HomeMy WebLinkAbout1995 Special Provisions Project 81018coPY No .
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE To CONTRACTORS
SPECIAL PROVISIONS
BIDPROPOSAL AND~CONTRACT
FOR
TRAFFIC SIGNAL MODIFICATION ON
~~~F~~ STREET AT TRUXTUN AVENtTE
BID OPENING:
DATE: February 22,1995
TIME: 11:00 A. M.
PROJECT No . 81018
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DEPARTMENT OF PUBLIC WORKS ~ CITY 4F BAKERSFIELD ~ ~ ~
15 01 TRUXTUN AVENUE Na. 32340 ~
~ BAKERSFIELD, CA 93301
Telephone: X805) 326-3724 EXC. a~~ ~
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS
SEALED PROPOSALS wql be received by the City of Bakersfield at the Ofi~ice of the Purchasing
Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on February 22,
1995 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following
work:
+ + C SIGNAL AND LIGHTING SYSTEM ON "F" STREET AT TRUXTUN AVENUE
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 respons~dity for non-receipt of bids due to any delay, including but not limited to carrier delay. It
is the bidder's responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the. Purchasing Officer,
which appears herein. immediately following the. SPECIAL PROVISIONS of. the project, and is made in
accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the
Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire
work descried 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.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
1-1-.O1 GENERAL, This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the
Standard Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over -and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used,
the .intent and meaning shall be as follows:
City - City 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 a ents, such g
agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboraf ory authorized by the City to test materials and work involved
in -the contract.
Standard Specifications -Standard Specifications of the Department of Trans rtation Business Po
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, DeEnition of Terms of the Standard
SpeciTications.
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SECTION 2.
PROPOSAL REQUIREMENTS
2.1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California,
wdl receive at her office, City Hall, 1501 Truxtun Avenue, in said City, unt011:00 o'clock A.M. on
Februa 22,1995 sealed ro sals for. p po '
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON "F" STREET AT TRUX7RUN AVENUE
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 wdl correspond
therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to
omit portions of the work that may be deemed necessary or expedient by the Engineer.
2.1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder. is required to examine carefully the site of work, .the proposal, plans and specifications, and
contract forms. It w01 be .assumed that the bidder has investigated, and is satisfied as to the conditions to be
encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and
as to~ the .requirements of the specifications, the special provisions, and the contract. It is mutually agreed that
the submission of a proposal shall be considered prima facie evidence that the bidder has .made such
examination.
2-1.04 REJECTION OF .PROPOSALS CONTAINING ALTERATIONS, CURES OR
IItREGULA~RITIES. Proposals may be rejected if they show any alterations of form, additions not called for
conditional or alternative .bids, incomplete bids, erasures or irregularities of any -kind. Proposals in which the
prices obviously are unbalanced may be rejected.
The right is reserved to .reject any and all .proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
Purchasing Officer, the form of which appears herein immediately following.these s vial rovisions. All
Pe P 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 b a firm Y
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 co oration
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 a ual to at least
q ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Pro osal Guarant is P y
enclosed therewith.
2-1.07 REQUIRED LISTIlVG OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name .and address of each Subcontractor to whom the bidder proposes to subcontract portions
of the work in the amount of 1/2 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 fa0ure 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.
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Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list
of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
2.1.08 ONIISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned
in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the
specil"ications .shall be of the same effect as if shown or mentioned in both.
emissions from the drawings or the specifications of the materials or details of work which are
manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are
customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or
descried in the drawings or specifications.
2.1.09 W1T~RAWAL OF PROPOSALS. -Any bid may be withdrawn at any time prior to the time
fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the
Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The
withdrawal of a bid does not prejudice the right of .the bidder to file a new bid. Whether or .not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time,
nor may any bid be withdrawn after the time t"ixed 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 5..100. to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that
if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5
days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake
occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats,1985} provides as follows:
Any state agency may suspend, for a period of up to three years .from .the date of
conviction, any person from bidding upon, or being awarded, a public works or services
contract -with the agency under this part or from being a subcontractor at any tier upon
the contract, if that person, or any partner, member, officer, director, responsible
managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge. of fraud, bn~ery, .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 eligl~ility 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, , J 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
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which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for
believing that collusion .exists among the bidders any or all proposals may be rejected. Proposals in which the
prices obviously are unbalanced may be rejected.
SECTION 3.
