HomeMy WebLinkAbout1997 Special Provisions Project T7K004
COPY No.
CITY OF BAKERSFIELD
CALIFORNIA
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
BID. PROPOSAL AND CONTRACT
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM
ON
GALLOWAY D~ AT HAGEMAN ROAD
Q~O~ESSIO ~q
~ f
• ~ A ~T . BID OPENING.
DATE: March 26 1997 ~ ~
TIl1ZE: 11:00 A. M. ~ ~ ~ ~ i ~ °l~ ~r
PROJECT NO.: T7K004 ~~~,.zT~' ~ p~ F 1~ CA
CITY OF BAKERSFIELD ALBER
T GROVER & ASSOCIATES ' ~ PUBLIC WORKS DEPARTMENT 211 EAST IMPERIAL HIGHWAY
ANNEX BUILDING, 2ND FLOOR SUITE 208
1501 TRUXTUN AVENUE FULLERTON CA 9283
5 BAKERSFIELD, CA 93301 TELEPHONE: 714 992-2990
. ~ ) Project Engineer: Arnold Ramming
TELEPHONE: (805) 326-3591
THE FOLLOWING SHOULD BE VISIBLE ON THE BID
RETURN ENVELOPE:
• YOUR COMPANY NAME AND ADDRESS
• NAME OF PROJECT OR BID
• ADDRESS LABEL
• ADDENDA INFORMATION LABEL
~ PLEASE SUBMIT BIDS TO:
; D. WISHAM /PURCHASING City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
k LIST ALL ADDENDA RECEIVED:
#'s: or
j - None Received: (Indicate above 8~ place on envelope.)
~ f
i
CITY OF BAKERSF/ELD
ACCEPTING BIDS
TRAFFIC SIGNAL & LIGHTING SYSTEM
ON
GALLOWAY DRIVE AT HAGEMAN ROAD
Deadline: March 26, 7997 a~ 17:00 A.M.
Contractor's License Required: Class A" or "C-10"
Engineer s Estimate: $107,492.00
Mai/ina Fee: $5.00 (non-refundable) UNLESS you provide your Federal
Erpress/Airbome Express account number.
Cost to BuildePs Exchange offices is $15.00 non-refundable.
BID PACKAGE PURCHASING DIVISION
avai~.ae~ FROM: 1501 TRUXTUN AVENUE
BAKERSF/ELD, CA 93301
805-326-3914
(ADV448]
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 Hall, 1501 Truxtun Avenue, Bakersfield, California, until 11:00 o'clock a.m. on March 26, 1997 to be publicly
opened and read immediately thereafter in the City Council Chamber, for the following work:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT HAGEMAN ROAD
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the a Purchasing Officer by posting. a refundable deposit of Zero Dollars ($0.00) for each complete set. Refund of de osit
p will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days
from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for
non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet
the deadline stated above.
No bid will be considered unless it is made on a proposal form 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 bearin demand de osit
g P 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 proposed work shall be done in accordance with the Standard Specifications of the State of California,
Business, Transportation and Housing Agency.,. Department of Transportation,. dated July,1~992, insofar as the same ma
Y apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not
pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for ins ection at the
P City of Bakersfield, Public works Department, 1501 Truxtun Avenue, Bakersfield, California.
1. A sample contract is included in this bid package. Please review it carefully, this is the contract the Contractor
shall be expected to execute without alternation. If any changes are desired they must be submitted to the Cit for y
approval. If approved, the changes will be issued to all prospective contractors.
Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor's
proposal. Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and
the retaining. of a different contractor by the City.
2
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1. DEFINITIONS AND TERMS
1-1-.01 GENERAL. This work embraced herein shall be done in accordance with the Standard
Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1992," as
referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard t
Specifications, and in accordance with the following special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special provisions
shall take precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms,"
of the Standard Specifications shall apply, except. whenever the following terms or pronouns are used, the intent and
meaning shall be as follows:
City - City of Bakersfield, California.
Department of Transportation, CALTRANS - .The Engineering Department of the City of Bakersfield.
Director -City Engineer.
Engineer -Thee City Engineer, .acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory -The designated laboratory authorized by the City to test materials. and work involved in the
contract.
Standard Specifications -Standard Specifications of .the Department of Transportation,. Business,
Transportation and Housing Agency, dated July, 1992..
State -The City of Bakersfield.
State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not
apply to this contract.
Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section i, Definition of Terms of the Standard Specifications..
ISJ
4
~ B'idder's Bond Form;
■ Non-Collusion Affidavit Form; and
■ List of Subcontractors
2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in
the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the speciftcations of the materials or details of work which are manifestly
or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or
performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such
omitted work;. but shall be furnished or performed as if fully shown or described in the drawin s or s ecifications. g P
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed
in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department.
The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not
prejudice the right of the bidder to ftle a new bid. whether or not bids are opened exactly at the time fixed in the ublic p
notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed
in the public notice for the opening of bids.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and
place indicated in the "Notice to Contractors:" Bidders or their authorized agents are invited to be resent.
