HomeMy WebLinkAbout1996 Special Provisions Project T6K061
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CITY 4F BAK~ERSFIELD
CALIFORNIA
. NOTICE TO CONTRACTORS` - .
SPECIAL PROVISIONS
.BID PROPOSAL AND N CO TRA T C I~~
FOR
_ _
.
Traffic'Si nal and Li htin 5 stem for Old River Road at Howell Drive ~ g g v
BID OPENING.
DATE.: March 20 1996 _ ~
TIME: 11:00 AM.
PROJECT -NO. T6K061
• w DEPAR'TIVIENT OF PUBLIC ~ WORK$ _ PREPARED BY.
CITY OF BAKERSFIELD MARTIN-McINT
;1501,. TRUXTUN ,AVENUE 2001 VV~EL
C/ ~ ~ BAKERSFIELD, CA 93301 BAKERSF ; . . ~ ~ ~
~ Tele hone: 805 326-3724 ~ - Tele hone:.:. 814 p ( p
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Ha11,1501 Truxtun Avenue, Bakersfield, California, Until 11:00 o'clock A.M. on March 20,1996
to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL DRIVE
Plans and specifications, and forms of proposal, bonds, and contract, maybe obtained at the office of the Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00) for each complete set. Refund of
deposit will be made provided the plans and specifications are returned to the Purchasing Officerwithintwenty-
one (21) days from date of bid opening and the. documents are in reasonable good condition, The City assumes no
responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's
responsibility to meet the deadline stated above.
No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in
accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard
Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of
article 2-1.07 of the said Section 2 of the Standard Specifications.
The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work
described herein.
Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the
.provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand
deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of
.Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled
"Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions.
The Contractor must possess a valid Class A or 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 m~
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 openfor inspection at
the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
A sample contract is included in this bid package. Please review it carefully, this is the contract the
CONTRACTOR will be expected to execute without alteration.
1
GENERAL DESCRIPTION OF WORK
The work to be rformed consists, in general, of installing a traffic signal and lighting system, and striping
modifications.
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC wORK.S
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
' mbraced herein shall be done in accordance with the Standard 1-1-.01 GENERAL. This work a cifications Jul ,1992," as
' ' ns entitled "State of California, Department of Transportation, Standard Spe ~ Y SpecificaUo
' e ma a 1 ,which specifications are hereinafter referred to as the Standard referenced herein, insofar as the sam Y Pp y , ' ' ns.
S ifications, and in accordance with the following special provisio
ndard S ecifications and these special provisions, the special
In case of conflict between the Sta p ' ions shall take recedence over and be used in lieu of such conflicting portions.
proves P
1 definitions and terms in Sections 1, "Definitions and 1-1.02 DEFINITIONS AND TERMS. Al ns are used the
Terms " of the Standard Specifications shall apply, except whenever the following terms or pronou
intent and meaning shall be as follows:
City -City of Bakersfield, California.
rtation CALTRANS - 'The Engineering Department of the City of Bakersfield. Department of Transpo ,
Director -City Engineer.
' - i En 'veer actin either directly or through properly authorized agents, such Engineer The C ty In g
a ents acting within the scope of the particular duties entrusted to them. g
' ated laborato authorized by the City to test materials and work involved in Laboratory The design rY
the contract.
' ndard S cifications~of the Department of Transportation, Business, Standard Specifications - Sta pe
Transportation and Housing Agency, dated July, 1992.
State -The City of Bakersfield.
' ' ' f the Public Contract Code. The provisions of this act do State Contract Act -Chapter 1, Division 2 0
not apply to this contract.
rin in the Standard Specifications, the general provisions, and the special
Other terms appea g • • nt and meanin s ecified in Section 1, Definition of Terms of the Standard
provisions, shall have the ante g p Specifications.
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SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California,
will receive at her office, City Hall, l SO 1 Truxtun Avenue, in said City, until l 1:00 o'clock A.M. on March 20,
1996 sealed proposals for
TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL DRIVE
2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantifies of work to be done materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City
and B ersfield does note ressly or by implicafion agree that the actual amount of work will correspond therewith, of ak xp
r serves the ri ht to increase or decrease the amount of any class or portion of the work or to onut portions of but e g
the work that maybe deemed necessary or expedient by the Engineer.
- 03 EXAMINATION OF PLAN5, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE 21.
F WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, 0 ntract forms. It will be assumed that the bidder has invesfigated, and is satisfied as to the conditions to be and co
ntered the character, uality, and quantities of work to be performed and materials to be furnished, and as to encou q
r urements of the s ecifications, the special provisions, and the contract. It is mutually agreed that the the eq P
submission of a ro osal shall be considered prima facie evidence that the bidder has made such examination. pp
- 04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR 21.
GULARITIES. Pro sals may be rejected if they show any alterations of form, additions not called for, IRRE ~
' i nal or alternative bids, incomplete bids, erasures or irregularifies of any kind. Proposals in which the prices Condit o
obviously are unbalanced maybe rejected.
The ri ht is reserved to re'ect any and all proposals and waive any irregularity. g J
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the
'n Officer the form of which appears herein immediately following these special provisions. All proposals g Purc asi ~ bidder with his address. If the proposal is made by an
must give the paces proposed and must be signed by the
individual his name, telephone number and post office address must be shown. If made by a firm or partners p, ' If made by a
the name and post office address of each member of the firm or partnership must be shown. ro osal must show the names of the state under the laws of which the corporation was chartered corporation, the p p
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
m anied b a Pro osal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten acco p a Y p h 1 be considered unless such Proposal Guaranty is enclosed
.percent (10 /o) of the amount of said bid, and no bid s al
therewith.
_ TING OF PROPOSED SUBCONTRACTORS. Each proposal shall have 21.07 REQUIRED LIS
' he name and address of each Subcontractor to whom the bidder proposes to subcontract portions of listed therein t
' e amount of 112 of one ercent of his total bid or $10,000, whichever is greater, in accordance with .the work in th p
lettin and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract the Sub g
bidder's attention is invited to other provisions of said Act related to the imposifion of penalties for a Code. The
'1 re to observe its revisions by using unauthorized subcontractors or by making unauthorized substitutions. fai u P
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
' rs are cautioned that this listing requirement is in addition to the requirement to provide a list of Bidde
DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds.
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2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned
in the cifications and not shown on the drawings or shown on the drawings and not mentioned in the
specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are
manifestl or obviously necessary to carry out the intent of the drawings and specifications or which are Y
ustomaril furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such c y
omitted materials or erforming such omitted work; but shall be furnished or performed as if fiilly shown or P
described in the drawings or specifications.
2-1.09 WITHDRAWAL OF PROPOSALS. Any bid maybe withdrawn at any time prior to the time
in the ublic notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing fixed p authorized re resentaUve. The withdrawal of a
Department. The request shall be executed by the bidder or his duly p .
i does not re'udice the ri ht of the bidder to file a new bid. Whether or not bids are opened exactly at the time bd p ~ g
in the ublic notice for o Wing bids, a bid will not be received after that time, nor may any bid be withdrawn fixed p Pe
after the time fixed in the public notice for the opening of bids.
2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the
'me and lace indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be U p
present.
2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code
' n 5100 to 5107 inclusive, concerning relief of bidders and in particular to the requirement therein, that if Sectio s ' r claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days the bidde
' he bids of the alle ed mistake, specifying in the notice in detail. how the. mistake occurred. after the opening of t g
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 asubcontractor- at any tier upon the
contract if that rson, or any .partner, member, officer, director, responsible managing Pe
officer, or responsible managing employee thereof, has been convicted by a court of
com etent 'urisdiction of any charge of fraud, bribery, collusion, conspiracy,. or any other p J
act in violation of any state or federal antitrust law in connection with the bidding upon,
r of or erformance of, an public works contract, as defined in Section 1101, with awa d p Y
an ublic entity, as defined in Section 1100, including for the purposes of this article, the Yp Re ents of the University of California or the Trustees of the California State University. g
A state a ency may determine the eligibility of any person to enter into a contract under g
this article by requiring the person to submit a statement under penalty of perjury
declarin that neither the person nor any subcontractor to be engaged by the person has g
been convicted of any of the offenses referred to in this section within the preceding three
years.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm,
rshi co oration, or combination thereof under the same or different names will not be considered. partne p, rp
le ounds for believin that any individual, firm, partnership, corporation or combination thereof is Reasonab gr g
' in more than one ro osal for the work contemplated may cause the rejection of all proposals in which interested P P
' 'vidual firm artnershi , corporation or combination thereof is interested. If there is reason for believing such indi , p P . llusion exists amon the bidders any or all proposals maybe rejected. Proposals in which the prices that co g
obviously are unbalanced may be rejected.
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SECTION 3. AWARD AND EXECUTION OF CONTRACT
. L. The award of the contract, if it be awarded, will be to the lowest responsible 31.01 GENERA
idder. The lan a "res onsible" refers to not only the attribute of trustworthiness, but also to the quality, b gig p
fitness and capacity of low bidder to satisfactorily perform the proposed work.
- AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within 31.02
f -five 45 da s after the opening of the proposals unless extension is approved by the lowest responsible orty ( ) y
bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by
admitted sure insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil an tY
Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor
1 in an amount ual to one hundred percent (100%) of the contract price. The other of the said bonds and shal be ~
shall be in an amount of fifty percent (50%) of the contract price and shall guarantee payment to laborers, ' d material workers employed on the job under the contract and shall be in the amount and satisfy the
mechanics an requirements specified in Section 3248 of the California Civil Code.
Whenever an sure or sureties on any such bonds, or on any bonds .required by law for the protection Y tY
f the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or 0
'es have become insufficient, a demand in writing may be made of the Contractor for such further bond or suret
nds or additional sure ,not exceeding that originally required, as is considered necessary, considering the bo tY extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the
Contractor or an assi ee of the Contractor until such further bond or bonds or additional surety has been y ~
furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and
returned to ether with the contract bonds within ten (10) days, not including Sundays, after the bidder has g
received notice that the contract has been awarded. No proposal shall be considered binding upon the ' '1 the execution of the contract. All contracts shall be considered as being made and entered into in the City City unti
rsfield California. CONTRACTOR shall not be allowed to alter or negotiate contract .language after bid of Bake ,
in .Failure to execute the contract without alteration may result in the rejection of CONTRACTOR' S bid. open g .
Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not
' nda s after the bidder has received notice that the contract has been awarded, shall be just cause for including Su y ,
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
h Ci of Bakersfield will return any monies or form for deposit of money that are not to be considered contract, t e ty
in the award. All other ro sal guarantees will be held until the contract has been finally executed, after in mak g p lm
which they will be returned to the respective bidders whose proposals they accompany.
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SECTION 4 -
BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
RAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning 4-1.01 GENE
- "Time of Com letion" and Article 8-1.01, "Liquidated Damages," of the Standard of Work, Article 81.06, p
S cifications, and is specifically hereby made a part of these special provisions.
