
Should any of he equipment installed pursuant to said contract, except lighting. elements, prove .defective or
should ,the system as a whole prove defective, due. to faulty workmanship, material furnished, or method of installation,
or should said system or any .part thereof fail to operate properly, as planned, due to any of the above causes, all ;within (1) year after date on which aid contract is accepted by, the _City, the undersigned agrees to reimburse the City, upon
demand, for-Nits expenses incurred in restoring said systems to the condition contemplated in said contract, including the
cost of any equipment or materials replaced, or, upon demand by .the City, to replace any such. equipment and repair said
systems completely without cost to the City, so that they will operate successf ully 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 he 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'Pwenty-Four (24) hours of the date specified in the
City's written notification. Contractor shall :prosecute with due diligence to complete the work within a reasonable period
of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said
contract.
Date Contractor's Signature
.Firm
Address
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GU E
MATERIAL AND WORI~VIANSHIP
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA .93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AND MOHAWK STREET
' .awarded on , .between the City or Bakersfield (hereinafter referred to as "City"), and the
undersigned, which contract provides f-or the
:installation ,and other f acilities and under which
contract the undersigned has installed. such facilities, the following guarantee of the said facilities is hereby made:
When the project is -completed and accepted, we guarantee the same to be free from imperfect workmanship and/or
materials, and we agree to repair and/or replace at our own -cost and expense, any and all such work, and/or materials
which may prove defective in workmanship or materials within a periodof one.. (1) year:.-from the .date of acceptance of
the above named construction project, ordinarywear 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 wenty-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 ' 'genre, .all work.
necessary to fulfill the terms of .this guarantee and to:.complete-the-work within a .reasonable period of :time, and in the
.event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's
representative, or the agent of :either of .them, o proceed to have such work done- at our expense and we will honor and
:pay the cost and charges therefor upon demand.
Thisguarantee is -made expressly for. and runs to the benefit of both the City of .the above mentioned construction
project and the City's. representative, and shall be enforceable by either of them.
DATE Contractor's Name
Authorized Signature
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HOLD HARMLESS AGREEMENT
CITY OF RAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the
City of BakersTield, its agents, employees or any other. persons against loss or expense including attorneys fees,
by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage
because of bodily injury, including death at any .tune. resulting therefrom, sustained by any person or persons, or
on account of damage to property arising out of or in consequence of .
(Agreement name}
IT IS FURTHER UNDERSTOOD .AND AGREED that the Contractor shall (at the option of the
City), defend -the City ofBakersfield with appropriate counsel and shall further .bear all costs and expenses,
including the expense of counsel, in the defense of any suit arisinghereunto.
DATED
Contractor's Name
Authorized Signature
52
jTo be completed by-the Contractor, if he elects to substitute secu~ties in lieu of retention j.
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 A ent a ree as follows: g g
1. Pursuant to Section 22200 of the Public Contract Code ofthe -State of California, Contractor has the o tion
p 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 a `
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 securi~es at the. time of the substitution shall be at least equal to the cash amount.then required to be withheld as retention under the terms of the Contract
between the Owner and Contractor. Securities _ shall be held in the name of
,and .shall .designate the. Contractor as the. beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow A ent hold securities in the g
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.
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~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 lime
q and from dime 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 o be withdrawn by Contractor.
7. TheOwner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven
(l} days' written- nofice 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) o ~6~, inclusive, of this agreement and the Owner and Contractor shall-hold Escrow Agent harmless from Escrow
:Agent's release and disbursement of the securities and interest asset forth above.
10. The names of the personswho 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 Contractor:
Title Title
Name Name
Signature Signature
a~
Address Address
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54
k
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, _
tN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set
forth above.
Owner Contractor
Title Tide
Name Name
Signature Signature
s~
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55
FAITHFUL PERFORMANCE BOND
KNOUV ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the-CITY OF BAKERSFIELD,California, a municipal corpora~on, 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 ofthe State of California, hereinafter designated as the "Principal,":a contract
fcr the TRAFFIC SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AT MOHAWK STREET; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond .for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and CLEAVE BLANK FOR
BONDING'COMPANY), as Surety, are held and firmly bound unto the Owner in the, sum of_(1~% 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 1S 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, ~e 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 he 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 timeif the abovementioned Principal, his or its heirs, executors, administrators, successors, or assigns
shall fail tomake-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. J
Page 1 of 2
56
t
And the said Surety, :for .value received, hereby s~pulates and agrees that no change,
extension of .time, alteration, or addition to the terms of the contract or to the work to be performed
s 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.
