HomeMy WebLinkAbout1995 Special Provisions Project 41006COPY N0.
CITY OF BAKERSFIELD
a
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL AND LIGHTIlVG SYSTEM ON
GALLOWAY DRIVE AT MEACHAM ROAD
BID OPENING:
DATE J1JNE 21,1995
TIlI~IE 11: ~00 A.M.
PROJECT NO.41006
e~~~~ L.
DEPARTMENT OF PUBLIC WORKS ~ ~
CITY OF BAKERSFIELD
1501 TRUXTUN AVENUE ~ No. 46119
B R FIELD A 93 3 0 ~ ~XA. y ~ AKE S C 1
Telephone: (805) 326-3724 ~ ~~q ~l VI1. rFO~ i~o~
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer,
City Ha11,1501 Tn~xtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on June 21, 1995 to be publicly
opened and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACHAM ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the
Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00) for each complete set. Refund of deposit
will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21)
days from date of bid opening and the documents are in reasonable good condition. The City assumes no
responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's
responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form fiu~nished by the Purchasing Officer, which
appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with
the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications.
Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the
said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work
described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the
provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand
deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of
Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract
is awarded.
The work completed shall be done in accordance with the Standard Specifications of the Department of
Transportation, Business and Transportation Agency, dated July, 1992, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the .California Labor Code (Section 1720 et seq.) the Contractor shall
not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California
.Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at
the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of installing a traffic signal and lighting system with
permanent count station.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1. DEFINITIONS AND TERMS
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard
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.OZ DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of
the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and
meaning shall be as follows:
City -City of Bakersfield, California.
Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents
acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to .test materials and work involved in the
contract.
Standard Specifications -Standard Specifications of the Department of .Transportation, Business,
Transportation and Housing Agency, dated July, 1992.
State -The City of Bakersfield.
State Contract Act - .Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not
apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions,
shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will
receive at her office, City Ha11,1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on June 21, 1995 sealed
proposals for
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACHAM ROAD
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of
Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the
work that maybe deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF
WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the
submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, .incomplete bids, erasures or irregularities of any kind. Proposals in which the prices
obviously are unbalanced maybe rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals must give the prices .proposed .and must be signed by the bidder, with his address. If the proposal is made by an
individual, his name, telephone number and post office address must be shown. If made by a firm or partnership, the
name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the
proposal must show the names of the state under the laws of which the corporation was chartered and the names,
titles, and business addresses of the president, secretary and treasurer.
2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall ~be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten
.percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed
therewith.
2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed
therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work
in the amount of ll2 of one percent of his total bid or $10,000, whichever is greater, in .accordance with the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to
observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE
Subcontractors after the opening of the proposals for projects utilizing Federal funds.
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2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in
the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly
or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished
or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or
performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or
specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time
fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing
Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a
bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time
fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn
after the time 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 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder
claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the
opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 37b, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of conviction, any person
from bidding upon, or being awarded, a public works or services contract with the agency under this part or
from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance
of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100,
including for the purposes of this article, the Regents of the University of California or the Trustees. of the
California State University. A state agency may determine the eligibility of any person to enter into a
contract under this article by requiring the. person to submit a statement under penalty of perjury declaring
that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which
such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing
that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously
are unbalanced maybe rejected.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder.
The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and
capacity of low bidder to satisfactorily perform the proposed work.
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3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within fo -five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
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3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an
admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedures.
One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in
an amount a ua1 to one hundred percent (100%) of the contract price. The other of the said bonds shall be in an q
amount of ercent (50%) of the contract price and shall guarantee payment to laborers, mechanics and material gyp
workers em to ed on the job under the contract and shall be in the amount and satisfy the requirements specified in Py Section 3248 of the California Civil Code.
Whenever an surety or sureties on any such bonds, or on any bonds required by law for the protection of Y
the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or
sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds
or additional sure ,not exceeding that originally required, as is considered necessary, considering the extent of the
work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successfial bidder and
returned, to ether with the contract bonds within ten (10) days, not including Sundays, after the bidder has received g
notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution
of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield,
California.
Failure to execute a contract and file ~ acceptable bonds as provided herein within ten (10) days, not
includin Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the g
cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the contract, .the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making
the award. All other proposal guarantees will be held until the contract has been finally executed, after which they
will be returned to the respective bidders whose proposals they accompany.
SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of
Work," Article 8-1.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 after receiving written notice to proceed. The
Contractor shall diligently prosecute the same to completion before the expiration of 35 working days.
Contract working days will commence from the date the Contractor begins work or the 15th calendar day
from the date of the written notice to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $200 00 per day for each and every calendar
day's delay in finishing the work in excess of the number of working days prescribed above.
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Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor.
The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical
_ materials required for this contract has been received and accepted by said vendor, and said statement ,shall be
furnished within fifteen (15) calendar days from the date of the contract. Said statement shall show the date or dates
the electrical materials will be shipped.
No work shall begin on the project without prior written approval of the Engineer until all components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and
will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in
completion of the work caused by manufacturing time should approval be given to begin prior to delivery of all
signal system components. The number of days extension shall be the working days between the date as determined
according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the
Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will
order start of work in writing.
SECTION 5. GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and
9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of
the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public
Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to
arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an
amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds
twenty-five percent (25%) of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the
following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be
approved by the Engineer before any work involving these plans shall be performed, unless approval is
waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following
paragraph after the first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer.
If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the
finished work.
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.