' - "Be innin of Work," of the Standard Specifications, is The first paragraph of Section 81.03, g g
amended to read:
1 be ' n work within fifteen (15) days after receiving written notice to proceed. The The Contractor shal gi
'li entl rosecute the same to completion before the expiration of 45 working days. Contractor shall dig y p
' swill commence from the date the Contractor begins work or the 15th calendar Contract working day
da from the date of the written notice to proceed, whichever comes first. Y
r shall a to the City of Bakersfield the sum of $200.00 per day for each and every The Contracto p y
' 1 in finishin the work in excess of the number of working days prescribed above. calendar day s de ay g
' on for conformin to the requirements of above paragraph shall be considered as Full compensate g
• for the various items of work and no additional allowance will be made therefor. included en the prices paid
' he En ' veer with a statement from the vendor that the order for the The Contractor shall furnish t ~ 'vendor and said statement
' al materials re aired for this contract has been received and accepted by said , electric q
' n 15 calendar da s from the date of the contract. Said statement shall show the shall be furnished within fiftee ( ) Y
date or dates the electrical materials will be shipped.
' n the ro'ect without rior written approval of the Engineer until all components No work shall begin o p J p anted ~ extension of time .and
necessa -for o eration of the signal system are on hand. The Contractor will be gr ~ p
• dama es or the cost of engineering and inspection for any porteon of the delay will not be assessed with liquidated. g n to be 'n rior to delivery of all
in com letion of the work caused by manufacturing time should approval be give gip • p
• The number of da s extension shall be the working days between the date as determen signal system components. y i t of all com vents as determined by the
according to .Special Provisions, Article 4-1.01, and the date of rece p Im • 1 com vents the Contractor shall notify the Engineer in writing and the Engineer
Engineer. Upon receipt of al po , will order start of work in writing.
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SECTION S -GENERAL
TE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," S 1.01 STA
' tion " of the Standard Specifications are deleted. This contract is not governed by the and 9-1.10, Arbitra
' • t Act. The ado tion and use of the Standard Specifications in the performance of the provisions of the State Contras p e Ci to roceed under Section 20396 of
work called for in this contract shall not be construed as an election by th ty p .
• he event that a dis ute arises between the parties, they are not obligated to submit the the Public Contract Code. In t P
matter to arbitration in any form (although they may do so upon written agreement).
_ TERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an S 1.OZ AL
' h to ether with all other previously approved change orders for that contract exceeds amount of $10,000 or whic , g thorized b the Ci Council.
twen -five rcent (25%) of the original contract amount, must be au Y tY ~ ~
F WORK. Control of work shall conform to the provisions in Section 5, 5-1.03 CONTROL 0
"CONTROL OF WORK," of the Standard Specifications
and these .special provisions.
- 02 "Plans and Workin Drawings", of the Standard Specifications is amended by adding Section 51. g
the following paragraph after the fourth paragraph:
' or lans for an structure not included in the plans furnished by the Engineer shall Working drawings p Y
ed b the En 'veer before any work involving these plans shall be performed, unless be approv y gi
approval is waived in writing by the Engineer.
' - "Lines and Grades" of the Standard Specifications is amended by adding the following Section 5 1.07
paragraph after the first paragraph:
five ints shown on the same rate of slope must be used in common, in order to detect Three consecu po
' m a strai ht ade, and in case any such discrepancy exists, it must be reported to the any variation fro g ' discre an is not re rted to the Engineer, the Contractor shall be responsible for
Engineer. If such a p cY Im any error in the finished work.
' n Section 5-1.07 "Lines and Grades" of the Standard Specifications is The second paragraph i ,
amended to read:
r re wires such stakes or marks, he shall notify the Engineer of his requirements
When the Contracto q ' ' ' reasonable len h of time in advance of starting operations that require such stakes or in writing a ~
vent shall a notice of less than 24 hours be considered a reasonable length of time. marks. In no e ,
• cifications is amended by adding the following Section 5-1.08, Inspection of the Standard Spe
paragraph after the first paragraph:
ontractor varies the riod during which work is carried on each day, he shall give Whenever the C I~ ' he En ineer so that roper inspection may be provided. Any work done in the absence
due notice to t g p of the Engineer will be subject to rejection.
ING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code S 1.04 PREVAIL
' 'on 1720 Contractor agrees that in performing said work, by himself or through any (commencing with Secti ~ r shall be a week's work, and that
subcontractor, eight hours' labor shall be a day s work and forty hours labo • rate record showin the name and actual hours worked for all workers employed in
Contractor shall keep an accu g r for ins ection ursuant to Section 1812 of
said work, and that said record shall be kept open at all reasonable how s p P for and all Subcontractors shall pay not less than the general prevailing rate of per the Labor Code. The Contras .
• ilin rate for holida and overtime to all workers employed in the construction of diem wages and the general preva g Y
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' vailin rate for each craft, classification or type of work is determined by the Director of the this project. The pre g
' ent of Industrial Relations, and his schedule of prevailing rates is on file and available for California Departm
• i Works De artment. The schedule is incorporated herein by this reference. The,City shall inspection in the Publ c p
' t a oll records during normal working hours and shall have the right to question workers have the right to inspec p yr
' in the wa es bein aid. Contractor shall not interfere in any way with the City's right to at any time concern g g g P
investigate conformance with the wage provisions of this contract.
11 forfeit to the Ci for each worker employed for each calendar day or portion thereof: Contractor sha ty
DOLLARS $50 ursuant to Section 1775 of the Labor Code, per worker paid less than a. FIFTY ( ) p • • es• and
the amount to which he is entitled under said general prevailing rate of wag ,
ENTY FIVE DOLLARS (S25) pursuant to Section 1813 of the Labor Code, per-worker
b. TW fired to work more than eight (8) hours per day or more than forty (40) hours per week, requ
except as provided in Section 1815 of the Labor Code.
- AYROLL RECORDS. The fourth paragraph in Section 7-I.OIA(3), "Payroll Records," 51.05 P
of the Standard Specifications is deleted and shall not apply to this contract.
- BOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor 51.06 LA
Nondiscrimination," of the Standard Specifications and these special provisions.
• re uirements of the California Fair Employment and Housing Act Attention is also directed to the q Fair Em to ent and
rnment Code Sections 12900 through 12996), to the regulations promulgated by the p ym (cove
' ' n to im lement said Act, and to the nondiscrimination, affirmative action and equal Housing Commissio p
em to merit opportunity requirements in the special provisions. PY
5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-l.OlA(5),
a Standard S ecifications. All Contractors and Subcontractors shall comply with the provisions Apprentices, of th p
r Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. of Labo
r does not have a union contract which provides for apprentices, the Contractor and If the Contracto
all Subcontractors shall .submit one of the following:
co of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF 1. A py LATICES ON PUBLIC WORKS." This
APPROVAL TO EMPLOY AND TRAIN APPRE , , .
est shall be submitted to the local Department. of Industrial Relations, Division of requ
n iceshi Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, Appre t p
enclosed with these specifications.
n a royal to em to and train apprentices from the local Department of Industrial 2. A copy of a pp p Y Relations, Division of Apprenticeship Standards.
ollective Bar ainin Agreement with the Joint Apprenticeship Committee providing 3. Proof of a C g g
for apprentices.
ubmitted b the low bidder to the City of Bakersfield Purchasing One of the above shall be s y
Division, within two (2) working days following the bid opening.
NCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code 51.08 THE
which rovides that the Contractor's responsibility shall be as follows: P
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If the contract price for the project includes an expenditure in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five feet or more in
de th the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed p ~ h rin bracin slo in or other provisions to be made for worker
plan, showing the design of s o g, g, p g
rotection during the excavation of the trench, has been submitted by the Contractor to the City P
Engineer and the detailed plans has been approved by the City Engineer.
If such lan varies from the shoring system standards established by the Construction Safety Orders
p of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothin in this section shall be deemed to allow the use of a shoring, sloping, or protective system g
1 s effective than that re wired by the Construction Safety Orders of the Division of Industrial Safety. es q
Nothin in this section shall be construed to impose tort liability on the awarding body or any of its g
employees.
The terms "Public Works" and "Awarding Body," as used in this section, shall have the same
meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the. provisions
in Section 7-1.OlI "Sound Control Requirements," of the .Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M.,
hall not exceed 8b dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from s
responsibility. for complying with local ordinances .regulating noise level.
Said noise level re uirement shall apply to all equipment on the job or related to the job, including a
ut not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. b f loud sound si nals shall be avoided in favor of light warnings except those required by safety laws for The use o g
the: protection of personnel.
' rmin to the re uirements of this section shall be considered as included Full compensation for confo g q
' aid for the various contract items of work involved and no additional compensation will be allowed in the prices p
therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay
and ive all notices necessary and incidental to the due and lawfiil prosecution of the work all. charges and fees, g
.all overnmental or anization which require such permits, licenses or fees. The Contractor shall from any and g g
procure a business license in the City of Bakersfield.
5-1.11 WORxING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to
• 0 P.M. Monda throw h Frida .Any deviations must be requested and in writing and directed to the 4.3 v ~_____.Y ' En ineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for Construction g
nd these limits. An time work proceeds, which requires inspection services for more than. an eight work beyo y
rk da or on holida s or weekends, the Contractor will be charged for all associated overtime charges (8) hour wo y, y
and said charges maybe withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all
' r State and National laws and all municipal ordinances and regulations of the City of Bakersfield existing and futu e ' nner affect those en a ed or employed in the work, or the materials used in the work, or which in which in any ma g g
affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any any way
jurisdiction or authority over the same.
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5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this
contract until he has obtained all insurance required under this section and the required certificates of insurance
have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have
been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be
responsible for any deductibles under all required insurance policies.
5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City,
its officers a ents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in g
law or ui that may at any time arise from or related to any work performed by the Contractor, his agents, ~ ty
em to ees or subcontractors under the terms of this agreement and shall execute and return with the executed PY
contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto.
_ RANCE. In addition to an other form of insurance or bond required under the
51.13B INSU Y terms of this a Bement and specifications, the Contractor shall procure and maintain for the duration of this
l~ agreement the following types and limits of insurance:
Automobile liability insurance, providing coverage on an occurrence basis for bodily injury,
including death, of one or more persons, property damage and personal injury, with limits of not
less than one million ($1,000,000) per occurrence; and
The automobile liability policies shall provide coverage for owned, non-owned and hired autos.
General liabili 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 liabili licies shall contain an additional insured endorsement in favor of the City, its mayor, typo
council, officers, agents, employees and volunteers;
r ' om nsation with statuto limits and em to Br's liabili insurance with limits of not W~rke s c ~
-less than one million ($1,000,000) per accident.
The workers' com nsation olicy shall contain a waiver of subrogation endorsement in favor of the Pe P
City, its mayor, council, officers, agents, employees and volunteers.