AWARD AND EXECUTION OF CONTRACT
3.1.01 GENERAL. The award of the contract, if it be awarded, w01 be to the lowest responsible
bidder. The language "responsible" refers to not only the attn'bute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactory perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be
awarded, wdl be made within forty-five (45) days after the opening of the proposals unless extension is
approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by
an admitted surety insurer as set forth in Title XIV, Chapter 2, Article b of the California Code of Civil Procedures. One of the. said bonds shall guarantee the faithful performance of the said contract by the
.Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of
the said bonds shall be in an amount of ~y percent (SO%) of the contract price and shall guarantee payment
to laborers, mechanics and material workers employed on the job under the. contract and shall be in the
.amount and satisfy the requirements specified in Section 3248 of the California Civ~ Code.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the
protection of the claims of laborers. and material men, become insufficient, or the City has .cause to believe that
such surety or sureties have become insufficient, a demand in writing .may be .made of the Contractor for such
further -bond or bonds or additional surety, not exceeding that originally required, as is considered necessary,
.considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such
contract to the Contractor or any assignee of the Contractor unto such further bond or bonds or additional
surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successf ul bidder and
returned, together, with. the contract bonds within ten (10) days, note including Sundays, after the bidder has
received notice that the contract has been awarded. No proposal shall be considered binding upon the
City until the execution of the contract. All contracts shall be considered as being made and entered into in the
City of Bakersfteld, California.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not
including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause
for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.05 RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the
contract, the City of Bakersfield w01 return any monies or form for deposit of money that are not to be
considered in making the award. All other proposal guarantees w~l be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
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SECTION 4 - BEGIrJNIlVG 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 w01 commence from the date the Contractor
begins work or the 15th calendar day from the date of the written notice
to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $200.00 per day for each and every -
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
. ,Full compensation for conforming to the requirements of above paragraph shall be considered as
included in the pnces paid for the vanous 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 w01 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 dela in coin letion of y P
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 b the
En ineer. U on recei t of all coin vents t ' ' y • g p p po , he Contractor shall notify the Engineer in wasting and the Engineer w01 order start of work in writing.
SECTION S -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and
9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions
of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in -this contract shall not be construed as an election by the City to proceed under Section 20396 of
the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to
submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION 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 (2S%} of the original contract amount, must be authorized by the City Council.
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5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,
"CONTROL OF WORK," of the Standard Specifications
and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding
the following paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer
shall be approved by the Engineer before any work involving these plans shall be performed, unless
approval is waived in writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications
is amended by adding the following paragraph after the first paragraph:
Three .consecutive points shown on the same rate of slope must be used in common, in order to
detect any variation from a straight grade, and in case any such discrepancy exists, it must be
reported to the Engineer. If such a .discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is
amended to -read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his
requirements in writing a reasonable length of time in advance of starting operations that re uire q such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable
length of time.
Section 5-1.08, "Inspection" of the Standard Specifications is amended by addin the followin g g
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 wql 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, b himself or throu an y l~ Y
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 em to ed
in said work, and that said record shall be ke t o en at all rea p Y p p sonable hours for inspection pursuant to Section
1812 of the Labor Code. The Contractor and all. Subcontractors shall pay not less than the general preva~ing
rate of per diem wages and the general .prevailing rate for holiday and overtime to all workers em to ed in the PY
construction of this project. The preva~ing 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 prevaging rates is on fie
.and available for inspection in the Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to .inspect payroll records during normal working hours and shall have
the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any
way with the City's right to investigate conformance with the wage provisions of this contract.
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Contractor shall forfeit to the City for each worker employed for each calendar day or portion
.thereof:
a. Fl[FTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less
than the amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker
required to work more than eight {8) hours per day or more than forty (40) hours per week,
except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor
Nondiscrimination;' of the Standard Spe ' 'cations 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 m the special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5),
"Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the
provisions of Labor Code Sections, 1777.5,1777.b, and 1777.7 relating to the employment of apprentices.
If the Contractor .does not have a union contract which provides for apprentices, the Contractor
and all Subcontractors shall .submit one of the following:
1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS "This request shall be
submitted to the. local Department of Industrial Relations, Division of Apprenticeship
Standards on the Contractor's and each. Subcontractor's letterhead or DAS 140, enclosed with these specifications.
2. A copy of an approval to employ and train apprentices from the local Department of
Industrial Relations, Division of Apprenticeship Standards.
3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee
providing for apprentices.
One of the above .shall be submitted by the low bidder to the City of Bakersfield Purchasing
Division, within two (2) working days following the bid opening.