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Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the first paragraph:
whenever the Contractor varies the period during which work is carried on each day, he shall give due
notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any
subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that
Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in
said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of
the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem
wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this
project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for
inspection in the Public works Department. The schedule is incorporated herein by this reference. The City shall
have the right to inspect payroll records during normal working hours and shall have the right to question workers at
any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to
investigate conformance with the wage provisions of this contract.
Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the
amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight (8) hours per day or more than forty (40) hours per week, except as
provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-I.OIA(3), "Payroll Records," of the
Standard Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-I.OIA(4}, "Labor
Nondiscrimination," of the Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act
(Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and
Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment
opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.OlA(5), "Apprentices," of
the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code
Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all
Subcontractors shall submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORxS." This request shall be submitted
to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
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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
r apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division, within
two (2) working days following the bid opening.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows:
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in depth, the Contractor or
his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of
shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the
trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer.
If such plan varies from the shoring system standards established by the Construction Safety Orders of the
Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less
effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its
employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same meaning as in
Labor Code Sections 1720 and 1722 respectively,
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control .shall conform to the provisions in
Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not
exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for
complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not
limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of
loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection
of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the
prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 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 lawfiil 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 thr_ ouch Friday. Any deviations must be requested and in writing and directed to the Construction Engineer
at the Pre-Job Conference. Written approval from the Construction Engineer is required for work beyond these
limits. Any time work proceeds, which requires inspection services for more than an eight (8) hour work day, or
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on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be
withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and
future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any
manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect
the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority
over the same.
5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been
filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow
any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and
approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any
deductibles under all required insurance policies.
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law
or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees
or subcontractors under the terms of this agreement and shall execute and return with the executed contract
documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto.
5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of
this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, properly damage and personal injury, with limits of not less than one million
($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of
one or more persons, property damage and personal injury, with limits of not less than one million
($1,000,000) per occurrence. '
The liability policies shall provide contractual liability coverage for the terms of this agreement.
The liability policies shall contain an additional insured endorsement in favor of the City, its mayor,
council, officers, agents, employees and volunteers;
Workers' compensation with statutory limits and employer's liability insurance with limits of not less than
one million ($1,000,000) per accident.
The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.
All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor,
council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the
City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
All policies shall contain the following endorsements:
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An endorsement providing the City with thirty (30) days written notice of cancellation or material change in
policy language or terms. '
If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of
the subcontractors to cover their operations.
The insurance required under this agreement shall be maintained until all work required to be performed
under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which maybe required by extension of the insurance
policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide
the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165,
"Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City
Qrdinance 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
rovide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified p
in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon
receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City
Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ
the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such
manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work
or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against
the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the
Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not
release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price,
arising from the suspension of the operations of the contract and the completion of the work by the City as above
provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion
as determined by the Engineer have been paid.
.t
In the determination of the question whether there has been any such non-compliance with a 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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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
necess ,due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of
the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until
ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07, "Payment
After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the
work. ,
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article
9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of
any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including
but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials 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 previous payments and all amounts to be kept and all amounts to be retained under the provisions of
the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and
payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the
"NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the
Contractor of the attached GUARANTEE when applicable.
It is mutually agreed between the parties to the contract that no certificate given or payments made under
the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed
to be an acceptance of any defective work or improper materials. ,
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And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the
City Council, and the Engineer from any and all claims or liability on account of work performed under the contract
or any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following
paragraphs of the Standard Specifications is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT".
Third paragraph of Section 24-1.11, "PAYMENT".
Tenth paragraph of Section 39-8.02, "PAYMENT".
5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and
subcontractor's well-being and their education of handling hazardous materials when hazardous materials are
encountered during this project.
SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of
Materials," of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples
of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in
the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized
.standards of national organizations, and such special methods and tests as are prescribed in the specifications.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any .borrow or disposal sites
used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the
Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply
within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of
final inspection of the contract, they will drain, will blend with surrounding. terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having
jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict
with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern
over the conflicting requirements of this section provided the permit requirements have been approved by the
Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this
section shall be considered as included in the contract prices paid for the items of work which require the use of the
sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of
Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, y prior to sampling and testing, if accompanied by a Certificate of Compliance.
SECTION 7. CONSTRUCTION DETAILS
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SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, °'Order of
Work," of the Standard Specifications and these special provisions.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into operation.
Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic.
Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective
traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be
the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as
included in the prices paid for the contract items of work that obliterated the existing delineation and no separate
payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole (max. 1" dia.) in front of each signal indication. The covers shall remain
in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal control
shall be completed and all signs shall be in place.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements that are to
remain in place within the construction area or that are to be relocated and relocation operations have not been
completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and 7-1.12,
"Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities
and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction .area shall be ascertained by the
Contractor before using equipment that .may damage such facilities or interfere with the services. Other forces. may
be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The
Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary
delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such
delays maybe allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the
Contractor shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and current
operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The
Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and
replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to
damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in the
area for the duration of irrigation interruption.
Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will be
the responsibility of the Contractor to provide for handling of said water and any expense involved shall be
15
considered as included in the prices paid .for the various items of work and no additional allowance will be made
therefor.
Except in the case of extra work, full compensation for conforming to the requirements of this article shall
be considered as included in the prices paid for the various items of work and no additional compensation will be
made therefor.
7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags
and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set
forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of
Work Upon Highways," published by the State of California, Department of Transportation. Application and use of
devices shall be as 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.
Street Direction of Travel H_
GALLOWAY DRIVE BOTH 8:30 - 4:30
MEACHAM ROAD BOTH 8;30 - 4:30
Where construction operations are actively in progress, a minimum of one traffic lane shall be open for use
by public traffic. Where construction operations are not actively in progress not less than two lanes shall be
open for use by public traffic. Public traffic 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.