All. licies required of the Contractor hereunder shall be primary insurance as respects the City, its
mayor, council, officers, agents, employees and volunteers and any insurance orself-insurance
maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
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 an part of the work under this agreement is sublet, similar insurance shall be provided by or on
Y behalf of the subcontractors to cover their operations.
` 11
The insurance required under this agreement shall be maintained until all work required to be rformed under the terms of this agreement is satisfactorily completed as evidenced by formal
acceptance by the City.
All costs of insurance required under this agreement shall be included in the Contractor's bid,
and no additional allowance will be made for additional costs which maybe required by
extension of the insurance policies.
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall
rovide the Ci with the foreman's or superintendent's name who will be in charge of this project.
p tY
S-1.iS DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section
" b Storm Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall 7-1.165, Damage y ,
not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these
' at is located in the ublic streets in the City of Bakersfield shall be done in accordance with City specifications th p
Ordinance re latin the use of public streets within the City, except as otherwise provided herein. ~ g
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and
n of Streets of the Ci of Bakersfield and shall conduct his operations in compliance therewith. Superintende t tY
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the
' ntractor shall make his own arrangements, and pay all expenses for additional area required by him City. The Co
outside of the limits of right of way unless otherwise provided in the special provisions.
F CONTRACT. If at any time in the opinion of the City Council, the S 1.18 SUSPENSION 0
or has violated an terms of this contract, failed to supply an adequate working force, or material of proper Contract Y
' failed in an other res ct to prosecute the work with the diligence and force specified and intended quality, or has y l~ the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or in and by
r vide means for a satisfactory compliance with the contract, as directed by the Engineer, within the refuse to p o
' in such notice the Ci Council in any such case shall have the power to suspend the operation of time specified ~ iscontinue .said work, or such parts of
the contract. Upon receiving. notice of such suspension, the Contractor shall d
' Ci Council ma desi nate. Upon such suspension, the Contractor's control shall ternunate, and it as the tY y g
reu n the Ci Council, or its duly authorized representative; may employ other parties to carry the contract. to the po tY
' to the neces workmen, substitute other machinery or materials, and purchase the materials completion, emp y ~'y r in such manner as the Engineer may deem proper; or the City Council may annul and cancel the
contracted fo , . . t and re-let the work or any part thereof. Any excess of cost arising therefrom over and above -the contract contrac
' e char ed a ainst the Contractor and his sureties, who will be liable therefor. In the event of such price will b g g
' 1 mone due the Contractor or retained under. the terms of this contract shall be forfeited to the City; suspension, al y
' re will not release the contractor or his sureties from liability or failure to fulfill the contract. The but such forfeitu
or and his sureties will be credited with the amount of money so forfeited toward any excess of cost over Contract
ntract rice arisin from the suspension of the operations of the contract and the completion of and .above the co p g i as above rovided, .and the Contractor will be so credited with any surplus remaining after all
the work by the C ty p 'ust claims for such completion as determined by the Engineer have been paid. J
' ion of the uestion whether there has been any such non-compliance with the In the determinat q
nt the sus ension or annulment thereof, the decision of the City Council shall be binding on all contract as to wawa p
parties to the contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to
e work wholl or in art, for such period as he may deem necessary, due to unsuitable weather, or to suspend th y p
' ' ns as are considered unfavorable for the suitable prosecution of the work, or for such time as he such other conditio ,
f
~ 12
' rt of the Contractor to carry out orders given, or to perform any
may deem necessary, due to the failure on the pa rand shall not resume the 'sions of the work. The Contractor shall immediately obey such order of the Enginee prove
work until ordered in writing by the Engineer.
' ted to Sections 9-1.06, "Partial Payments," and 9-1.07, 5-1.20 PAYMENTS. Attention is direc , •
" ent After Acce tance," of the Standard Specifications and these special provisions. Paym P
' ' 1 made for an materials on hand which are furnished but not incorporated
No partial payment wil be Y in the work.
MENT. In addition to the conditions, provisions, and requirements of Article 5-1.21 FINAL PAY
' ent and Claims," of the Standard Specifications, the following shall apply: 9-1.01B, Final Paym
' old funds or because of subsequently discovered facts, nullify the whole or any
The City may withh ' for a ~ ent to such extent as maybe necessary to protect the City from loss part of any certificate p ym ,
due to causes including but not limited to the following:
a. Defective work not remedied;
Claims filed or information reasonably indicating probable filing of claims; b.
c. Failure of Contractor to make payment due for materials and/or labor;
in reasonable doubt that the contract can be completed for any unpaid balance; d. Information caus g
e. Damages to another Contractor; .and
f. Breach of any terms of this contract.
auses are removed, certificates shall be issued for amount withheld. When any and all such c
• - 7B "Final Pa ent and Claims," of the Standard Specifications The fifth paragraph in Section 9 1.0 Ym
is amended to read:
• rmination of an claims which remain in dispute after The Director will make the final Bete Y 'll review such claims
com letion of claim review. A board or person designated by said Director wi p
and make written recommendation thereon.
• 1 ' on of the contract, make a final estimate of .the amount of
The City Engineer shall, after the comp eti so found to be due after
rk done thereunder, and the value of such work, and the City shall pay the entire sum wo ' a ents and all amounts to be kept and all amounts to be retained under e
deducting therefrom all previous p ym • • ' r artial estimates and payments shall be subject to correction in the final rovisions of the contract. All prio p
p ent shall not be due and payable until the expiration of thirty (30) days from estimate and payment. The final paym
TION" is recorded at the County Recorder's Office and after execution and the date the NOTICE OF COMPLE
return b the Contractor of the attached GUARANTEE when applicable. Y
• een the arties to the contract that no certificate given or payments made
It is mutually agreed betty p 'ficate or final a merit, shall be conclusive evidence of the performance of
under the contract except the final certi , p Y first art and no a ent shall be ntract either wholly or in part, against any claim of the party of the f p P Ym
the co , trued to be an acceptance of any defective work or improper materials. cons
~ 13
rther a ees that the payment of the final amount due under the contract, and
And the Contractor fu gr • work done in accordance with any alterations of the same, shall release the
the adjustment and payment for any neer from an and all claims or liability on account of work performed under City, the City Council, and the Engi y
the contract or any alteration thereof.
D UANTITIES. The word "compensation" in the 5-1.22 INCREASED OR DECREASE Q
hs of the Standard Specifications is replaced with the words "unit price": follov~nng paragrap
Third ara ra h of Section 18-1.05, "PAYIv~NT". p g P Fourth paragraph of Section 24-1.11, "PAYIv~NT".
Eleventh paragraph of Section 39-8.02, "PAYMENT".
. S MATERIALS. The Contractor shall be held responsible for his workers 5-1.23 HAZARDOU
. eir education of handling hazardous materials when hazardous materials are and subcontractor s well being and th
encountered during this project.
14
SECTION 6 CONTROL OF MATERIALS
ontrol of materials shall conform to the provisions in Section b, "Control of 6-1.01 GENERAL. C
Materials," of the Standard Specifications and these special provisions.
• u 1 of each of the materials shall be approved by the At the option of the Engineer, the source of s pp y imi
is started and before such material is used in the work. Representative prel nary Engineer before delivery
° i rescribed shall be submitted by the contractor or producer of all materials to samples of the character and qual ty p
be used in the work, for testing or examination as desired by the Engineer.
rials furnished b the contractor shall be made in accordance with commonly All tests of mate y
• ' nal or anizations, and such special methods and tests as are prescribed en the recogiuzed standards of naUo g
specifications.
. BROW DISPOSAL AND MATERIAL SITES. The operation of any borrow or 6102 B ~ material for this roject shall comply with the
des .sal sites used by the Contractor to produce or dispose of p 'on and po All provisions for water pollute ,
re uirements in the Standard Specifications and these special provisions. • • he q ' in the limits of the contract shall apply to all borrow or disposal sites utilized y t sound control that apply with
Contractor.
• d haul roads shall be graded .and treated so that, at the Upon completeon of the work, all such sites an nd will have a
' of final ins ection of the contract, they will drain, will blend with surrounding terrain, a time p ' r other lludon which is no greater than when in their original condition.
potential as a source of blowing dust o po
ins elecessa rmits for borrow, disposal or material sites from the authority If the Contractor obta ry Pe
• riate llutioncontrol boards and such. permits contain requirements which having jurisdiction or from the approp lm 'section the re uirements of the permits
conflict with the requirements in the first and second paragraphs of this q
' meets. of this section provided the permit requirements have been approved shall govern over the conflicting require
by the Engineer.
' 'th the re uirements for borrow, disposal and material .sites in Full compensation for complying wi q f work which re uire the use
' coon shall be considered as included in the contract prices paid for the items o q this se
of the sites and no additional compensation will be allowed therefor.
- 03 CERTIFICATES OF COMPLIANCE. In accordance with Section 61.
~ liance " of the Standard Specifications, the Engineer may permit the use of certain 6-1.07, Certificates of Comp ~ i d b a Certifecate of Compliance.
materials or assemblies, prior to sampling and testing, if accompan e y
15
E i
SECTION 7, CONSTRUCTION DETAILS
SECTION 7-1 GENERAL
r- 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 tragic 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 alternate material acceptable to engineer, with an observation hole (max. l" dia.) in front of each
signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into operation. Acceptable alternate materials include signal head covers with observation holes for each
indication as manufactured by Pacific Innovations Enterprises.
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.
For accessibility purposes, all sidewalk and handicap .ramp installation at and around the controller must be completed for a minimum of two days prior to signal turn on and commencement of the Functional Test.
7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway
Facilhies," 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,
"Res nsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such Im
facilities and improvements for any damage or interference with service resulting from conducting his operations.
The exact location of underground facilities. and improvements within the construction area shall be ascertained by
the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces
maybe engaged in moving or removing utility facilities or other improvements or maintaining services or utilities.
The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces.
Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly
located on the plans will not be compensated for as idle time. However, additional contract time commensurate
with such delays maybe allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and
current o rational status of all landscape irrigation wiring, mainlines, laterals and other facilities. l~
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The
Contractor shall be responsible for repairing and reconnecting severed or damaged linesand/or wiring and
replacement of damaged plant material at his own cost. In the event of interruption of irrigation operations due to
16
ontractor shall be responsible for maintaining the health of plant material in the damage by the Contractor, the C
area for the duration of irrigation interruption.
Existin land subdivision monuments and stakes shall be fully protected from damage or g
dis lacement and they shall not be disturbed unless directed by the Engineer. P
' ted to the fact that nuisance water may be present at all times along the project. It Attentron rs direc ' ' ' ntractor to rovide for handling of said water and any expense involved shall be
will be the responsibility of the Co p no additional allowance will be made
considered as included in the prices paid for the various items of work and therefor.
' f extra work full compensation for conforming to the requirements of this Except in the case o various items of work and no additional
article shall be considered as included in the prices paid for the
compensation will be made therefor.