5-1.~ 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 far the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS {$25,000} for excavation of any trench or trenches five feet or more in
depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection during the excavation of the trench, has been submitted by the Contractor to the City
Engineer and the detailed plans has been approved by the City Engineer.
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If such plan varies from the shoring system standards established by the Construction Safety
Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural
Engineer.
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 m this section shall be construed to impose tort liability on the awarding body or any of
its employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in
Section 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and b:00 A.M..
shall not exceed 8b dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsib~ity 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 PERIVIIT5 AND LICENSES. The Contractor shall procure all. permits and licenses, pay
all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work
from. any and all- governmental organization which require such permits, licenses or fees. The .Contractor shall .procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit his Meld working hours :from 7:00 A.M. to
4:30 P:M. Monday through Friday. Any deviations must be requested and in writing and directed to the
Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is
required for work- beyond these limits. Any time work proceeds, which requires inspection services .for .more
than an eight (8) hour work day, or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be .withheld from contract retention.
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 f0ed and approved by the City Risk Manager and the Public Works Department.
Contractor shall be responsible for any deductibles under all required insurance policies.
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5.1.13A HOLD HARNII.ESS. The Contractor shall save, hold harmless and indemnify the City,
its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs
or expenses in law or equity that may at any time arise from or related to any work performed by
the Contractor, his agents, employees or subcontractors under the terms of this agreement and
shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto.
5.1.13B INSURANCE. In addition to any other form of insurance or bond required under the
terms of this agreement and specifications, the Contractor shall procure and maintain for the
duration of this agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not
less than one m~lion ($1,000,0) 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, officer, agents, employees and volunteers shall be
excess of the Contractor's insurance and shall not contn'bute with it.
All policies shall contain the following .endorsements:
An endorsement providing the City with ten (10) days written notice of cancellation or
material change in policy language or terms.
If any part of the work under this agreement is sublet, similar insurance shall be provided by
or on behalf of the subcontractors to cover their operations.
The insurance required .under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by
formal acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance w~l be made for additional costs which may be required by
extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
provide the City with the foreman's or superintendent's name who will be in charge of this project.
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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 Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer
and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance
therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the
City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by
him outside of the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the
Contractor has violated any terms of this contract, faded to supply an adequate working force, or material of proper quality, or has faded in any other respect to prosecute the work with the diligence and force specified
and .intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should
he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the
Engineer, within the time specified in such notice, .the City 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 w~l be -liable therefor. In the event of such suspension, all money due the Contractor or
retained under the terms of .this contract shall be forfeited to the City; but such forfeiture will not release the
contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the .amount of money so forfeited toward any excess of cost over and above the contract price,
.arising from. the ,suspension of the operations of the contract and the completion of the work by the City as
above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such
completion as determined by the Engineer have been paid.
In the determination of the question whether there has been any such non-compliance with the
contract as to warrant the. suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time
as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to
perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer.
5.1.20 PAYIViENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
13
5-1.21 FINAL PAYJMENT. In addition to the conditions, provisions, and requirements of Article
9-1.07B, "Final Payment and Claims," of the Standard Spe ' 'cations, the following shall apply:
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City
from loss due to causes including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials and/or labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid
balance;
e. Damages to another Contractor, and
f. Breach of any terms of this contract.
when any and all such causes are removed, certificates shall be issued for amount withheld.
The. fifth .paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard
Specifications is .amended to read:
The Director will make the .final determination of any claims which remain in dispute after
completion of claim review. Aboard or person designated by said Director will review such
claims and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the
amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom -all previous payments and all amounts to be kept and all amounts to be
retained .under the' provisions of the contract. All prior partial estimates and payments shall be subject to
.correction in the final estimate and: payment. The final payment shall not be due and payable until the
expiration of thirty (30) days from the date -the "NOTICE 4F COMPLETION" is recorded at the County
Recorder's Office and after execution and return by the Contractor of the attached GUARAIV'fEE 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 claun of the party of the first part,- and no
payment shall be construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract,
and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liab>~ity 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 Spe ' 'cations is replaced with the words "unit price":
Third paragraph of Section 18-1.05, "PAYMENT"'. Third paragraph of Section 24-1.11, "PAYMENT".
Tenth paragraph of Section 39-8.02, "PAYMENT".
14
5.1.23 HAZARDOUS MA ~ .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 MA t
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 prescn~ed 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 SITE5. 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, w01 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 sitesfrom 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 hall be considered as included in the contract prices paid- for the items of work which re wire the
q use of the sites and no additional compensation wOl be allowed therefor.