7-1.04 TRAFFIC DELINEATION. Immediately after any construction where delineation is obliterated or
when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during the
same work period, and in no case later than 7;30 a.m. following such work period.
16
Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on curves.
Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must be
the same color as the permanent delineation.
Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic
emulsion tackcoat for asphalt concrete overlay.
A striping plan will be made available to the Contractor when traffic delineation is to be modified by the
City.
PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid for
the various items of work, and no separate payment will be made therefor.
7-1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing
facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to
construction.
Existing City highway signs and street markers shall be placed in their permanent position by the
Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the
City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of the two preceding. paragraphs shall
be considered as included in the prices paid for the various items of work and no additional allowance will be made
therefor.
7-1.06 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement
markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by
any method .that does not materially damage the surface or texture of -the pavement or surfacing. Where blast
cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area that is open to public traffic. Sand or other
material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work
progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a
hazard to traffic will not be permitted.
Traffic stripes shall be removed before any change is made in the traffic pattern.
Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement
markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old
message cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance with
the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the~following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to
irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal
area.
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In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
Full compensation for furnishing and applying fog seal coat as specified herein shall be considered as
included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no
separate payment will be made therefor,
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in
Section 7-1.09, "Public Safety," of the Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the width
of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be
measured as painted traffic stripe. Quantities of pavement markings removed will be determined by the actual size
of the rectangle measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area of
authorized stripe removal.
The contract unit price per square foot for Striping and Marking Removal shall include full compensation
for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing
striping_ as shown on plan and as directed by the Engineer.
7-1.07 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside
Signs," of the Standard Specifications and these special provisions.
Miscellaneous roadside signs shall conform to City Standard T-19. -Where sign posts are placed within
concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted
provided that the perimeter of the damaged area is sawcut to the limits required to form a neat finish as directed by
the Engineer. Signs shall be installed as shown on the plans. Sign panels shall be mounted on posts with Hawkins
M2G series bolt and vandal proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located
within sidewalk 6" from back. Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
Warning and Regulatory signs panels shall be mounted on posts with Hawkins MZG series bolt and vandal
proof nut assembly or equal. Roadside signs installed per Std. T-19 shall be located within sidewalk 6" from back,
-Signs mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut
assembly..
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per
unit for Roadside Sign (GSP Post).
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP
Post).
7-1.08 INSTALL ROADSIDE SIGN PANELS ON EXISTING POSTS. Roadside sign panels shall be installed on existing posts at the locations shown on the plans or where directed by the Engineer and in conformance
with the provisions in Section 56-2.04, "Sign Panel Installation," of the Standard Specifications and these special
provisions.
Sign panels shall be furnished by the Contractor.
Sign panels shall be mounted on existing posts with Hawkins M2G series bolt and vandal proof nut l assembly or equal.
MEASUREMENT AND PAYMENT. Installing roadside sign panels on existing posts will be paid for as
units determined from actual count in place.
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The contract unit price paid for install roadside sign panel on existing post shall include fill compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing
roadside sign panels on existing posts, complete in place, as shown on the plans, as specified in the Standard
Specifications and these special provisions, and as directed by the Engineer.
7-1.09 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56,
"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 signs will be furnished and installed by City of Bakersfield using mast-arm hanger methods
such as Hawkins MIOJ 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.
7-1.10 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15,
"Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-
Made Objects," of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material :Outside the Highway Right of Way," of the Standaxd Specifications.
MEASUREMENT AND PAYMENT. Full compensation for conforming to the requirements of this
article shall be considered as included in the various items of work and no additional compensation will be made
therefor.
7-1.11 TRAFFIC STRIl'ES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement 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 Specification 8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Striping Detail specified.
Striping Details are referenced in the bid items, the plans and the Standard Plans.
7-1.12 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
Detail 3 8
Pavement maxkers shall be Stimsonite Model 948 Glass Faced Pavement Marker or equal and they shall be
in accordance with the State Specifications.
Pavement markers shall be cemented to the pavement surface by hot melt bituminous adhesive.
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PAYMENT. Pavement markers shall be included in contract price per lineal foot of various Striping
Details, specified as bid items, and on the plans, and no additional compensation will be made there for.
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
r
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations,"
of the Standard Specifications and these special provisions.
The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall
furnish the appropriate nuts and washers for existing foundations to be reused.
when foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03,
"Foundations", shall be amended to read:
when foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed to
a depth of not less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be
backfilled with material equivalent to the surrounding material.
7-2.02 STANDARDS, STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall
conform to the provisions in Section 86-2.04,, "Standards, Steel Pedestals and Posts", of the Standard Specifications
and these special provisions.
A pull rope shall be installed in all mast arm poles from the hand hole at the pole base up through the
signal mast arm to the farthest head. A second pull rope shall be installed in all mast arm poles with luminaires from the .hand hole at the base of the pole up through the luminaire arm to the lumnaire. The pull rope shall be
nylon or polypropylene with a minimum tensile strength of 500 pounds. At least 2 feet of pull rope shall be doubled
back into the pole or arm at each termination.
7-2.03 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard
Specifications and these special provisions.
Conduits may be installed by either jacking/drilling or open trench methods except that trenching will not
be allowed in sidewalk areas. Installation using jacking or drilling shall conform to Section 86-2.OSC, "Installation,"
of the Standard Specifications. Open. trench installation shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench
not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be
removed from the bottom of the trench prior to placement of conduit. The trench shall have a minimum of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a one
(1) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement surface.