P
2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections
5100 to 5107,. inclusive, concerning relief of .bidders and in particular to the requirement therein, that if the bidder claims..
a mistake was made. in his bid, the bidder shall give the Department written notice within 5 days after the o enin of p g
the bids of the alleged mistake,. specifying. in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 37b, Stats,1.985) provides as follows:
Any state agency may suspend, for a period of up to three years from the date of conviction,
any person from bidding upon, or being awarded,. a public works or services contract with the
agency under this part or from being a subcontractor at any tier upon. the contract, if that
person, or any partner, member, officer, director, responsible managing officer, or responsible
managing employee hereof, has been convicted by a court of competent. jurisdiction of an y charge of fraud, bribery,. collusion, conspiracy, or any other act in violation. of any state or
federal antitrust law in connection with the bidding upon, award of, or .performance of, an
y public. works contract, as defined in Section 11.01,, with any public entity, as defined in Section
1100, including: for the purposes of this article, the Regents of the University of California or
the Trustees. of the California State University. A state agency may determine-the elgibilt of Y
any person to enter into a contract under this article by requiring the ,person to submit a
statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred. to in this section
within the preceding three years.
A form for the statement required by Section 10285.1 is included in the proposal.
2-1.13 DISQUALIFICATION OF BIDDERS,. More than one proposal from an individual firm partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable
grounds for believing that any individual, firm, partnership., corporation or combination thereof is interested in more than
one proposal for the work, contemplated may cause the rejection of all proposals in which such individual, firm,
partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among.
the bidders any or all proposals may be rejected. Proposals in which the ricer obviousl are unbalance p y d may be
rejected.
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SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The award of the contract, if it be awarded will The language refers to not onl the attribute of tru ~ be to the lowest responsible bidder.
Y stworthiness, but also to the quality, fitness and capacit of low b' to satisfactorily perform the proposed work. Y adder
3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made with'
fort -five 45 d m Y ( a s after th eo Y enin o p f the ro osals g unles p p s extension is approved by the lowest responsible bidder.
3-1.03 CONTRACT BONDS. The Contractor shall furnish two ood admitted surety insurer as set forth in Title XIV g and sufficient bonds insured by an
,Chapter 2, Article 6 of the California Code of Civil Procedures. On of the said bonds shall guarantee the faithful erformance of e
P the said contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of the '
percent (50%) of the contract rice and shal said bonds shall be in an amount of fifty p 1 guarantee payment to laborers, mechanics and material workers em 1
on the job under the contract and shall be in the amount and saris the p Dyed
California Civil Code. fY requirements specified in Section 3248 of the
whenever any surety or sureties on any such. bonds, or on an bonds re u' the claims of laborers and material men become ins Y q fired by law for the protection of
. uf~cient, or the City has cause to believe that such surer or sureties have become msuf~cient, a demand in wriin ma Y
additional su , , g Y be made of the Contractor for such further bond. or bonds or rety, not exceeding that originally required, as is considered necess
remaining to be done. Thereafter: no a ~'y, considering the extent of the work p yment shall be made upon such contract to the Contractor or an assi nee of
Contractor until such further bond or bonds or additional sure has bee Y g the tY n furnished.
3-1.04 EXECUTION OF CONTRACT. The contra- ' ct shall be signed by the successful bidder and returned, together with the contract bonds and certificate of insurance docu '
ments within ten (10) days, not including,. Sundays, after the bidder has received notice that the contract h
as been awarded.. The Commercial General Liability & workers' Compensation insurance policies should contain additio
nal insured endorsements m favor of the City, its mayor, .council officers,. agents, employees and volunteers, as re wired in these ' q specifications. No proposal shall be considered binding:
upon the City-until the execution of the contract. All contracts s hall be considered as being made and entered into in the
City of Bakersfield, California.
Failure to execute a contract, ale acce table bonds and • p subnut ~ certif cate of insurance as provided herein within ten (10) days, not including Sundays, after the bidder has rece' `
. ived notice that the contract has been awarded, shall: be just cause for the cancellation of the award and the forfeiture of th
e proposal guaranty..
3-1,05 RETURN OF BIDDER'S GUARANTEE S. within ten {10) days after the award of the- contract
the City of Bakersfield will return any monies or form fo r deposit of money that are not to be .considered in makin the
award. All other proposal guarantees will be held until g the contract has been finally executed, after which the. will be returned to the respective bidders whose proposals the accom Y
Y parry.
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SECTION 4. BEGB'1NING GF WORK,. TIME OF COMPLETION AND
LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions of Section 8-1.03 "B '
e ~nnin of W 8-1.06, "Time of Co „ • ~ g g ork, Section m letion and
p Section 8-1.07, Li uidated D am q a es of the specifically hereby made a part of these s ecial r g Standard Specifications, and is p ovisions.
p
The first paragraph of Section 8-1.03, "Beginning of Work " of the St andard Specifications, is amended to
read:
The Contractor shall begin work within fifteen ~ 15) days after receivin w ' ' to proceed. The Contractor shall dili entl ros g ritten notice
g y p ecute the same to completion before the expiration of 35 working days.