6-1.03 CERTII+'ICATES OF COMPLIANCE. In .accordance with Section
6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain
materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.
15
SECTION 7. CONSTRUCTION DETAII~S
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" ilia.) in front of each .signal indication. The covers shall remain in place unto 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. unity is shown or
correctly located on the plans will not be compensated for as idle time. However, additional contract time
commensurate with such delays may be allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems,
the Contractor shall contact the City Parks Division at 32b-3117 for the purpose of ascertaining the locations
and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systmes and plant materials.
The Contractor shall be responsible for repairing and reconnecting severed or damaged lines and/or wiring and
,replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations
due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant
material in the area for the duration of irrigation interruption.
Existing land subdivision monuments and stakes shall be fully protected from damage or
displacement and they shall not be disturbed unless directed by the Engineer.
1b
Attention is directed to the fact that nuisance water may be present at all times along the project.
It w~l be the responsibility of the Contractor to provide for handling of said water and any expense involved
shall be considered as included in the prices. paid for the various items of work and no additional allowance. w~l
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 MAIlVTAIlVINGTRAFFIC.Tke 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 Hours
"F" STREET BOTH 8:30-11:301:30-4:30
TRUXTUN AVENUE :BOTH -8:30-11:301:30-4:30
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.
PAST. Full compensation for conforming to the requirements of this article shall be considered as
17
included in the prices paid for various items of work and no additional allowance will be made therefor.
7.1.04. EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing
facilities shall conform to the provisions in Section 15, "F~tisting 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 -Waste Water Plant # 2 at Mount Vernon Avenue, south of Hwy 58.
PAY.NI,ENT. 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.
7.1.05 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications and these special provisions.
-Mast-arm han~e_rs for street name signs are existing and will be transferred from existing mast
arms to new mast arms by contractor.
Street name signs are existing and will be transferred from existing mast arms to new mast arms by contractor.
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.
7.1.06 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15,
'EExisting Highway Fac~ities," 16, "flearing and Grubbing," and 19-1.04, "Removal .and Disposal of Buried Man-
Made :Objects; of the Standard Specifications and these special provisions.
Concrete removed shall be disposed of in accordance withthe provisions in Section 7-1.13, "Disposal of
Material Outside the Highway Right of Way," of the Standard Specifications.
MEAS[JREMENT 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.
'7.1.07 REMOVE TREES. Removing tree shall conform to the provisions in Section 16, "Clearing and
Grubbing", of the Standard Specifications and these special provisions.
The trees to be removed will be cut down and the roots removed to a depth of 24". The Contractor
may decide to salvage the tree but this will be permitted only at no additional cost to the City and no
additional time w01 be allowed therefor. The hole resulting from removal of the tree will be backfdled with
clean fill dirt. Where tree is removed from a grass area, disturbed area shall be covered with sod level with
surrounding ground level.
PAYMENT. Full compensation for conforming to the requirements of this article, including backfdl and sod w01 be paid for at the contract price per unit for Remove Trees.
18
SECTION 7-2 Z ~ ~ C SIGNALS AND LIGHTING
7-Z.OI 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 backfdled with material equivalent to the surrounding material.
7-Z.OZ 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 luminaire. 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-Z.03 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the
Standard Specifications and these special provisions.
' Conduits maybe installed by either jacking/drdling or open trench methods. 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 top of the installed conduit shall be a minimum of 12 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfdled with a one (1) sack slurry cement backf~l. Slurry cement backfdl shall be placed to within 0.20 feet of the
pavement surface. The top 0.20 feet shall be backfdled 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 w~l produce an asphalt concrete surface of uniform smoothness, texture, and density.
4. All excavated areas in the pavement shall be backfOled 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.
Dependent upon adverse sod conditions or other circumstances encountered at the time of construction, the Engineer may specify which of the above methods may be used.
19
7-2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.Ob, "Pull Boxes," of
. the Standard Specifications and these special provisions.
Recesses for suspension of ballasts wOl not be required.
7-2.05 CONDUCTORS AND V~VIRING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "wiring," of the Standard Specifications and these special
provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard
Plan ES 13.
Splices shall be insulated by "Method B."
7.2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the
Standard Specifications and .these special provisions.
Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 60 amp,
240 volt, 3 pole main breaker and the following branch circuit breakers:
No. ~ Phase V= Br= Me
1 50 1 110 Traffic Signal Yes
2 20 1 110 Lighting Na
The Engineer w01 arrange with the serving ut0ity to complete service connections to service points shown on the plans and w01 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 8b-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 descried in
SECTION 4, "BEGINNING OF WORK, TIIVIE OF COMPLETION AND LIQUIDATED DAMAGES" of
these special- provisions.