The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and
aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall
be performed by any method which will produce an asphalt concrete surface of uniform smoothness, texture, and
density.
4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary
roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed.
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Conduits installed under sidewalk shall be jacked or drilled. Remove and replace complete sidewalk panels
to nearest seam or scoreline if pits in sidewalk area for jacking/drilling are necessary. Removal and replacement of
entire sidewalk area for jacking/drilling pits is also allowed.
- Dependent upon adverse soil conditions or other circumstances encountered at the time of construction, the
Engineer may specify which of the above methods may be used.
7-2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the
Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.05 CONDUCTORS AND WIltING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except lighting,
camera detection and between the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan
ES-13.
Splices shall be insulated by "Method B."
7-2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the
Standard Specifications and these special provisions.
Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 70 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers:
No. Amps Phase Volts Branch Metered
1 60 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
3 15 1 110 Count Station Yes
The Engineer will arrange with the serving utility to complete service connections to service points shown on
the plans and will pay all required costs and fees required by the utility.
7-2.07 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard
Specifications and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall .conform to the provisions is Section 86-2.14C
"Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in
SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of
these special provisions.
7-2.08 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as
shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal
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Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications and these special provisions.
Housing, visors, directional louvers and Backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze orhot-dip galvanized ductile iron.
7-2.09 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05,
"Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and
two light sources, each consisting of luminous tubing and power supplies for-the luminous tubing.
The message plate shall be 118 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
polycarbonate plastic; 3116 inch nominal thickness hammeredwire-glass; or 3/16 inch nominal thicknessultraviolet-
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 86-4.05B, "Front Screen", of the Standard Specifications.
7-2.10 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High
Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as
shown on the plans.
An in-line fuse shall be located in the pull box.
7-2.11 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in
Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectrical control,
7-2.12 CONTROLLERS, CABINETS AND AUXII~IARY EQUIPMENT. The City will fi~rnish the
controller and cabinet assembly for each location. The central pad on the Foundation Detail in State Standard Plan
ES-4B shall be increased from a height of 3.5" to a height of 12".
22
7-1.13 DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the
Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the
Engineer.
CONSTRUCTION MATERIALS:
Loop detector lead-in cables shall conform to the provisions in Section 86-S.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:
Loo wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be p
soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other
end with no possible path to earth ground.
All ade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered
to the conductor.
or Loo detector lead-in cable shall be Type D where shown on Plans or at the discretion of the Contractor, and p
shall conform to the following:
T e D lead-in cable shall consist of 4 No. 18 stranded copper conductors with color coded polypropylene
yp insulation (red-green and black-white). The conductors shall be twisted together with 6 turns per foot and protected
with an aluminized polyester shield. The cable shall be provided with a high density polyethylene outer jacket with a
nominal thickness of 0.032-inch. An amorphous interior moisture penetration barrier shall be provided. The 4-
conductor cable shall be less than 1/4" in diameter. Splices in the loop detector lead-in cable will not be permitted
unless indicated on the plans.
INSTALLATION DETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5),
"Installation Details," of the Standard Specifications and these special provisions.
Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors.
After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant
conformin to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to vv~tlun 1/8 inch of the g avement surface. The sealant shall be at least 112 inch thick above the top conductor in the saw cut. Before setting,
p surplus sealant shall be removed from the adjacent road surfaces without the use of solvents.
In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials:
1. An elastomeric sealant conforming to Section 86-S.OIA (5) of the Standard Specifications.
2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-S.OIA (5) of the Standard
Specifications.
Identiftcation of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L,
8J8U, 3I5U, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532
or approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
7-2.14 PERMANENT COUNT STATION. Contractor shall furnish and install the permanent count
station as shown on the plans. Cabinet shall be Type 336 (shell only) and shall be mounted on the P.C.C. base as
detailed on the plan. Detectors shall be Type A conforming to the size as shown on the plans and specified in
23
Section 7-2.12 of these special provisions. Detector loop lead-ins shall conform to Section 7-Z.12 of these special
provisions and shall be housed in a separate 1-112" rigid metal conduit as shown on the plans.
MEASUREMENT AND PAYMENT. Detectors, lead-ins, terminal strip, cabinet, base, duplex receptacle,
conduit and other items as needed shall be paid for in the lump sum item for permanent count station.
7-2.15 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached,
guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from
the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of
completion and final acceptance is made by the City of the work described on the plans and these special provisions.
7-2.16 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the
contract lump sum price paid for Traffic Signal and Lighting System and no separate payment will be made therefor.
24
[INCLUDE WITH DETECTOR SPECIFICATIONS]
8040-41 A-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 date of the Invitation to
Bid form a part of this specification where referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation Standard Specifications 1992
State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective
Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR.
3.0 REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the
.manufacturers responsibility toproduce aone-component product to meet the properties specified herein.
3.2 Characteristics of the Sealant
3.2.1 Residue by evaporation, weight percent 70 Minimum
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939
3.2.3 Firm set time, hours, 4 maximum
test at one hour intervals, use ASTM D2939
3.2.4 Brookfield viscosity, Poise 50 to 125
RVT Spindle #3,10 RPM at 75 ± 2"F,
25
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
3.3 Properties of the Dried Film
3.3.1 Flexibility, No full depth
Use ASTM D2939, except air dry specimens to cracks
constant weight at 75 +l- Sdeg.F. and 50 10%relative humidity. Condition mandrel and
specimens 2 hours at 75 Zdeg.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 5deg.F, 50 +/-10% relative humidity
for minimum of 16 hours. Load rate 0.05
incheslminute, use ASTM D2523.