- G TRAFI[+'IC. The Contractor shall furnish, install and maintain signs, lights,
11.03 NfAINTAININ devices when rforming work which interferes with or endangers the safe
flags and other warning and safety l~ movement of traffic on any street or highway.
• nd other warnin and safety devices and their use shall conform to the Signs, lights, flags a~~ g - Si ns Li hts, and Devices for Use in
re uirements set forth in the current Manual of Traffic Controls Warning g ~ g 'on. q
U on Hi hwa s," published by the State of California, Department of Transports Performance of Work p g y d b the En ineer.
A plication and use of devices shall be as specified and as directe y g p
rsfield Fire De artment informed at all times as to the exact The Contractor shall keep the Bake p sable for fire fi kiting
' n ro Tess of the work and shall notify them immediately of any streets rmpa g location a d p g
.equipment.
' 'neteenth ara a hs of Section 7-1.08, "Public Convenience," of the Standard The sixteenth and nr p P
Specifications, shall be amended to read as follows:
• ' ' lane closures shall be actively in progress only between the hours Construction operations requiring
indicated below, Monday through Friday, except legal holidays.
Direction of Travel H-°ur-s- Street
B01'H 8:30 - 4;30
Old River Road 8:3.0 - 4:30 Howell .Drive BOTH
' ' ns are activel in rogress, a minimum of one traffic lane shall be open for Where construction operatio y p snot less than two such lanes shall
use b ublic traffic. Where construction operations are not actively rn progres ion YP
' affic. Public traffic may be permitted to use the shoulders and, if half-width construct be open for use by public tr 'tted to use the side of the roadbed opposite to the one under construction. No
methods are used, may also be perms • ~ l wed for an skis ing of shoulders necessary for the accommodation of public
additional .compensation will be al o y p traffic thereon during paving operations.
' sa a of ublic traffic through or around the work and where ordered by the In order to expedite the pas g p
his own a ense, furnish, install and maintain construction area signs, lights, Engineer, the Contractor shall, at ~ ~ • • sole convenience and direction of public
flares tem o railing (Type K), barricades, and other facilities for the P ~'y ' he En ineer the Contractor shall furnish competent flagmen whose sole duties
traffic. Also, where directed by t g • ent of ublic traffic through or around the work. When deemed necessary by
shall consrst of directing the movem p Construction " No. C-13, shall be furnished, the Ci the si s "Road Construction Ahead, No. C 18, and End ,
ty, ~
17
• Contractor at locations as directed by the Engineer at least 48 hours in advance of
installed and maintained by the any construction.
The Contractor shall report all accidents to the Engineer.
' ' n to the re uirements of this article shall be considered as PAYMENT. Full compensation for conforms g Q herefor.
' rices aid for various items of work and no additional allowance will be made t included sn the p p
_ ELINEATION. Immediately after any construction where delineation is obliterated or 71.04 TRAFFIC D
• re ~ lace all obliterated pavement delineation with temporary delineation during the when directed by the Engineer, p such work rind.
same work period, and in no case later than 7:30 a.m. following 1~
' consists of reflective traffic line tape applied in pieces not less than 4 inches long Temporary delineation
' ' de s aced no more than 20 feet apart on tangents and no more than 10 feet apart on nor less than 4 snches wi p e manufacturer's instructions. Temporary delineation
curves. Apply reflective traffic line tape in accordance with th must be the same color as the permanent delineation.
' halt concrete atches immediately prior to applying asphaltic Remove temporary delineation applied to asp P
emulsion tackcoat for asphalt concrete overlay.
• ' m de available to the Contractor when traffic delineation is to be modified by the
A striping plan will be a
City.
' elineation shall be considered as included in the prices paid PAYMENT. Full compensation for traffic d
for the various items of work, and no separate payment will be made therefor.
FACILITIES. The work performed in connection with various existing 7-1.05 EXISTIl~IG HIGHWAY Facilities " of the Standard
facilities shall conform to the provisions in Section 15, "Existing .Highway ,
Specifications and these special provisions.
• i sand street markers shall remain the property of the City. Such signs and Existing City highway s gn
maintained durin construction so as to convey the same intent that existed street markers shall be relocated and g
prior to construction.
• kers shall be laced in their permanent position by the
Existing City highway signs and street mar p hall be delivered to ntractor's forces rior to completion of construction. Signs removed from the project area s Co p
the City Corporation Yard at 4101 Truxtun Avenue.
' 'n to the re uirements of the two preceding paragraphs shall PAYMENT. Full compensation for conforms g 9 • • llowance will be made
' red as included in the prices paid for the various items of work and no additional a be conssde
therefor.
GRUBBING. Clearing and grubbing shall conform to the provisions in Section 7-1.06 CLEARIlVG AND
'n and Grubbin of the Standard Specifications and these special provisions. 16, Clean g g
' 11 be limited to those areas actually affected by the planned construction as Clearing and grubbing sha
directed by the Engineer.
L. It shall be the Contractor's responsibility to prevent a dust nuisance from
7-1.07 DUST CONTRO ' work as a result of his operations, or the travelsng public, during the effectsve
originating from the site of the ' measures to be taken by the Contractor shall include but shall not be limited to period of this contract. Preventative
the following:
r
18
E P.
a
Water shall be a lied to all unpaved areas as required to prevent the surface from becoming dry 1. Pp enough to permit dust formation.
2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
sus nsion of the work, either as a result of order by the Engineer, or as a result of conditions Temporary pe for from his res risibility for dust control as set
beyond the control of the Contractor shall not relieve the Contrac lm
forth herein.
NT. Full com nsation for conforming to the requirements of this article shall be considered as PAYME pe
' rices aid for the various contract items of work and no additional compensation will be allowed included in the p p
therefor.
7-1.08 REMOVE ~ ~ C STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement
markin s to be removed will be as shown on plans and' as designated by the Engineer. g
Traff c stri es and avement markings shall be removed to the fullest extent possible from the pavement p P
that does not materially damage the surface or texture of the- pavement or surfacing. Where blast by any method
' for the removal of ainted traffic stripes and pavement markings, the area shall be shielded so that cleaning is used P
' m the blastin o ration is allowed to enter the area that is open to public traffic. Sand or other no material fro g Pe
' on the avement as a result of removing traffic stripes and markings shall be removed as the material deposited p Accumulations of sand or other material which might interfere with drainage or might constitute
work progresses. a hazard to traffic will not be permitted.
Traffic stri es shall be removed before any change is made in the traffic pattern. p
' f traffic stri es shall be feathered out to irregular and varying widths. Blast cleaning for removal o p
kin s shall be removed by blast cleaning a rectangular area, rather than dust lettering or markings, so Pavement mar g the old message cannot be identified.
er removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance Aft
'th the rovisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following: wi p
' removal areas the fo seal coat shall be applied over the traffic stripe removal area and to In traffic stripe g
' ' n widths with an avera a width of 2 feet on each side of the blast cleaned traffic stripe removal irregular and varyi g g area.
' the fo seal coat shall be applied to the blast cleaned rectangular In pavement marking removal areas, g
area.
' ' hin and a 1 ' n fo seal coat as specified herein shall be considered as Full compensation for furnis g pp Yi g g ' ntract rice aid r square foot for removal of traffic stripe and pavement marking and no
included in the co p p l~ separate payment will be made therefor.
• ' ' shall relieve the Contractor from his responsibilities as provided in Nothing in these special provisions
Section 7-1.09, "Public Safety," of the Standard Specifications.
NT AND PAYMENT.. Quantities of traffic stripe removed will be determined by the width MEASUREME ' 7-foot multi lied b the length of the stripe. The space between double traffic stripes will be
of the stripe plus 0.6 p Y ' r is stri uantities of pavement markings removed will be determined by the actual size measured as painted t aff pe Q
of the rectangle measured in square feet.
f
19
i
• will be aid for at the contract unit price per square foot for the actual area of
Removing of traffic stnpes p
authorized stripe removal.
r s care foot as remove traffic striping and marking shall include full The contract unit pace pe q
• l bor materials, tools, equipment, signs and for doing all work necessary for compensation for furnishing all a ,
removin existing striping as shown on plan and as directed by the Engineer. g
ES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement markings
7-1.09 TRAFFIC STRIP ' 11 conform to Section 84-2, "Thermoplastic Traffic Stripes and Pavement Markings,
shall be thermoplastic and sha of the Standard Specifications, and these special provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
thereto lastic materials shall conform to State Specification 8010-21C-19. The p
Stri swill be measured by the lineal foot of Striping Detail specified.
MEASUREMENT. Traffic pe ' in Details are referenced in the bid items, the plans and the Standard Plans. Step g
NT MARKERS. Pavement Markers shall conform to Section 85, "Pavement 7-1.10 PAVEME
Markers", of the Standard Specifications and these special provisions
• moved and new markers shall be placed in accordance with the
Existing pavement markers shall be re ' n these s ecifications, as they raffic Manual "Markings" Section per the following details enclosed withi p
State T apply to existing striping.
Detail 22
Detai138
' ni a Mode1948 Glass Faced Pavement Marker or equal and they shall be in
Pavement shall be Stimso t accordance with the State Specifications.
o the avement surface by hot melt bituminous adhesive. Pavement markers shall be cemented t p
included in contract price per lineal foot of various Striping PAYMENT. Pavement markers shall be therefor.
' bid items and on the plans, and no additional compensation will be made Details,. specified as ,
' ' ns shall conform to the provisions in Section 56-2, "Roadside 7-1.11 ROADSIDE SIGNS. Roadside sig
Si ns," of the Standard Specifications and these special provisions. g
' shall conform to City Standard T-19. Where sign posts are placed within Miscellaneous roadside suns ' k shall be core drilled. Roto hammering or other similar methods will be
concrete sidewalk the sidewal ' t the erimeter of the damaged area is sawcut to the limits required to form a neat
permitted provided tha p • ~ ineer. Si ns shall be installed as shown on the plans. Sign .panels shall be finish as directed by the Eng g
' kips M2G series bolt and vandal proof nut assembly or equal. Roadside. signs mounted on posts with Haw
• 11 be located within sidewalk 6 from back. Signs mounted on signal or other installed per Std. T-19 sha It and nut assembl .
oles shall be attached with stainless steel strap and vandal proof bo y p
• ' ns anels shall be mounted on posts with Hawkins M2G series bolt and
Warning and Regulatory sip p adside si s installed per Std. T-19 shall be located within sidewalk 6"
vandal proof nut assembly or equal. Ro ~ 'mess steel stra and vandal proof bolt from back. Si ns mounted on signal or other poles shall be attached with star P
g and nut assembly.
20
I
MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per
unit for Install Roadside Signs (GSP Post).
Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign
(GSP Post).
7-1.12 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56,
"Signs," of the Standard Specifications and these special provisions.
Non-illuminated street name signs will be furnished and installed by City of Bakersfield using mast-arm
s such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptable hanger method
equal.
si ns installed on si nal poles, mast-arms or on flashing beacon mast-arm shall be furnished Overhead g g
' the Contractor in accordance with the plans and these special provisions. Compensation for and installed by ' hall be considered included in the respective contract lump sum price or prices for signal, flashing
overhead signs s beacon or combination thereof and no additional compensation will be allowed therefor.