7-Z.OS SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and aux0iary equipment, as
.shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle
Signal Faces;' 86-4.02, "Directional Louvers," 86-4.03, "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.
20
Standard Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile
uon.
7.2.09 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05,
"Pedestrian Signal Faces," of the Standard Specifications and these special provisions.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and
two light sources, each consisting of luminous tubing and power supplies for the luminous tubing.
The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
polycarbonate plastic; 3/16 inch nominal thickness hammered wire-glass; or 3/1b inch nominal thickness
ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface over
the entire projected -area except where the symbols are located. The material used to mask the message plate
shall be hard and durable and shall bond such that it will. not flake or peel when the message plate is in use or
is washed. The symbols shall be the only illuminated portion of the message. plate.
The message .plate shall be sealed to a polycarbonate .case to form a -dust tight and weatherproof
module. The module shall contain and properly support the luminous tubing and power supplies.
-Each light source shall have a separate power.supply. Each power supply shall require less then 36
watts with. a power factor of not less than 90 percent over a range of .input voltages from 105 to 130, at a
frequency of b0 ± 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 8b-4.OSB, "Front
Screen", of the Standard Specifications.
7-2.10 LUMIlVAIRE5. Luminaires shall conform to the provisions in Section 8b-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 lam watts e p g
as shown on the plans.
A►n 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 AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for each .location.
7-2.13 AUTOSCOPE. Vehicle detection at this location will be by Autoscope 2003LE, Machine Vision
Vehicle Detection System which will be provided by the City.
City furnished video cameras will be installed by the contractor.
Camera video cable shall be Belden #8281 and is provided by contractor and shall run continuous
(without splices) from camera pigtail connection to signal controller cabinet. Camera video and power cords
shall enter luminaire arm using engineer approved crimp type BNC connectors such as Amphenol 31-71032 and
21
shall utilize a drip loop. Connectors should be installed using Amphenol C"I'Ir2 Crunping Tool. Weatherproof
connections shall not be at bottom of drip loop. Connections at cameras shall be appropriately wrapped. and
weatherproofed.
7.2.14 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 f>7ed 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.
7-2.15 PAYIVIENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in
the contract lump sum price paid for Traffic Signal and Lighting System and no separate payment will be made
therefor.
7-2.16 TRATFIC SIGNAL INTERCONNECT. Signal interconnect shall be six conductor cable conforming to the provisions in Section 86-2.08E, "Signal Interconnect Cable," of the Standard Specifications
and these special provisions.
PAYIVIENT. Full compensation for installing Traffic Signal Interconnect including conduit, wiring and
. pull boxes will be considered as included in the prices paid per lineal foot of Traffic Signal Interconnect
.Conduit and Cable, and no separate payment will be made therefor.
Full compensation for installing Traffic Signal Interconnect Cable in existing conduit will be considered
as included in the price paid per lineal foot of Traffic Signal Interconnect Cable, and no separate payment will
be made therefore.
22
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•4%~~'~ ~•i• Ti~•. 4!!~,Q.. ~:::;45"~' the $ta~rd I' • ~ ~ , ,t, ~alifarr~ia, Departrent of
6" untreated root Bose ~ r ran~~art at i an', e~rrent edition.
t' rs~,~!~ • ?s • Sow cats of on ope»ing in oso~ho/t
: Select Moteriol ' ~ a conaeh 3 or mae ,nches ~n I>uc~ness • ► 1~ rnoy b! mod! when the concrete . r1l regviiedJ polch hos cured and is reody to
~ ~ , .receive M! asAho/l Concrete surfocin¢
Bocklill Sow cuts shol/ be mode pa►rollel a of rghl on9/es ;o the centewline of the
PATCH 1N .ASPHALT CONCRETE • SURFACE street.
Depth of select mote~iol, if required,
stroll be deteim~ned in Jhe field by the En~inee~
Aspho/1ic point binder /n ospho/t concrete rood surloces, ospho/t
, QS,dao/t CQRCretP ' ` xrst/ng ~ Too CGY1Cr~te surfOCing Sho/l be mixed with . I . •Y:~ • ; ; • 'sw/O ~ " povin~ 9rode ospho/l. ~
~ Select Moteriol ~ Porches less thou 2 Jeet Iron q :existing porches, edges of povernenf, e (lf repu►'ndl or gutter sholl be extended to
~f : include the ~nlermedrote iso/otin9 strip
~ ~ o/ existing povement, Bocklill
Minimum porch width Slbll be ?feel of its smol/est dimension
PATCH 1N ROAD MIXED SURFACE ~
r~~. ~ ,SED gut
A/~!~ r rMe eAre
S TANDARfl s-~o-64 • r „f..L -g 1e V ORAMM
rJ M
~a~~ ~AVEM ENT PATCHES `M""" KANt
drr CIMA NonA ..M.K.