3.3.3 Elongation, % 2.0 minimum
Same conditions as 3.3.2 use ASTM D2523
3.3.4 Slant-shear strength to concrete, psi, 150 minimum,
Use California Test Method No. 434, Part VIII. Space with no loss
damp blocks with 0.25 .inches between slant faces, seal of adhesion to
sides and bottom with tape and fill with the well stirred concrete
sample, strike off the excess. Dry in 140deg.F oven to
constant weight and condition 1 day at 75 +l - 2deg.F before
testing. Load rate to be 5000 lbs/minute.
3.3.5 Resistance to water No blistering,
Use ASTM D2939, Alternative B re-emulsification
or loss of
adhesion
3.4 Workmanship
3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance
to the sideways manual motion of a paddle across the bottom of the container. It .shall 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.
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 n~les and regulations within the State of California in
effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 Inspection
a
This material shall be inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
26
Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15
4,2 Sampling and Testing
Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and
application will not be permitted until the material has been approved by the Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
The sealant shall be prepared in a one package system ready for application. The material shall be furnished
in container size as specified in the purchase order or contract. If ordered in 5 gallon size the containers
shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall
have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the
Interstate Commerce Commission regulations, as applicable.
5.2 Marking
All containers of material shall be labeled showing State specification number manufacturers name, date of
manufacture and manufacturers batch number,
The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR.
6.0 NOTES
6.1 Directions for Use
Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and
hand poured into the slots, Due to the sand .content of this material, pumping is not recommended. Any
clean up 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, January 1988.
27
f ~ Sow Cul
~ • ~ ~ ~ ~ ~ ' ~ ~ Clogs' A" r6 sorb! Povtbn`d . • . Exiitin~ • ' • ' ~ ' .Cement CpIC/lte. COloI ' • .
• • • ' ~ ' ~ and Iitish b match : ~ Concntr •••...f adjacent vement • . •
3 ~ $!Il6t Aloteriol ~ o+~
(!f ngr~indl
8ot~•fill
PATCH lH CONCRETE SURFACE
ltiic ' t A~~' p er fir- i~ Sow Cut harder
• .r ~ o CAx're ~S1/ OC~n Xr' f''' qs ojf ca~a►e►e
. . Closs•: A .{6 ,~oarJ; Pa~crid .~:x ~''•CMknt • ~Cntr~! ~ '
l/ect Moth' • s ~
' regwr
Bo~ckfill
PAT. IN ASPHALTa CONCRET SURFACE
MORE THAN 3 IN THICKNE ,
Asphoyic pavrt Asph~o/h'c poart GENERAL NOTES:
dnoer t~ Col buno~r ,411 wn~monshyo and materials shop ~a~~:~~?t.~L='~ :;2;~~~y~4"os'~'oi~~ co~n~crete'N ~ X!SR!~~ZQS ~ Conlcrm to the rtquinm nls stt forth in
•'•1.~;~.~ 1~t~~i1~/•hfj\~ ,•J'+r.,l:~~~Y'~~:~'• ^~.,p•.►.•..~.~M~.;i':~ i~j f•.r ~ + M r~ ~~r."'4~~ ° ,ne Standard Speaficotrons, Slot! o/ ~ ~ . ~ CalifQrr~ia Departrent of
~ base Tran~~ar~ a~ i an", current ed z ~ i an, 6 Unt~anted roc , ,
1. ' • ~ ' Sow cuh of on opening in ospholJ
• covrcrete 3 of more inches in thic~tness ~ ' 's ; . Select Moteiiol may be mode when the concrete
• ~ patch nos cured and is ready to q~l i ~ I receive the os~io►'t calcrete surbcin9
Boc~'fill Sow cuts shall be modr parallel ~ a of
rghl angles to the ceM~-line of the
PATCH iN ASPHALT CONCRETE 5URFACE street Depth of select material, if nauired,
shall be determined in the field by the
Engineer
~--Asphaltic point binder M asphalt cov►crete rood surfaces, asphalt :ti.; carcnte sytfoCing Stlail be mixed wNh
4 'gspvro/t conc~er~• ~,~,;.,,asting:.ioo ~ power gro~de ospholJ.
Pbtches less thou Z /eet from Se/ec/ Mohrio! existing potch~es, edges o/ pave+mtnt,
• a ~If re~u►nd1 g Or gutter shall be ex/ended to include the intermediate isolating strip
~ ti ~ ~ of existing porement,
Bocafill MMimvm patch width shall be 2 feel of
~ its smal/es/ dimension.
PATCH IN ROAD MIXEO SURFACE REVISED gut •89
r nn •~n ent ewNe~~ S TAND~ RD ~ s ~ ~ ~4
r.~M
~Q~~
' PAVEMENT PATCHES `M""`
• CITY OF BAKERSFIELC
~ CALIFORNIA ~
~,,,M,••~ ENGINEERING DE~AR'TMENT w
f Lr
g',
ALTERNATE LOCATION T4 8E TYPE B.S.S.
USED WHEN THE SIDEWALK Y r-- 2~~ GALVANIZED PIPE
EXTENDS FROM THE CURB Q AS PER AMERICAN FENCE. CO.
' TO THE PROPERTY LINE, ~
PARTICULARLY IN COMMERCIAL o AREAS.
t~ _ ~ it o 0
If - ~ r. Y
it V
li ~
~ t 2 0 --~I
~ 1 i_.n.i.r• . •
~tii ~Z
~ tt~ M~ . tttl 8 MIN.
L~-.' CLASS "8~~ P C.C.