- 13 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Sections 15,
• ~ 1. • • • d 19-1.04 "Removal and Disposal of Burred Man- "Eustmg Highway Facilities, 16, Clearing. and Grubbing, an ,
Made Ob'ects " of the. Standard Specifications'andthese special provisions. J
r moved shall be des osed of in accordance with the provisions in Section 7-1..13 "Disposal of Concrete e P
material Outside the highway Right of way," of the Standard Specifications.
T AND PAYMENT. Full compensation for conforming to the requirements of this MEASUREMEN
nsidered as included in the various items of work requiring concrete removal and no additional article shall be co
compensation will be made therefor.
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
' n shall conform to the rovisions in Section 86-2.03, "Foundations," 7-2.01 FOUNDATIONS. Foundat~o s p
of the Standard Specifications and these special provisions.
' anchor bolts nuts and washers to be used for new foundations and shall
The Contractor shall furnish the ,
furnish the appropriate nuts and washers for existing foundations to be reused.
n foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03, Whe
"Foundations", shall be amended to read:
n ations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed when fou d
less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be to a depth of not
backfilled with material equivalent to the surrounding material.
- NDARDS STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall 7 2.02 STA
'sions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard Specifications conform to the prove
and these special provisions.
' st arm oles with luminaires from the hand hole at the base of the
A pull rope shall be installed in all ma P n with a
throw h the luminaire arm to the luminaire. The pull rope shall be nylon or polypropyle e pole up g ' ' nsile stren h of 500 ounds. At least 2 feet of pull rope shall be doubled back mto the pole or arm at nunimum to gt P
each termination.
21
7-2.03 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions.
Conduits,~na be installed by either jacking/drilling or open trench methods except where a specific Y
method is required on the plans. "Trenching in Pavement Method" for installation of conduit in pavement, except
in paved medians, shall conform to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose
uncompacted material shall be removed from the bottom of the trench prior to placement of conduit.
The trench shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a one
(1) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the
pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates.
3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02,
"Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt
concrete shall be performed by any method which will produce an asphalt concrete surface of
uniform smoothness, texture, and density.
All excavated areas in the avement shall be backfilled except for the top 0.20 foot, by the end of 4. p
each work day. The top 0.20 foot shall be placed within three (3) working days after trenching.
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.
Conduits installed under sidewalk shall be jacked or drilled. Remove and replace complete sidewalk anels to nearest seam or scoreline if pits in sidewalk area for jacking/drilling are. necessary. Removal and
P replacement of entire sidewalk area for jackingldrilling pits is also allowed.
D ndent u on adverse soil conditions or other circumstances encountered at the time of construction, epe p
the Engineer may specify which of the above methods may be used.
A ull ro conforming to Section 86-2.05C "Installation" of the Standard Specifications shall be included P l~ in all conduit for installation of future conductors.
- P LL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of 7 2.04 U
the Standard Specifications and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in
Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special
provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except lighting,
internall .illuminated street name signs, camera detection and between the service point and controller cabinet. Y
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."
22
' le 3-M ticom Model 138 or equal) shall have four conductors of AWG #20
The optical detector cab ( ~ ' nt rotection. The 8 stranded individually tinned drain wire to provide signal integrity and transie p (7X2 )
individually tinned copper, color-coded insulation shall be as follows
a. Oran a for delivery of optical detector power g
b. Negative return wire for optical detector power
c. Yellow for optical detector signal # 1
d. Blue for optical detector signal #2
' hall conform to the provisions in Section 86-2.11, "Service", of the Standard 7-2.06 SERVICE. Service s
Specifications and these special provisions.
edestal shall be T III-BF, per Caltrans Standard Plan ES-2E, with Unless otherwise noted, service p ~ 1 main breaker and the following
'ndow for hotoelectric unit, and shall be furnished with 70 amp, 240 volt, 3 po e wi p
branch circuit breakers:
Phase Volts Branch Metered No. A~ -
110 Traffic Signal Yes 1 6U 1
1 110 Lighting No
2 30
' ervin utili to complete service connections to service points shown on the The Engineer will arrange with the s g tY
s and will a all required costs and fees required by the utility. plan p Y
• 'sions in Section 86-2.14, "Testing," of the Standard 7-2.07 TESTIlVG. Testing shall conform to the prove
Specifications and these special provisions.
• flashin mode with signal faces uncovered, prior to Functional Testing. The signal shall not be placed m g
All functional testing shall conform to the provisions is Section 86 2.14C FUNCTIONAL TESTING.
" 'oval Testin " of the Standard Specifications and the following paragraph: Functi g~
• he number of working days to complete the project as described in
Functional test period is included in t D LI UIDATED
N 4 "BEGINNING OF WORK, TIME OF COMPLETION AN Q SECTIO , DAMAGES" of these special provisions.
HEADS. Si al faces, signal heads and auxiliary equipment, as 7-2.08 SIGNAL FACES AND SIGNAL ~ . • ' n 86-4.01 "Vehicle
e fans and the installation thereof, shall conform to the provisions in Sectio shown on th ~p .4 03 "Bac fates" and 86-4.06, "Signal Mounting Assemblies,
Si nal Faces, 86-4.02, Directional Louvers, 86 kp g
of the Standard Specifications and these special provisions.
' visors directional louvers and backplates shall not be structural plastic.
Housing, ,
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
first ara ra h of Section 86-4.06, "Signal Mounting Assemblies," of the
The fourth sentence of the p g P
Standard Specifications, shall be amended to read as follows:
23
y
• . final com artments shall be cast bronze or hot-dip galvanized ductile Post top slip fitters and term p
iron.
destrian si als shall conform to the provisions in Section 86-4.05,
_ 7-2.09 PEDESTRIAN SIGNALS. Pe gn Faces " of the Standard Specifications and these special provisions.
Pedestrian Signal ,
' ' nal shall consist of a housing with front screen, a message plate and Type G. Each Type G pedestrian sig lies for the luminous tubing.
two li ht sources, each consisting of luminous tubing and power supp g
8 inch nominal thicknessultraviolet-stabilized, prismatic-patterned
The message plate shall be 1 / urinal thickness hammeredwire-glass; or 3116 inch nominal thickness
polycarbonate plastic; 3116 inch no ' ac lic lastic. The message plates shall have aflat-black surface over
ultraviolet-stabilized, prismatic-patterned ry p . is are located. The material used to mask the message plate shall the entire projected area except where the symbo a late is in use or is washedo
arable and shall bond such that it will not flake or peel when the messag p be hard and d
bols shall be the only illuminated portion of the message plate. The sym
1 carbonate case to form a dust tight and weatherproof module.
The message plate shall be sealed to a po y r su lies.
e shall contain and properly support the luminous tubing and powe pp The modal
• agate ower su ply. Each power supply shall require less then 36 watts Each light source shall have a sep P p es from 105 to 130, at a frequency of 60
' wer factor of not less than 90 percent over a range of input voltag with a po
+1Hz.
n 11 inches hi hand not less than 7 inches wide.
Each symbol shall be not less tha g
• front screens conforming to the provisions in Section 86-4.OSB, "Front Pedestrian signals shall have
Screen", of the Standard Specifications.
' 'res shall conform to the provisions in Section 86-6.01, "High 7-2.10 LUMINAIRES. Luminai these s ecial rovisions.
ntensi -Dischar a Luminaires," of the Standard Specifications and p p I ty g
• ' h hi h ressure sodium lamps and integral ballasts with lamp wattage as .Luminaires shall be furnished wit g p
shown on the plans.
An in-line fuse shall be located in the pull box.
TROLS. Photoelectric controls shall conform to the provisions in
7-2.11 PHOTOELECTRIC CON ese s ecial rovisions.
' ? "Photoelectric Controls", of the Standard Spec cations and th p p Section 86-6.0 ,
• 'th a T IV hotoelectrical control. Internally Illuminated Street Each luminaire shall be provided wi yI~ p d in the service pedestal.
' s shall be controlled by a single Type V photoelectric control locate Name Sign
TS AND AUXILIARY EQUIPMENT. The City will furnish the 7-2.12 CONTROLLERS, CABINS tion Detail in State Standard Plan
inet assembl for each location. The central pad on the Founda controller and cab y i ht of 12".
ES-4B shall be increased from a height of 3.5 to a he g
The City will furnish optical detectors.
11 conform to the provisions in Section 86-5, "Detectors," of the 7-2.13 DETECTORS. Detcct~rs sha for loo s shall be as directed by
' ications and these special provisions. Location and layout of detec p Standard Specif
the Engineer.
24
CONSTRUCTION MATERIALS:
lead-in cables shall conform to the provisions in Section 86-5.01 A (4), "Construction Loop detector
Materials," of the Standard Specifications and these special provisions.
Loo detector lead-in cables shall be Type B, and shall conform to the following: p
- l box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be Loop wires in the pul ect one end of the shield to earth ground (at cabinet) and insulate
soldered and completely waterproof. Conn the other end with no possible path to earth ground.
' 1 inside the controller cabinet shall be crimped and soldered All spade connectors used to attach to terming s
• to the conductor.
ETAILS: Installation details shall conform to the provisions in Section 86-S.OIA (5), INSTALLATION D
"Installation Details," of the Standard Specifications and these special provisions.
in the avement shall be blown out and dried before installing inductive loop detectors. Slots cut p
' 1 is cut in the avement, the slots shall be filled with epoxy sealant After conductors are installed in s o p ive Loo s " to within 118 inch of the
conformin to the requirements in Section 95-2.09, Epoxy Sealant for Induct p , g
ant shall be at least 112 inch thick above the top conductor in the saw cut. Before pavement surface. The seal ' ealant shall be removed from the adjacent road surfaces without the use of solvents.
setting, surplus s
ealant s ecified above, slots may be filled with either of the following materials: In lieu of the epoxy s p
' sealant conformin to Section 86-S.OIA (5) of the Standard Specifications. 1. An elastomenc g Section 86-S.OIA (5) of the Standard
2. Asphaltic Emulsion Inductive Loop Sealant conforming to
Specifications.
• ctor air shall consist of labeling the phase and detector slot number (e.g. - Identification of each condu p
' rmanent ink on a to suitable for such purposes (Stuart Electric Ty Rap, Catalog No. 6J2L, 8J8U, 3I5U, etc.) in pe g
TY5532 or approved equal).
Detector loops in concrete pads shall be sealed with epoxy sealant.
rnish a written antee to the City on the form attached, 7-2.14 GUARANTEE. The Contractor shall fu ne 1 ear from
' exce t traffic si al lamps, installed under this contract for a penod of o y guaranteeing all systems, p ~ shall be filed with the City before notice of
the date of acceptance of the work. The guarantee, properly executed, •
tance is made b the City of the work described on the plans and these special completion and final accep Y
provisions.