• CITY OF BAKERSFIELD
. ~1~ ~ CALIFORNIA ~
e. 11NNItes EN01NEtR1N0 DE'ARTMENT
ST - fi
ALTERNATE LOCATION TO 8E TYPE B.S.S.
USED. WHEN THE SIDEWALK Y 2" GALVANIZED PIPE EXTENDS FROM THE CURB J AS PER AMERI A
TO THE PROPERTY LINE, a C N FENCE CO.
PARTICULARLY IN COMMERCIAL ~ w
AREAS..
~ ~ II p ~
. I~ ~ ~
~ Y U
I1 Q
~ i~ t i ~ 2 0 -~I
. ~ ~ . .~r ,ii.I. i .
. • I . .1'.ir ' I I ~ ~ ~ ~~I O ~ I ~
i I ~ 1 i I
I M~ ' ~ iil 8'~MIN. i~
~ CLASS 8'~ P C.C.
M
APPROVED
MISCELLANEO US .SIGN
DETAIL C1tY .ENGINEER
RECOROEO~ I~-- CITY OF BAKERSFIELD DATE /2/05/85
~N eooK~AT ~AGE._ CAL1 FORN IA DRAwN ~.E. G.
OFRiC1AL RECORDSS OF
KERN COUNTY. CJILIFORNiA ENGINEERING DEPARTMENT CNECKEDS, L. W.
PROPOSAL
FOR C SIGNAL MODIFICATION ON "F" STREET AT TRUXTUN AVENUE
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 wdl contract with the City of Bakersfield, in the prescribed .form of contract hereto annexed,
to provide all necessary machinery, tools, apparatus and other means of construction and to do
all the work and furnish all the materials in accordance with the plans and specifications for the
above, fled 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 w~l 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 ES'T'IMATED UNIT OF ITEM UNIT PRICE EXTENSION
No. QUANTITY MEASURE tin figures) PRICE
tin figures)
1. 1 LS Traffic Signal and Lighting
System
2~ 2 EA Remove Tree
3 150 LF Traffic Signal Interconnect
Conduit and Cable
4 .2540 LF Traffic Signal Interconnect
Cable
Bidder acknowledges receipt of the following addendum:
Clearly list any and all addenda numbers received on this project, above and on the lower left hand corner of the sealed bid return envelope.
SIGNED TOTAL BID $
Bidder .
Company
THE REPRESENTATIONS MADE HEREIN Address ARE MADE UNDER PENALTY OF
PERJURY
P.O. Box
City State Zip Code
~ )
Area Code Telephone Number Page 1 of 1
License No. and Expiration Date
23
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 preva~;and the bid submitted shall be the correctly computed sum
~of all correctly computed Extension Prices, provided, however, if the. amount set forth as a Unit Price is
unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used
to determine the correct Unit Price in accordance with the following:
(1)As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
(2)As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estunated
quantity for the item and the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All. persons or parties submitting a bid proposal on the project shall complete the following form, setting forth
the .name and the location of the mil, shop or office of each subcontractor who w~l perform work or labor or
render service to the Contractor in or about the construction of the work or improvement in excess of one-half
of one (1%) percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is
greater, and the portion of the work which w~l be done by each subcontractor. This list is to be completed and
submitted with said bid proposal.
Subcontractor's Name Description of portion
and Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
24
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
TRAFFIC SIGNAL MODIFICATION ON "F" STREET, AT TRUXTUN AVENUE
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 wdl 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
25
To the State of California, Department of Transportation.
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106
In accordance with Title 23 United States Code Section 112
and Public Contract Code 7106 the bidder declares that the
bid is .not made in .the interest of, or on behalf of, any
undisclosed person, partnership, company, association,
organization, or corporation;- that the -bid is genuine and
not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly. or indirectly
colluded, conspired, connived, or .agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall
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 wdl 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.