M
aPPROYE0 ISCELLANEOUS SIGN M
ETAI~ ~ . 0
CITY ENGINEER
DAT! l2~os~8s RiCORC~~ CITY OF BAKERSFIELD
i N Door ~T <~Aa:_____ . CA L.l FO R N t A DRAIMN `7. E. G.
OFFICIAL RECORDR OR ~ ~ ENGINEERING DEPARTMENT CMtCI~iD S. L. W K[!tN COUNTY. CALIFORNIA
PROPOSAL + FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACHAM ROAD
To the City Clerk of the City of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that
he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans
therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of
Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus
and other means of construction and to do all the work and furnish all the materials in accordance with the plans and
specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in
the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set .forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following
schedule:
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for
signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City of
Bakersfield.
Item ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE (in figures) PRICE
(in fi es)
1. 2,770 SQFT Striping & Marking Removal
2. 11 EA Remove Roadside Sign & Post
3. 3 EA Remove Roadside Sign Panel
4. 3 EA Install Roadside Sign Panel on Existin Post
5. 833 SQFT Pavement Marking (White)
6. 200 LF Striping (Detail 9)
7. 200 LF Striping (Detail 3 8)
8. 16 EA Payment Markers, Type G
9. 1 LS Traffic Signal and Lighting System
10. 1 LS Permanent Count Station
Signed
Bidder
Page 1 of 3
Bidder acknowledges receipt of the following addendum:
Clearly .list any and all addenda numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope.
SIGNED TOTAL BID $
Bidder
Company
Address
P.O. Box
City State Zip Code
Area Code .Telephone Number
License No. and Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
Page 2 of 3
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the
case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices.
Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or
the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all
correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct
Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the
estimated quantity for the item and the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the
name and the. location of the mill, shop or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or improvement in excess of one-half of one { 1
percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion. of the work which will be done by each subcontractor. This list is to be completed and submitted with said
bid proposal.
Subcontractor's Name Description of portion
...and Street Address (City, State, Ziu) of work subcontracted
(attach additional sheets if needed)
Page 3 of 3
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACH.AM ROAD
State of California )
)SS:
County of )
being first duly sworn, deposes and
Name
says that he or she is of
Title Company
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, .company, association, organization, or corporation;. that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly, or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the .proposed contract; that all
statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of ,19
33
To the State of California, Department of Transportation.
NONCOLLUSION AFFIDAVIT
s (Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
In accordance with Title 23 United States Code Section 112 and Public
Contract Code 7106 the bidder declares that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham;
that the bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any .bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or
to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed. contract; that all statements
contained in the bid are true; .and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereof, or paid, and
will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing
this Proposal on the signature portion thereof shall also constitute.
signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may
subject the certifier to criminal prosecution.
34
Accompanying this proposal is
(NOTICE: Insert the words "cash , "cashier's check," "certified check," or "bidder's bond," as the case maybe), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IlVIl'ORTANT 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
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 signah~re shall be
placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a
Power of Attorney must be on file with the .City Clerk of the City of Bakersfield prior to opening bids or submitted
with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Dated 19.....
35
BIDDER'S BOND TO ACCOMPANY PROPOSAL
r (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 politic 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, executors and administrators,
successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the
NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden
principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to
construct said improvements aforementioned, .and shall execute and deliver the two bonds required by law, within
ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready
for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and
effect.
IN WITNESS WHEREOF, we have hereunto set our
hands and seals this day of ,19
(Seal)
(Seal)
(Seal)
Page 1 of 2
3b
4
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 helshe
subscribed the name of
thereto as surety, and his own name as Attorney. in Fact.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public in and for said County and State
3?
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACHAM ROAD awarded on .between the City of Bakersfield (hereinafter referred to as the City), and the undersigned,
which contract provides for the installation of li~htin~, traffic si a1, and permanent count station, and under which
contract the undersigned has furnished and installed such system, the following guarantee of the said stem is
sY hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or
should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above
causes, all, within (1) year after date on which said contract is accepted by the City, the undersigned agrees to
reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contem lated
p 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 successfiilly
as originally contemplated.
The City shall have the option to .make any needed repairs or replacements itself or to have such
replacements or repairs done by .the undersigned. Prior to such replacement or .repair work being done by the City,
the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made
and such materials as are necessary shall commence to be furnished and installed within Twenty-Four (24) hours of
the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification.
Said ystem 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
38
GUARANTEE
MATERIAL AND WORKMANSHIP
E
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93 3 O 1
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACHAM ROAD, awarded on
,between the City or Bakersfield (hereinafter referred to as "City"), and the undersigned,
which contract provides for the installation of
,and other facilities and under which contract the undersigned has installed such facilities,
the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship
and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or
materials which may prove defective in workmanship or materials within a period of one (1) year from the date of
acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to
repair and/or .replace, at our own cost and expense, any work and/or materials that we may disturb or displace in
making good such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or .the
agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due
diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable
period of time, and in the .event of our failure to so comply,. we collectively and expressly do hereby authorize the
City and/or the City's representative, or the agent of either of them, to .proceed to have such work done at our
expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned
construction project and the City's representative, and shall be enforceable by either of them.
DATE
Contractor's Name
Authorized Signature
39
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the City
of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason
of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of
bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of
damage to property arising out of or in consequence of _
(Agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the City),
defend the City of Bakersfield with appropriate counsel and. shall further bear all costs and expenses, including the
expense of counsel, in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
SAMPLE SAMPLE
40
SAMPLE ~ SAMPLE AGREEMENT N0.