_ T. Pa ent for si nals and lighting shall conform to the provisions in Section 86-8,
7 2.15 PAYMEN ym g
"Pa ent", of the Standard Specifications and these special provisions. ym
• oncrete ile foundations shall be considered as included in the Full compensation for cast-in-drilled hole c P 'll be made therefor.
ntract lum sum rice paid for the item requiring foundations and no separate payment wi co p p
' f r Install Prim Service shall include full compensation for providing The contract lump sum puce paid o oint desi ated on the plans
11 materials and labor required to provide primary electrical service from the service p gn a it to the service destal, including but not limited to the Transformer Box Pad, con uit,
and P.G & E deta s l~ . . ' e s from the Transformer Box Pad to the existing Primary Splice Box and al conductor, pull boxes, conduit swe p
25
I''
other a urtenances required to provide primary service to the service pedestal and no additional compensation PP
will be allowed therefor. P.G. & E. will set the Transformer and make required connections at the transformer.
The service pedestal and remaining secondary service shall be included in the lump sum price paid for
Traffic Signal and Lighting System and no additional compensation will be allowed therefor.
7-2.16 TRAFFIC SIGNAL INTERCONNECT. Signal Interconnect Cable shall be six/twelve pair as
shown on the laps and shall conform to the provisions in Section 86-2.OSE, "Signal Interconnect Cable," of e P
Standard Specifications and these special provisions.
The conductors shall be solid # 19 AWG annealed copper in twisted pairs. The conductors shall be no less
than 4 turns r 14 inches for twelve pair cable and 3.5 turns per 14 inches for six pair cable. The cable shall have 1?e
a corm ated co 1 er-coated 8-mil aluminum tape applied longitudinally over the core wrap. These cables must g lm Ym
meet the requirements of PE-39 and ANSI/ICEA 5-84-608-1988.
A ull ro conforming to Section 86-2.OSC "Installation" of the Standard Specifications shall be included p pe in all interconnect conduit for installation of future conductors.
PAYMENT. Full compensation for installing traffic interconnect including conduit, cable, pull rope,
modem whin ull boxes, "LB" connectors, sidewalk replacement, excavation, trenching, backfilling and gp > >
avement atching shall be considered as included in the contract price paid per lineal foot of Traffic Signa P P
Interconnect Conduit with Conductor, and no additional compensation will be made therefor.
The contract ay item for Install Existing Interconnect Conductor in New Conduit shall include full p
com ensation for ulling existing conductor from existing conduit and pulling removed conductor through new p p
conduit crossn to new controller as detailed on the contract plans, including but not limited to cutting and g
removing remaining unused conductor from existing conduit and making all required connections at new
controller, and no additional compensation will be made therefor.
item for Install New Interconnect Conductor in Existing Conduit shall include full The contract pay
com nsation for furnishing -and installing the portion of the new interconnect conductor run from the new l~
controller to the existing controller at State Farm Place. that is to be placed in existing conduit. as detailed on the
contract laps including but not limited to making required connections at the existing controller and providing p
pull rope, and no additional compensation will be made therefor.
~ 26
8040-41A-15
STATE OF CALIFORNIA
s
Specification
Asphaltic Emulsion Inductive Loop Sealant
1.0 SCOPE
This s ecification covers a one component, pourable sand filled, asphaltic emulsion P
for use in sealin inductive wire loops and leads imbedded in asphalt and portland g
cement concrete. This sealant is suitable for use infreeze-thaw environments.
2.0 APPLICABLE SPECIFICATIONS
The following specifications, test methods and standards in effect on the opening date of the
Invitation to Bid form a part of this specification where- referenced:
American Society for Testing and Materials D2939, D2523
California Test Method No. 434
California Department of Transportation. Standard Specifications 1992
of California S cification 8010-XXX-99 Inspection, Testing and Other Requirements for State pe
Protective ,Coatings
Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref.
49CFR.
3.o REQUIREMENTS
3.1 Composition
The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It
will be the manufacturers responsibility toproduce aone-component product to meet the properties
specified herein.
3 , 2 Characteristics of the Sealant
Residue b eva ration, weight percent 70 minimum 3.2.1 Y lm
Use ASTM D2939
3.2.2 Ash content, weight percent 50 to 65
Use ASTM D2939
27
' Ision Inductive Loo Sealant 8040-41A-15 Asphaltic Emu p
'rm set time hours, 4
3.2.3 Fi , maximum
test atone hour intervals, use ASTM D2939
1 viscosi Poise 50 to 125 3.2.4 Brookfie d ty,
RVT Spindle #3,10 RPM at 75 + Z"F.
3.3 Properties of the Dried Film .
. , , . No full depth 3.3.1 Flexibility, cracks.
Use ASTM D2939, except air dry specimens to
constant weight at 75 +1- Sdeg.F. and 50 +1-
10%relative humidity. Condition mandrel and
specimens Z hours at 75 2deg.F. before test. Use aluminum panels, 0.03 inches thick
(Q panel or equal).
20 minimum
3.3.2 Tensile Strength, psi,
cast sheets 0.25 inches thick and air dry at
75 +l- 5deg.F, 50 +1-10% relative humidity for minimum of 16 hours. Load rate 0.05
incheslminute, use ASTM D2523.
n % 2.0 minimum 3.3.3 Elongatio ,
Same conditions as 3.3.2 use ASTM D2523
ncrete si 150 minimum,
3.3.4 Slant-shear strength to co ~ p ~ with no loss Use California Test Method No. 434, Part VIII. Space
' inches between slant faces, seal of adhesion to damp blocks wnth 0.25 concrete
sides and bottom with tape and fill with the. well stirred
sample, strike off the excess. Dry in 140deg.F oven to
constant weight and condition 1 day at 75 2deg.F before
testing. Load rate to be 5000 lbslminute.
3.3.5 Resistance to water. No blistering. Use ASTM D2939, Alternative B
re-emulsification or loss of adhesion
3.4 Workmanship
ro rl dis rsed and any settling shall be easily redispersed with minimum
3.4.1 The sealant shall be p pe y ~ ttom of the container. It shall resistance to the sideways manual motion of a paddle across the bo
smooth uniform roduct of the proper consistency. If the material cannot be easily forma p
' due to excessive settlement as described above or due to any other cause, the .sealant red~spersed
shall be considered unfit for use.
` 28
haltic Emulsion Inductive Loop Sealant 8040-41A-1s Asp
The sealant shall retain all specified properties under normal storage conditions for 12 months after 3.4.2 ,
acce tance and delivery. The vendor shall be responsible for all costs and transportation charges p incurred in re lacing material that is unfit for use. The properties of any replacement material, as P
cified in Para a h 3.0, shall remain satisfactory for 12 months from date of acceptance and spe l~ P
delivery.
The sealant shall com ly with all air pollution control Hiles and regulations within the State of 3.4.3 P
California in effect at the time the sealant is manufactured.
4.0 QUALITY ASSURANCE PROVISIONS
4.1 ~ Inspection
This material shall be inspected and tested in accordance with State of California Specification
8010-XXX-99, or as otherwise deemed necessary.
4.2 Sampling and Testing
Unless otherwise. rmitted by the Engineer, the material shall be sampled at the place of 1~
manufacture and a lication will not be permitted until the material has been approved by the pP
Engineer.
5.0 PREPARATION FOR DELIVERY
5.1 Packaging
r aced in a one acka a system ready for application. The material shall be The sealant shall be p ep p g
furnished in container size as specified in the purchase .order or contract. If ordered in 5 gallon size ' round standard full o n head with bails, shall be nonreactive with the
the .containers: shall be new, 1~ contents and shall have compatible gaskets. The containers shall comply with the U. S. Department
of Trans nation or the Interstate Commerce Commission regulations, as applicab e. lm
5.2 Marking .
'Hers of material shall be labeled showing State specification number manufacturers name, All contai
date of manufacture and manufacturers batch number,
he manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal T
Re ations, Hazardous Materials and Regulations Board, Reference 49 CFR.
N 29
I
• ~ ~ Sealant 8040-41A-15 Asphaltic Emulsion Inductive Loop
_ 6.0 NOTES
b. l Directions for Use
w cuts shall be blown clean with compressed air to remove excess water and debris. The sealant Sa
must be thoroughly stirred before use and nded.
hand ured into the slots. Due to the sand content of this material, pumping is not recomme lm
An cleanup of road surface or tools can be done with, water, before the sealant sets. y
6.2 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment,
devices or rocesses used on or incorporated in the work, and agrees to indemnify and save P
harmless the State of California, and its duly authorized representatives, from all suits at aw or
ction of eve nature for, or on account of, the use of any patented materials, equipment, devices or a ry processes.
b.3 Certificate of Compliance
The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in
accordance with the provision of Section b-1.07 of California Department of Transportation
Standard Specifications, July 1992.
30
PROPOSAL
FOR
t LAND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL D
TRAFFIC SIGNA
To the City Clerk of the City of Bakersfield:
• r declares that the only persons or parties interested in this proposal as The undersigned, as bidde ,
• herein that this roposal is made without collusion with any other person, firm or principals are those named ~ p sed work the annexed proposed form of
co ration; that he has carefully examined the location of the propo he will herein referred to; and he proposes and agrees ~ this proposal is accepted, at
contract and the plans t • ersfield in the rescribed form of contract hereto annexed, to provide all necessary contract with the Clty of Bak p do all the work and furnish all the materials in
machine ,tools, apparatus and other .means of construction and to Ci of
s ifications for the above, filed in the office of the Finance Director of a ty accordance with the plans and pec r in rescribed, and according to the
Bakersfield and as specified in the contract, in the manner and time the e p r
n 'veer as therein set forth, and that he will take in full payment therefor the unit prices o requirements of the E gi
lump sums set forth in the following schedule:
her a ees that in case of default in executing the required contract, with necessary The undersigned flirt gr
• n t includin Sunda ,after having received notice that the contract is ready for bonds, within ten (10) days, o g y ~ id shall become the property of the City of
si nature, the proceeds of the check or bid bond accompanying his b g
Bakersfield.
Bidder acknowledges receipt of the following addendum:
• nda numbers received for the project above and on the lower left hand The bidder shall clearly list any and all adde
corner of the sealed bid return envelope.
ITEM UNIT PRICE EXTENSION Item ESTIMATED UNIT OF Sgures) PRICE
No. QUANTITY MEASURE (tin figures)
g EA Install Roadside Signs (GSP post) 1.