`~4s 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.
1N 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 o authority of its .,governing body. .
Principal
(Seal) Signature for Principal T'~le
.:Surety
(Seal) Si nature for Sure Title g tY
Attach notarization form for each required signature.)
Page 2 of 2
57
MATERIAL -LABOR BOND
F:
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
'Owner," has, on DATE OF COUNCIL MEETINGS ,awarded to
~N~,AME,.OF CONTRACTORI
hereinafter designated as the "Principal," a contract for the construction of
TRAFFIC :SIGNAL AND MEDIAN ISLAND MODIFICATION ON TRUXTUN AVENUE AT MOHAWK
STREET. ' 0
. WHEREAS, said Principal is required to furnish a bond in connection and with said
.contract, .providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, .provisions, or other supplies .used in, .upon, .for, or about the performance of the work
contracted to be done, or for any work or labor- done thereon of any kind, the Surety of this bond will
pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANY) , as Surety, are held and firmly bound unto the -Owner the penal sum of 50%
OF AMOUNT AWARDED AT COUNCIL MEETING). dollars lawful money of the United
States, for the payment of which sum-well and truly to be made, we bind ourselves; our heirs, executors, administrators, and successors, jointly and severally, .firmly by these
presents.
THE CONDITION OF THIS .OBLIGATION ISSUCH, 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 andin the .manner therein-specified, and in all respects according o 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 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.
58
And the said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the Germs 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 onto .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 ids undersigned representative,
pursuant to authority of its .governing body.
Principal
(Seal) Signature for Principal Title
Surety
(Seal) Signature #or Surety Title
(Attach notarization form for each required signature.}
Page 2 of 2
59
This form should be sent to the Joint Apprenticeship Committee of the waft or tn~de in the area of the site of the public work If
you have any questjons as to the address of the .appropriate PIJB~IC WORKS
• Joint Apprenticeship Committee, contest the nearest office of CONTRACT AW R
the Division of Apprenticeship Standards (DASD. Consuti your A D INFORMATION t~ephone ctirec;tory under California, State of, Industrial
Relations for the DAS office in your area.
NAME OF CONTRACTOR CONTRACTOR'S STATE LICENSE N0.
CONTRACTOR'S MAlLINO ADDRESS»NUMBER ~ STREET, CITY, ZIP CODE AREA CODE do TELEPHONE N0.
d~ LOCATION OF PUBLIC WORDS PROJECT DATE OF CONTRACT AWARD
DATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME A ADDRESS OF PUBLIC A4ENCY AWARDINt~ CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
APPRENTICES •
OCCUPATION OF APPRENTICE NUMBER TO' BE EMPLOYED APPROXIMATE DATES TO BE EMPLOYED
Check One Of The Boxes Below:
eoX ~ i _ i We request dispatch of apprentices} for this job. We voluntarily choose to cx~mp with the a licaable Joint IY pP
Apprenticeship Committee Standards for the duration of this: job only,. in training the apprentices~s). We assume no :other obligations to the committee or unions ..under State or Federal Taws.
Box 2 i - ~ We .request dispatch of apprentices} for this job. We do not wish to follow the applicable Joint
Apprenticeship Committee Standards in .training the apprentices; instead, we agree to employ. and train
apprentice(s) in accordance with the California.Apprenticeship Council regulations governing employment of
apprentices on pubNc work projects. We assume no other obligations to the committee or unions under
-State or Federal laws.
Box 3 i _ i We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards.
Box 4 ~ _ i We do not request .the dispatch of apprentice(s) since apprentices are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signature
Typed Name
Title Date
State of California Department of Industrial Relations
DAS 140 (New 1/90? DIVISION OF APPRENTICESHIP STANDARDS