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT MEACHAM ROAD
THIS AGREEMENT is made and entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and ,
referred to herein as "CONTRACTOR."
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the
field of ;and
WHEREAS, CITY desires to employ CONTRACTOR to as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR
mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as:
The scope of work shall include all items and procedures necessary to properly complete the task
CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not.
The following shall be deemed to be part of this agreement as if fully set forth- herein:
1. Notice to Contractors 2. Special Provisions
3. Bid Proposal
4. Bidder's Bond
5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this contract whether actually inserted or not.
9. Hold Harmless Agreement
10. Current State of California DA5140 Form
(if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this
Agreement as follows:
. The compensation set forth in this paragraph shall be the total compensation for the services provided by
CON'T'RACTOR, including all out-of-pocket costs incurred. CITY shall pay no fee other than the compensation
listed in this paragraph unless otherwise agreed to in writing by the CITY.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this
Agreement. Payment by CITY to CONTRACTOR shall be made within forty-five (45) days after receipt and
approval by CITY of CONTRACTOR's itemized invoice.
41
4. WAIVER OF DEFAULT. The failure of any party to enforce against another a
provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
5. ATTORNEY'S FEES. In any action arising from or related to the terms of this
Agreement, the prevailing party shall be entitled to recover its attorneys' fees and court costs and other
nonreimbursable litigation expenses, such as expert witness fees and investigation expenses, whether or not such
action proceeds to judgment.
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain
at all times during the term of this Agreement any licenses, permits and approvals which are legally required for
CONTRACTOR to practice its profession.
7. LITIGATION. In the event litigation is commenced involving this contract,
CONTRACTOR, at the request of the CITY, shall assist CITY in the litigation.
8. STANDARD OF PERFORMANCE. All work shall be performed inconformity 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 forth herein shall
prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement,
whether or not actually attached.
11. CONFLICT OF .INTEREST. CONTRACTOR stipulates that corporately or
individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of
any project which is dependent on the results of the studies prepared under this Agreement.
12. TERMINATION. This Agreement may be terminated by any party upon ten (10) days
written notice to all other parties.
13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole
cost,. comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may
hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing . out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or
which may hereafter be in force.
14. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the
services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an employee
of the CTI'Y for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR shall have no authority beyond that given in this Agreement to
act on behalf of CITY as an agent nor to bind CITY to any obligation not expressly authorized herein.
15. INSURANCE. In addition to any other form of insurance or bond required under the
terms of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the
following types and limits of insurance, otherwise referred to as "basic insurance requirements°':
4Z
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) per accident.
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement
maybe waived at the CITY'S sole discretion.
All policies required of the CONTRACTOR hereunder shall be primary insurance as respects the
CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained
by the CITY, its mayor, council, officers, agents, employees and volunteers shall be excess of the CONTRACTOR's
insurance and shall not contribute with it.
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
The liability policies 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 (30) days' written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstandingnny recovery on any policy.
The insurance required under this agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the
CITY.
All costs of insurance required under this agreement shall be included in the CONTRACTOR's bid, and no additional allowance will be made for additional costs which may be required by extension of the
insurance policies.
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and, if
requested, copies of endorsements or all insurance policies evidencing the insurance required under this Agreement.
The CITY may withhold payments to CONTRACTOR if certificates of insurance, endorsements, or copies of
policies required in this Agreement have not been provided.
Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of
insurance otherwise required by this Agreement of the CONTRACTOR, must be declared to and approved by the
CITY.
However, unless otherwise approved by the CITY, if any part of the work under this Agreement is
subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all
43
subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. CONTRACTOR shall be responsible for determining and' guaranteeing all subcontractors are insured as set forth in this paragraph.
16. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its
officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever
against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with,
or caused by CONTRACTOR, CONTRACTOR's employees, agents, subcontractors, or independent contractors or
companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder.
Contractor's duty to defend includes the duty to pay all costs of defense including, but not limited
to, reasonable attorneys' fees.
17. EXECUTION. This Agreement is effective upon execution. It is the product of
negotiation and therefore shall not be construed against any party.
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 Truartun Avenue Bakersfield, California 93301
CONTRACTOR:
19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this
contract shall be instituted in Kern County, California.
20. ASSIGNMENT. This contract shall not be assigned by any party, or any party
substituted, without prior written consent of all the parties.
21.- BINDING EFFECT. The rights and obligations of this Agreement shall inure to the
benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal
representatives, successors and assigns.
22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs,
and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon
preparation, become the property of the CITY.
23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting
records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such
records and documentation shall be kept at CONTRACTOR's office during the period of this Agreement, and after
the term of this Agreement for a period of three years from the date of the final payment under this Agreement, and
shall be made available to CITY representatives upon request at any time during regular business hours.
24. CORPORATE AUTHORITY. Each individual executing this Agreement represents
and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the corporation or
organization named herein and that this Agreement is binding upon said corporation or organization in accordance
with its terms.
44
25. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number Is CONTRACTOR a corporation? Yes No_;
(Please check one. )
6
----------000----------
INWITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day
and yearfirst-above Written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By - ~ By
BOBPRICE
Mayor
Title
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By
ROBERT M. SHERFY Assistant City Attorney
APPROVED AS TO CONTENT:
By
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
45
jTo be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT a
FOR
t.
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as
follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be
withheld by Owner pursuant to the .Construction .Contract entered into between the Owner and Contractor
for
in the amount of dated .(hereinafter
referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract
earnings, the Escrow Agent shall notify the Owner within ten {10) days of the deposit The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be
withheld as retention under the terms of the Contract between -the Owner and Contractor. Securities shall
be held in the name of ,and shall designate the
Contractor as the beneficial owner.