EA Remove Roadside Sign 2. 1
1 EA Relocate Existing Sign 3.
4 620 SQFT Pavement Marking (white)
S FT Striping & Marking Removal
5. 295 Q
6 590 LF Striping Detail 22
7, 20 LF Striping Detail 28
8. 310 LF Striping Detail 38
SIGNED:
Bidder Page 1 of 2
31
9 890 LF Striping Detail 38 A
10. 100 LF Striping - 4" wide Continuous
white line
11. 150 LF Traffic Signal Interconnect Conduit with Conductor
12. 150 LF Install Existing Interconnect
Conductor in New Conduit (conduit included in item # 11
above)
13. 850 LF Install New Interconnect
Conductor in Existing Conduit
14. 1 LS Traffic Signal & Lighting System
15. 1 LS Install Primary Service from Transformer to Service Pedestal
Including Transformer Box Pad
SIGNED TOTAL S
Bidder
Company
Address
P.O. Box
City State Zip. Code
( ) Area Code Telephone Number
License No. and Expiration Date
ENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY THE REPRES
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price.
e of lum sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extensions. In the cas p ' ees that in case of an discrepancy between the Unit Price(s) and the respective Extension Pnce(s) Bidder agr y
' T tal the Unit Prices shall prevail, and the bid submitted shall be the correctly computed sum of and/or the Bid o ' Price is unintelli 'ble
all correctl computed Extension Prices, provided, however, ~ the amount set forth as a Unit ~ Y
' then the amount. set forth in the Extension Price column for the item shall be used to determine the or omitted,
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 O
be divided by the estimated quantity for the item and the price thus obtained
shall be the Unit Price.
Page 2 of 2
32
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the work or improvement in excess of one-half of one (1%)
percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the
portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said
bid proposal.
Subcontractor's Name Description of portion and Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
33
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
4
E TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL DRIVE
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, oncost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone. interested in the proposed contract;
that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the. contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham .bid."
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me
this day of ,19
34
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, or anization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not g
directl or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or Y
indirectl colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that Y
an one shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by Y a eement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix an overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage Y
a ainst the ublic body awarding the contract of anyone interested in the proposed contract; that all statements g P
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid
r of or the contents thereof, or divulged information or data relative thereof, or paid, puce or any breakdown the e ,
and will not a ,any fee to any corporation, partnership, company association, organization, bid depository, or to pY
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.
~ 35
Accompanying this proposal
is c
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case
maybe), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IlVIPORTANT NOTICE
If bidder or their interested person is a corporation, state legal name of corporation, also names of the
' president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also
names of all individual copartners composing firm; if bidder or other interested person is an individual,
state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No
SIGN
-HERE Signature of Bidder.
--If bidder is a co ration, the le al name of the corporation .shall be set .forth above together with the NOTE rpo g
si nature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a g
copartnership, the true name of the firm shall be set forth above together with the signature of the partner or
r uthorized to si contracts in behalf of the copartnership; and if bidder is an individual, his signature partne s a gn
shall be placed. above. If signature is by an agent, other than an officer of a corporation or a member of a
artnershi , a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids P p
or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Dated 19
36
BIDDER'S BOND TO ACCOMPANY PROPUSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State
of California, in the sum of dollars to be paid to
said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct _
in the City of Bakersfield as referred to in the
NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden
principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to
construct said improvements aforementioned,. and shall execute and deliver the two bonds required by law, within
ten days (not including Sunday) .from the date of a notice to the above bounden principal, that said contract is ready
for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and
effect.
IN WITNESS WHEREOF, we have hereunto set our hands
and seals this day of ,19
(Seal)
.(Seal)
(Seal)
Page 1 of 2
37
' STATE OF CALIFORNIA )
ss.
COUNTY OF ~
On this- day of ,19_, before me,
a no ublic in and for the County of ,State of California, personally appeared GYP
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.
ITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this IN W
certificate first above written.
Notary Public in and for said County and State
38
1
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No.______ for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL DRIVE
between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which awarded on ,
rovides for the installation of a traffic signal and lighting system ,and under which contract the contract p
undersi ed has furnished and installed such system, the following guarantee of the said system is hereby made.
an of the a ui ment installed pursuant to said contract, except lighting elements, prove defective or should the Should y q p
a whole rove defective, due to faulty workmanship, material furnished, or method of installation, or should said system as p
m or an art thereof fail too rate properly, as planned, due to any of the above causes, all within (1) year after date on syste y p I~
' ct is acce ted b the Ci ,the undersigned agrees to reimburse the City, upon demand, for its expenses incurred which said contra p y tY
' orin said stems to the condition contemplated in said contract, including the cost of any equipment or materials in rest g sy
on demand b the Ci , to replace any such equipment and repair said systems completely without .cost to the City, replaced, or, up y tY
so that. they will operate successfully as originally contemplated.
i shall have. the o tion to make any needed repairs or replacements itself onto have such replacements or repairs The C ty p
ndersi ed. Prior to such re lacement or repair work being done by the City, the undersigned shall have the option done by the u gn P
needed re airs or re lacements. In the event the .City elects to .have said work performed by the undersigned, the to make any p p
i ed a ees that the re airs shall commence to be made and such materials as are necessary. shall commence to be unders gn gr p
' within Twen -Four 24 hours of the date specified in the City's written notification. Contractor shall furnished and installed ty ( ) ecute with due dill ence to complete the work within a reasonable period of time, as specified in the City's written pros g
notification.
'll be deemed defective within-the meaning of this guarantee in the event that they fail to operate as Said system wi
' ' 1 intended b the manufacturers. thereof and in accordance with the plans and specifications. included in said contract. original y y
Date Contractor's Signature
Firm
Address
39
r
GUARANTEE
MATERIAL AND WORxMANSHIP
CITY OF BAKERSFIELD
Department of Public Works
1501 Truxtun Avenue, Annex Building
Bakersfield, CA 93301
In accordance with the terms of the Contract for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL DRIVE
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.
Withintwenty-four (24) hours after being notified in writing by the City or the City's representative, or the
agent of either of them, of any defects in said work or materials, we agree to commence. and prosecute with due
diligence, all. work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period
of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or
the City's representative, or the agent of either of them,. to proceed to have such work done at our expense and we will
honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned
construction project and the City's representative, and shall be enforceable by either of them.
DATE
Contractor's Name
Authorized Signature
40
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
IT IS HEREBY AGREED that , agrees to indemnify and hold harmless
the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys
fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for
damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or
persons, or on account of damage to property arising out of or in consequence of .
(Agreement name)
IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of
the City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses,
including the expense of counsel, in the defense of any suit arising hereunto.
DATED
Contractor's Name
Authorized Signature
E
41
SAMPLE
SAMPLE
AGREEMENT N0.
INDEPENDENT CONTRACTOR' S AGREEMENT
AGREEMENT is made and entered into on ~ by THIS
h CITY OF BAKERSFIELD, a municipal corporation, referred to herein as and between t e
a (California Coloration, Hawaii Corporation, CITY and
Delaware Cor oration Individual etc. referred to herein as
"CONTRACTOR."
RECITALS
CONTRACTOR re resents CONTRACTOR is experienced and wel WHEREAS, p
qualified in the field of construction; and
WHEREAS, CITY desires to employ CONTRACTOR to
as set forth herein.
THEREFORE inco orating the foregoing recitals herein, CITY and NOW, ~ rP
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described. as:
. The sco a of work shall include all items and p
lete the task CONTRACTOR has been hired to perform, procedures necessary to properly comp
whether s ecifically included in the scope of work or not. P
• his a regiment as if full set forth herein: The following shall be deemed to be part oft g Y
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
All rovisions re uired b law to be inserted in this contract whether 8. p q Y
actually inserted or not.
9. Hold Harmless Agreement
10. Current State of California DAS 140 Form
(if required by Specifications)
42
M
2. COMPENSATION. CONTRACTOR shall be aid for services performed under this P
Agreement as follows:
. The compensation set forth in this paragraph shall be
the total compensation for the services provided by CONTRACTOR, including all out-of-pocket
costs incurred. CITY shall pay no fee other than the compensation listed in this paragraph unless
otherwise agreed to in writing by the CITY.
3, PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered
after recei t of an itemized invoice for the work completed and approved by City in accordance with p
the terms of this Agreement. Payment by City to CONTRACTOR shall be made within thirty (30}
da s after recei t and a royal b City of CONTRACTOR 's itemized invoice. Y p pp Y
4, WAIVER OF DEFAULT, .The failure of any party to enforce against another a
rovision of this Agreement shall not constitute a waiver of that party's right to enforce such a p
provision at a later time, and shall not serve to vary the terms of this Agreement.
5, LICENSES. CONTRACTOR shall,. at its sole cost and expense, keep in effect or
obtain at all times durin the term of this A reement any licenses, permits and approvals which are g g
le all re wired for CONTRACTOR to practice its profession. g Y q
6, STANDARD OF PERFORMANCE. All work .shall be performed in conformity
with all le al requirements and industry standards observed by a competent practitioner of the g
profession in California.
7. MERGER AND MODIFICATION. This contract sets forth the entire
A reement between the parties and supersedes all other oral or written representations. This
g contract ma be modified only in a writing approved by the City Council and signed by all the
Y parties.
8, EXHIBITS. In the event of a conflict between the terms, conditions or
s ecifications set forth in this A reement and those in exhibits attached hereto, the terms,
p g • conditions, ors ecifications set forth in this Agreement shall prevail. All exhibits to which reference
. p is made in this A reement are deemed incorporated in this Agreement, whether or not actually
g
attached.
9, TERMINATION. This Agreement may be terminated by any party upon ten (10}
da s written notice served b mail or personal service, to all other parties. Y ~ Y
10, COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
TOR's sole cost com 1 with all of the re uirements of Municipal, State, and Federal CONTRAC py q
authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall
faithfull observe in all activities relating to or growing out of this Agreement all Municipal Y
43
ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter
be in force.
11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of
the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or
employee of the City for any purpose and is not entitled to any of the benefits provided by City to its
em to ees. This Agreement shall not be construed as forming a partnership or any other association pY
with CONTRACTOR other than that of an independent contractor.
12, INSURANCE, In addition to any other insurance or bond required under by this
A reement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the g
following types and limits of insurance ("basic insurance requirements" herein):
a. Automobile liability insurance, providing coverage on an occurrence basis for
bodil injury, including death, of one or more persons, property damage and personal injury,
Y . with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
1) Provide coverage for owned, non-owned and hired autos.
2) Provide contractual liability coverage for the terms of this Agreement.
b. Broad form commercial general liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property damage
and ersonal in'u with limits of not less than one million dollars ($1,000,000) per occurrence;
P J rY~. and the policy shall:
1) Provide contractual liability coverage for the terms of this Agreement.
2 Contain an additional insured endorsement in favor of the City, its mayor,
council, officers, agents, employees and volunteers.
c. Workers' compensation insurance with statutory limits and employer's liability
insurance with limits of not less than one million dollars ($1,000,000) per accident; and the
olio shall contain a waiver of subrogation endorsement in favor of the City, its mayor,
P Y council, officers, agents, employees and volunteers.
All olicies required of the CONTRACTOR shall be primary insurance as to the City, its mayor, p
council officers,. agents, employees, or volunteers and any insurance or self-insurance maintained by
the Cit , its ma or, council, officers, agents, employees, and volunteers shall be excess of the Y Y
.CONTRACTOR'S insurance and shall not contribute with it.