26
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check;' "certified check," or "bidder's bond," as the case may be),
in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IlVIPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, .secretary, treasurer, and manager thereof; if a copartnership, state true .name of firm, also names of
all individual copartners composing firm; if bidder or other interested person is an individual, state first and last
-names in full.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................................e.........................................................................•..............................• • ...............................................................~.......................................s...........................................................................•..............................•
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 signature shall be placed above. If signature is by an agent,
other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City
Clerk of the City of .Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid w~l be disregarded as irregular and unauthorized.
Business Address
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone No.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Place of Residence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated 19...........
27
- BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as .surety, are held and firmly bound unto the City of Bakersfield, a body
olitic and corporate of the State of California, in the sum of ~ dollars
to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs
xecutors and administrators,. successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred-
o in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Councd of said City and if ~ the above
ounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into .and execute a contract, to
nstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten
ys (not .including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for
xecution, then this obligation shall become null and void, otherwise it shall be .and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and
eals this .day of ,19 .
(Seal
(Seal
(Seal
Page 1 of 2
28
Y
STATE OF CALIFORNIA )
ss.
COUNTY ~F )
On this day of ,19_, before me,
a notary public in and for the County of ,State of California, personally appeared
personally known to me proved to me on the basis of
.satisfactory evidence
to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that he/she subscribed the. name of
thereto as surety, and his own name as Attorney in Fact.
IN VIiIITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public in and for said County and State
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Budding
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL .MODIFICATION ON "F" STREET AT TRUXTUN AVENUE
..,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~ and/or traffic si~mal system ,and
under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or
.should the .system as a whole prove defective, due to faulty workmanship, material furnished, or method of
installation, or should said system or any part thereof fad to operate properly, as planned, due to any of the. above
causes, all within (1) year after :date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in
said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any
such equipment and repair said systems completely without cost to the City, so that they wdl operate successfully as
originally .contemplated.
.The City- shall have the option to make any needed repairs or replacements itself or to have such
replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements.; In the `event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made
and such :materials as are necessary shall commence to be furnished and installed within TwentyFour (24) .hours of
the date specified in the City's written notification. Contractor shall prosecute with due d~igence to complete the
work within a reasonable period of time, as specified in .the City's written notification.
Said system w~l be deemed defective within the meaning of this guarantee in the- event that they fad to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications
included in said contract.
Date Contractor's Signature
Firm
Address
30
GUARANTEE
MATERIAL AND WORI~VIANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Budding
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL MODIFICATION ON "F' STREET AT TRUxTUN AVENUE
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 cast 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
31
-HOLD SS 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
32
SAMPLE SAMPLE
INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM
ON "F" STREET AT TRUXTUN AVENUE
CONTRACT N0.
THIS AGREEMENT, made and entered into on , by and between
the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called
"City," and ,hereinafter called "Contractor";
~ESSETH:
WHEREAS, City has duly advertised for sealed proposals for
within the City of Bakersfield. On ,the contract was awarded to Contractor upon his properly executed bid; and
`WHEREAS, one of the conditions of said award required a formal contract to be executed by and
between City -and Contractor.
NOW, THEREFORE, it is mutually agreed by and between the .parties
hereto as follows:
ARTICLE I
Contractor agrees to furnish supplies, equipment, labor and materials- for
within the .City of Bakersfield.
ARTICLE II
The following shall be :deemed to be part of this contract as if fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond 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 ~'WI (if required by Specifications) _1_
33
IN ~Ii~TTNESS WHlCREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
CITY OF BAKERSFIELD
BY Mayor
(NAME OF CONTRACTOR)
By
Contractor
APPROVED AS TO FORM:
By
City Attorney
COUNTERSIGNED:
By
Finance Director
-2-
jTo be completed by the Contractor, if he elects to substitute securities in lieu of retention].
34
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuantto Section :22200 of the Public Contract Code of the. State of California, Contractor figs the o tion-to p
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
N 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
ahall 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 o Escrow Agent in the amount of retention for the benefit
of the Owner until such time as the escrow created hereunder is terminated.
-1-
35
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering
the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on
that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at an time Y
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 onl b written . Y y
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
days' written notice to he Escrow Agent from the Owner of the default, the ..Escrow Agent .shall immediately
convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete,. and that
the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow-fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of
fees and charges.
9. Escrow Agent shall -rely on the written notifications from the Owner and the Contractor pursuant to Sections
(4~ to (6), inclusive,- of this agreement .and the Owner and Contractor shall hold Escrow Agent harmless from Escrow
Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the
owner and onbehalf 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-
36
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.