2. The Owner .shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to-the Contract provisions, provided that the Escrow
Agent hold securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of
retention for the benefit of the Owner until such time as the escrow created hereunder is terminated.
-1-
46
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
E- interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by ,written authorization from Owner to the Escrow
Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven (l) days' written notice to the Escrow Agent from the Owner of the default, the
Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed
by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and
complete, and that the Contractor has complied with all requirements and procedures applicable to the
Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees
and charges of the Escrow Account. The escrow shall be closed .immediately upon disbursement of all
moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant
to Sections (4} to (6}, inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent
. harmless from Escrow Agent's release and disbursement of the securities and interest asset forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures, are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
.2_
47
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the .time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
_3_
48
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the
"Owner," has, on (DATE OF AWARD) , 19_, awarded to (NAME OF CONTRACTOR) , a corporation
organized and doing business under and by virtue of the laws of the State of California, hereinafter
designated as the "Principal," a contract for the (PROJECT DESCRIPTION) ;and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the
faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and LE~AV, E
BLANK FOR BONDING COMPANY), as Surety, are held and firmly bound unto the Owner in the sum of
--f 1~-00%- OF -AMOUNT AWARDED AT COUNCIL MEETING) lawful money of the United States, for the
payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and
well and truly keep and faithfully .perform the covenants, conditions, and agreements in the said contract
and any alterations made. as therein .provided, on his or their.part, to be kept and_performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal
and Surety, in the event suit is brought on this bond., will pay to the Owner such reasonable attomey's fees
as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in
the said amount shall. hold good for a period. of one (1) year after the completion and acceptance of the
said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators,
successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of
acceptance of said work, and resulting -from or caused by defective materials andlor faulty workmanship in
the prosecution of the work done, the above obligation in the said amount shall remain in full force and
effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety
hereunder shall continue so long as any obligation of the Principal remains.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the
contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any
judgment rendered.
49
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of , 19=, ;the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
(Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
{Attach notarization form for each required signature.)
Page2of2
PERFBOND.2
50
MATERIAL -LABOR BOND
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
"Owner," has, on (DATE OF COUNCIL MEETING) ,awarded to
(NAME OF CONTRACTOR)
hereinafter designated as the "Principal," a contract for the construction of
(DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS).
WHEREAS, said Principal is required to furnish a bond in connection and with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be
done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the
extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING COMPANI~ , as Surety, are held and firmly bound unto the Owner the penal sum of 5~ 0°_/o OF
AMOUNT AWARDED AT COUNCIL MEETING) dollars ~ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand to .and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said. contract
and any .alterations made. as therein provided, on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects. according to their true intent and meaning, and
shall indemnify and save harmless, the Owner, its officers and .agents as therein stipulated, then- this
obligation shall .become null and void; otherwise it shall be and remain in full force and virtue and Principal
and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court.
' As a condition precedent to the satisfactory completion of the said contract, the above obligation in
the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators,
successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally
protect the said Owner from loss of damage made evident during said period of one year from the date of
acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in
the prosecution of the work done, the above obligation in the said amount shall remain in full force and
effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the
contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
51
As a part of the obligation secured hereby and in addition to the amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any
judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19_, the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
(Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
52
This form should be sent to the Joint Apprenticeship Committee
of the craft or trade in .the area of the site of the public work. If you have .any questions as to the address of the appropriate P U B L! C WORK S
Joint Apprenticeship Committee, contact the nearest office of -
he Division of Apprenticeship Standards (DRS). Consult your C 0 NTRACT AWARD iN FO RM ATlO N alephone directory under California, State of, Industrial
Aelaaons, for the DAS office in your area;
NM~E OF CQNTAACTOR CONTRACTORS STATE LICENSE N0.
cavTAacTORS Ivu►UNG ACOaESS - NUMBER b STRE~"T, CITY, ZIP CODE AREA CODE b TELEPHONE No.
NAME b LOCATION OF PUBLIC WORKS PROJECT GATE OF CONTRACT AWAAO
DATE OF EXPECTED OR ACTUAL. START OF PRO„ECT
NAME b ADDRESS OF PLBUC AGENCY AWAAOWG COMRACT ESTUMTEfl NUMBER OF,10tJFiNEYMEIV HOURS
APPRENTICES
' OCCUPATtpV OF APPRENTICE I NL~+BEa TO 8E E'NPLOYEO ( APPROXIMATE DATES TO 8E c'I~PLOYEO
Check One Of The Boxes Below:
~~Boz 1 ❑ We request dispatch of apprentice(s) for this job. We voluntaniy choose to comply with the applicable Jant Apprenticeship Committee Standards for the duration of this job only, in training the .apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws.
Box 2 We request dispatch of apprentice(s) for this job. We do not wish to follow the applicable Joint Q
Apprenticeship Committee Standards m tra~n~ng the apprentices; instead, we agree to employ and train
apprentice(s) in .accordance with the California Apprenticeship ~ Councsi regulations governing employment of
apprentices on public work .projects. We assume no other obligations to the committee or unions under Slate or Federal laws.
Box 3 Q We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ and train under the Standards..
Box 4 ~ We do not request the dispatch of apprentice~s~ since apprentices are not required on this job under the
provisions of California Labor Code Section 1177.5, because:
r
Signature
Typed Name
,
I Title Dace i
State of California - Department of Industrial Relations
OAS 140 (New t~9o~ DIVISION OF APPRENTICESHIP STANDARDS
r
r:+~
~i 7 4