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles,
self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise
44
re wired b this A reement, or insurance rated below Bests' A:VII, must be declared prior to
q Y g execution of this Agreement and approved by the City in writing.
All olicies shall contain an endorsement providing the City with thirty (30) days written notice of
p . cancellation or material change in policy language or terms. All policies shall provide that there shall
be continuin liabilit thereon, notwithstanding any recovery on any policy.
g Y
The insurance required hereunder shall be maintained until all work required to be performed by this
A reement is satisfactorily completed as evidenced by written acceptance by the City.
g
The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and
required endorsements evidencing the insurance required. The City may withhold payments
hereunder if certificates of insurance and endorsements required have not been provided.
Unless otherwise a roved b the City, if any part of the work under this Agreement is
pp Y subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf
of, all .subcontractors even if the City has approved lesser insurance requirements for
CONTRACTOR.
13. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City,
its officers, a ents and employees against any and all liability, claims, actions, causes of action or
g
demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever arisin out of, connected with, or caused by CONTRACTOR, CONTRACTOR's
g
em loyees, agents or independent contractors or companies in the performance of, or in any way p .
arisin from, the terms and provisions of this Agreement whether or not caused in part by a party g
indemnified .hereunder.
14. EXECUTION. This A reement is effective upon execution. It is the product of g
ne otiation and therefore shall not be construed against any party. g
NOTICES. All notices relative to this A reement shall be given in writing and shall 15. g
be ersonall served or sent b certified or registered mail, and be effective upon actual personal p Y ~ Y
service. or depositing in the United States mail. The parties shall be addressed as follows, or at any
other address designated by notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, CA 93301
(805) 326-3724
CONTRACTOR: _
45
16. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of,
this contract shall be instituted in Kern County, California.
17. ASSIGNMENT. This contract shall not be assigned by any party, or any party
substituted, without prior written consent of all the parties.
18. BINDING EFFECT. The rights and obligations of this Agreement shall inure to
the benefit of, and be binding upon, the parties to the contract and their heirs, administrators,
executors, personal representatives, successors and assigns.
19. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting
records and other written documentation pertaining to all costs incurred in performance of this
Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the
term of this Agreement, and for a period of three years from the date of the final payment hereunder,
and said records shall be made available to City representatives upon request at any time during
regular business hours.
20. CORPORATE AUTHORITY. Each individual executing this Agreement
re resents and warrants they are duly authorized to execute and deliver this Agreement on behalf of p
the corporation or organization, if any, named herein and this Agreement is binding upon said
corporation or organization in accordance with its terms.
21. TAX NUMBERS.
"CONTRACTOR's" Federal Tax ID Number _
Is CONTRACTOR a corporation? Yes No (Please check one. )
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to, be executed, the day and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By BY
BOB PRICE
Mayor
Please Print or Type Name & Title
APPROVED AS TO FORM:
46
By
JUDY K. SKOUSEN
City Attorney
t
By
ALAN DALE DANIEL
Assistant City Attorney
APPROVED AS TO CONTENT: COUNTERSIGNED:
By By
RAUL M. ROJAS GREGORY J. KLIMKO
Public Works Director Finance Director
47
To be completed by the Contractor, if he elects to substitute securities in lieu of retention].
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between
whose address is '
hereinafter called "Owner",
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as
follows:
1. Pursuant to Section 22200 of the ,Public Contract Code of the State of California, Contractor has
the o tion to deposit securities with Escrow Agent as a substitute for retention earnings required to be P withheld by Owner pursuant to the Construction Contract entered into between the Owner and
Contractor for
~n
the amount of dated (hereinafter referred to as the
"Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow
Agent shall notify the Owner within ten (10) .days of the deposit.. The market value of the securities at
the time of the substitution shall be at least equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in
the name of ,and shall designate the Contractor as
the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would
be withheld from. progress payments pursuant to the Contract provisions, provided that the Escrow
Agent hold securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention
for the benefit of the Owner until such time as .the. escrow created hereunder is terminated.
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.
1 of 3
5. The interest earned on the securities or the money market accounts held in escrow and all interest
earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by
Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
onl b written notice to Escrow Agent accompanied by written authorization from Owner to the YY
Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by
Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow
Agent shall immediately convert the securities to cash and shall distribute the cash as instruucted 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 char es of the Escrow Account. The escrow shall be closed immediately upon disbursement of all g moneys and securities on deposit and payments of fees and charges.
9. Escrow A ent shall rely on the written notifications from the Owner and the Contractor pursuant g
to Sections (4) to (b), inclusive, of this agreement and the Owner and Contractor shall hold Escrow
A ent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth g
above.
10. The names of the persons who are authorized to give written notice or receive written notice on
behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures, are as follows:
On behalf of Owner: 0n behalf of Contractor:
Title Title
Name Name
Signature. Signature
Address Address
2of3
On behalf of Escrow Agent:
Title
Name
Signature ,
Address
r w Account is o ened the Owner. and Contractor shall deliver to the Escrow At the time the Esc o p
Agent a fully executed counterpart of this Agreement.
HEREOF the arties have executed this Agreement by their proper officers on IN WITNESS W p
the date first set forth above.
Owner .Contractor
Title Title
Name Name
Si afore Signature
3 of 3
FAITHFUL PERFORMANCE BOND
L`
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the
, 19_________, awarded to _ , a corporation Owner, has, on _
'z and doin business under and b virtue of the laws of the State of California, hereinafter designated as organs ed g y AT
the "Princi al," a contract for the TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD p
HOWELL DRIVE, 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
as Surety, are held and firmly bound unto the Owner in the sum of
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
Princi al his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, p~
and well -and trul kee and. faithfully perform the covenants, conditions, and agreements. in the said contract and Y P
an alterations made as therein provided, on his or their part, to be kept and performed at the time and in the Y manner therein s ecified, and in all respects according to .their true intent and meaning, and shall indemnify and
P 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
bli anon in the said amount shall hold-good for a period of one (1}-year after the completion: and acceptance of the o g
said work Burin which time if the above mentioned Principal, his or its heirs,. executors, administrators, g
successors or assi s shall fail to make. full, complete,. and satisfactory repair and replacements or totally protect
the said Owner from loss of damage made evident during said period of one year from the date of acceptance of
' rk and resultin from or caused by defective materials andlor faulty workmanship in the prosecution of the said wo g work done the above obli anon in the said amount shall remain in full force and effect. However, anything in this
g ara a h to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any
p p obligation of the Principal remains.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications
ccom an ' the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any a p ~g ' ' he terms of the contract or to the work or to the
such change, extension of time, alteration, or addition to t
ifications. Said Sure hereb waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of spec Y
California.
51
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the OWner in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
r
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this
day of ,19_, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Principal
{Seal) Signature for Principal Title
Surety
(Seal) Signature for Surety Title
(Attach notarization form for each required signature.)
Page 2 of 2
52
MATERIAL -LABOR BOND
y KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the
"Owner," has, on , 19 (DATE OF COUNCIL MEETING) , awarded to
(NAME OF CONTRACTOR
hereinafter designated as the "Principal," a contract for the construction of
TRAFFIC SIGNAL AND LIGHTING SYSTEM FOR OLD RIVER ROAD AT HOWELL DRIVE • and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or
other supplies used in, upon, for, or about the performance of the work contracted to be done, 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
BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of
dollars ) (50% OF AMOUNT AWARDED
AT COUNCIL MEETING) lawful money of the United States, 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 rovided, on his or their part, to be kept and .performed at the time and in the. manner therein p
specifted, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the
Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it
shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will
pay to the Owner such reasonable attorney's fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the
said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work,
.during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns
shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from
or caused by defective materialsand/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
contr notwithstandin ,the obligation of the Surety hereunder shall continue so long as any obligation of the ary g
Principal remains.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
1 ration or addition to the terms of the contract or to the work to be performed thereunder or the specifications a to ,
accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the s cifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
l~ California.
53
Asa art of the obli anon secured hereby and in addition to the amount specified therefor, there shall p g
be included costs. and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this
day of ,19_, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Principal
(Seal) Signature for Principal Title
Surety
Seal Signature for Surety Title ( )
(Attach notarization form for each required signature.)
Page 2 of 2
54 t
I
This form should be sent to the Joint Apprenticeship Commute If of the craft or trade m the area of the sate ofi the public workiate p ~ g Ll C UUO R KS
you have any questions as to the address of the appropr ,;Dint Apprenticeship Committee, contact the nearest office of CT AVU AR D 1 N FO R M AT1 O N
' ' ' of A renticeshi Standards (OAST. Consvli your CONTRA '~e Division pp p
alepnone directory under California, State of, Industrial Relations, for the OAS office in your area.
CCPlTRACTORS STATE LICENSE NO.
idAME OFOQfYri7AA+CTOA
COMRACTORS HALING ADDRESS - NUMBER b SIRE=T, CrrY, Z1P CODE AREA CCOE b Ta.EPt~CNE NO.
i`
NAM b LOCATION OF PUBLIC WiORKS PAQJECT ~ DATE OF COfVTRACT AwAAO E
PATE OF EXPECTEfl OA ACTUAL. START OF PAO„ECT
NAME a ADDRESS of Pl~UC AGEiVCY AwAAOWG COMAACT ' ESTiMATEz7 NUMBER ~.IOUANEYMEN NOUi~S
APPRENTICES
• OCCUPATION OFAPPAH~fnCE f NJM~EA TO BE E~APL.oYEfl I APPROXIMATE DATES ?0 BE c'NPIOYEJ t
~ Check One Of The Boxes Below:
' a rentices for this 'ob. We voluntarily choose to comply with the applicable Joint box 1 We request dispatch of pp !
Q he duration of this 'ab only, in training the apprentice(s). We Apprenticeship Corttmrtiee Standaras fort 1
assume no other obligations to the committee or unrons under State or Federal laws.
uest dis arch of a rentices) for this job. We do not wish to follow t~he~ applicable Joint Box 2 We req p PP • 'nin the a rentices; instead, we .agree to employ and train Apprentrceshrp Committee Standards rn trar g pp
' accordance with the California Apprenticeship Council regulations governing employment of apprentice(s) in
'ces on ublic work ro'ecis. We assume no other obligations to the committee or unions under apprentr p P 1
State or Federal laws.
roved to train a rentices by the applicable Joint Apprenticeship Committee and we will eox 3 We are already app PP a
employ and train under the Standards. _
the dis atch of a rentices) since apprentices are not required on this job under the
eox 4 We do not request p PP Q ause: provisions of California Labor Code Section 1177.5, bec
Signa cure
Typed Name i
Title Dace - -
State of California - Department of Industrial Relations ^s~ ,d„ ,~,eW „a~~ DIVISION OF APPAENTiCESHIP STANDARDS
NAB/ ~+v ~~~v.. ~rl
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