~~~~wner Contractor
Title Title
Name Name
Signature Signature
-3-
37
KNOW ALL MEN 6Y THESE PRESENTS, THAT,
WHEREAS, the CITY OF 6AKERSFIELD, California, a municipal corporation, hereinafter desi Hated the "Owner" g
has, on 1DATE OF AWARD1,19_, awarded to 1NAME OF CONTRACTOR) , a corporation organized and doin g
business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract
for the PROJECT DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful
performance of said contract; and
NOW, THEREFORE, WE, the Principal, and _ {LEAVE 6LANK FOR
.BONDING COMPANY), as Surety, are held and firmly bound unto the Owner in the sum of 100% OF AMOUNT
.AWARDED AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well and trul Y
to be-made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and several) , firm) b y yy
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
herein specified, and in all respects according to their true intent and meaning, and .shall indemni and save
harmless, the Owner, its officers and agents as therein stipulated, then thrs obligation shall become null and void;
.otherwise it shall be and remain in full force and virtue and Principal and Surety, in the eventsuit is brou ht on this g
bond, will pay to the .Owner such reasonable attorney's fees as shall be fixed by the court.
~ Y ~ - As a condition precedent to the satisfactory completion of the said contract, the .above
obligation in the said amount shall. hold. good fora period of one (1 }year after the com letion and acce fence of
. p ,p the said work, during .which time ~f the above mentioned Pnncipal, his or its heirs, executors, administrators,
successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or total) rotect
Yp 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 faul workmanshi in the rosecution of the p p
-work done, the above obligation in -the said amount shall remain m full .force and effect. However, anything in this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so Ion as an 9 Y
.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 rformed
thereunder or the specifications accompanying the same shall, m any way, affect ~s 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.
38
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 afi~xed 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 .
39
MATERIAL -LABOR BOND
BAKERSFIELD, County of Kern, State of California, hereinafter designated the
"Owner," has, on DATE OF COUNCIL MEETINGS ,awarded to
.(NAME OF CONTRACTOR
hereinafter designated as the "Principal," a contract for the construction of
DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS}.
WHEREAS, said Principal is required to furnish a bond in connection and with. said
contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR
BONDING C~MPANYI, as Surety, .are held and firmly bound unto the Owner the penal sum of 50%
OF AMOUNT AWARDED AT COUNCIL MEETINGS 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,. anal satisfactory
repair and replacements or totally protect the said Owner from loss of damage made evident during
said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above
obligation in-the said amount shall remain in full force and effect. However, anything in this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so
long as any obligation of the Principal remains.
40
.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 o 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
he contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections
2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of ,19_, the name and corporate seal of each
.corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
Principal
. (Seal} Signature for Principal Title
Surety
(Seal} Signature for .Surety Title
Attach notarization form for each required signature.}
Page2of2
41
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 PUBLIC WORKS
Joint Apprenticeship Committee, contact the nearest office of
the .Division of Apprenticeship Standards (DAS . Consult our CONTRACT AWARD INFORMATION Y telephone rectory under California, State of, Industrial
Relations, for the DAS office in your area.
NAND OF CONTRACTOR CONTRACTOR'S STATE LICENSE N0.
r
CONTRACTOR'S MAILING ADDRESS-NUN~ER d~ STREET, CITY, ZIP CODE AREA CODE d~ TELEPHONE N0.
NAME S LOCATION OF PU~.IC WORKS PROJECT DATE OF CONTRACT AWARD
DATE OF EXPECTED OR ACTUAL START OF PROJECT
NANIf do ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
APPRENTICES
OCCUPATION:OF APPRENTICE NUMBER TO BE EMPLOYED APPROXIMATE DATES TO BE EMPLOYED
Check One Df The Boxes Below:
BoX ~ i ~ i We request, dispatch of .apprentice(s) for this job.- We voluntarily choose- to comply with the applicable Joint
Apprenticeship Committee Standards for the .duration of this job .only, in training the apprentices(s}, We assume no other obligations to the committee or unions under. State or Federal laws.
Box 2 i _ i We .request dispatch. of apprentices} for this job. We do not wish to follow the applicable Joint
Apprenticeship Committee Standards in training the apprentices;: instead, we agree to employ and train
apprentices} in accordance with. the- California Apprenticeship Council regulations ,governing employment of
apprentices on public work projects. We assume no other obligations to the committee or unions under
State or Federal laws.
s
sox 3 i i We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will employ and train under the Standards.
sox 4 i _ i We do not request the dispatch of apprentice(s) .since apprentices -are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
Signature
Typed Name
Title Date
State of California Department of .Industrial Relations
DAS 140 (New 1190 DIVISION OF APPRENTICESHIP STANDARDS