Contract working days will commence from the date the Contractor be in
15th calendar day from the date of thew ' g s work or the ritten notice to proceed, whichever comes first.
The Contractor shall pay to the City of Bakersfield the sum of $200.00 er da
day's delay in finishing the work in excess of the n p Y for each and every calendar
umber of working days prescribed above.
Full compensation for conforming to the re uirements o q f above paragraph shall be considered as included
in the prices paid for the various items of work and no additional allow ' ance will be made therefor.
The Contractor shall furnish the En ineer with a statem g ent from the vendor that the order for the electrical materials required for this contract has been received and a
ccepted by said vendor, and said statement shall be furnished within fifteen (15) calendar days from the date of the contract. Said statement~sh
materials will be shi ed, all show the date or dates the electrical. Pp
No work shall begin on the project without rior wrttena rov p pp al of the Engineeruntilall components necessary
for operation of the signal system are on hand: The Contractor will be granted an extension of time and will not be assessed
with liquidated damages or the cost of engineering and ins ection for caused by manufacturin time show p , ~Y portion of the delay in completion of the work
g ld approval be given to begin prior to delivery of all signal s stem com on number of days extension shall be the working. days between the date as dete Y p ents. The
rnuned according to Special Provisions, Article 4-1.01, and the date of receipt of all com orients as de
p terrnined by the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order st
art of work in writing.
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SECTION S. GENERAL-
5-1.01 STATE CONTRACT ACTNOT APPLICABLE. Sections 1-1.40,, "StateContractAct,"and 9-1.10,
"Arbitration,"of the Standard Specificationsare deleted. This contract is not governed by the provisions of the State Contract
Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall
not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event
that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount
of $10,000 or which, together with all other previously approved change orders for that contract exceeds twenty-five percent
(25 of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "CONTROL OF wORK," of the Standard Specifications and these special provisions.
Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the following
paragraph after the fourth paragraph:
working drawings or plans for any structure not included in the plans furnished by the Engineer. shall. be
approved by the Engineer before any work involving these plans shall be performed, unless approval is waived. in .writing by the Engineer.
Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following.paragraph
after the .first paragraph:
Three. consecutive points shown on the same rate of slope must be used in common, in order to detect any
variation. from a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in
the finished work.
The second paragraph in Section 5-1.07,. "Lines and Grades" of the Standard Specifications is amended to
read:
when the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing.
a reasonable length of time in advance of starting. operations. that require:. such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time.
Section 5-1.08; "Inspection" of the Standard Specifications is amended by adding the following paragraph
after the first paragraph:
whenever the Contractor varies the period during which work is carried on each day, he shall give due notice
to the Engineer,. so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING'WAGES, Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing
with Section 1720), Contractor agrees that in performing said work,. by himself or through any subcontractor, eight hours'
Labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate
record showing the. name and actual hours worked. for all workers employed in said work, .and .that said record shall be
kept open at -all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing, rate for
holiday and overtime to all workers employed in the .construction of this project. The prevailing rate for each craft, classification
or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of
prevailing rates is on file and available for inspection in the Public'Works Department. The schedule is incorporated herein
by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have
G
5-1.14 CONTRACTOR'S AUTHORITY. At the preconstructon meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project.
5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165, "Damage
by Storm, Flood, Tidal wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract.
5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications
that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein.
The Contractor shall inform himself as to all regulations and requirements of the City Engineer and
Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith.
5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City.
The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of
the limits of right of way unless otherwise provided in the special provisions.
5-1.18 SUSPENSION OF CONTRACT.. If at any time in the opinion of the City Council, the Contractor
has violated any terms. of this contract, failed to supply an adequate working force, or material of proper quality, or has
failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms
of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means- for
a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City
Council in any such case shall have-the power to suspend the operation of-the contract. Upon receiving notice. of such suspension, the Contractor shall discontinue. said work, or .such parts of it as the City Council may designate. Upon such
suspension, the- Contractor's. control shall terminate, and thereupon the City Council, or its duly authorized. representative;
may employ. other parties to carry the contract to completion,: employ the necessary workmen, substitute other machinery
or materials, and purchase the materials. contracted for, in such manner as ~ the Engineer may deem proper; or the City
Council may annul and cancel the contract and re-let the work or any part thereof. Any excess. of cost arising therefrom
over and above the contract .price will be charged against the Contractor and his sureties, who will be liable therefor.
In the -event of such suspension, all money .due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will. not release the contractor or his sureties. from liability or failure to fulfill the contract.
The Contractor and his sureties will be .credited with the amount of money so forfeited toward any excess of cost over
and above the contract price, arising from the suspension of the operations of the contract and the completion of the work
by the City as above provided, and the Contractor will be so credited. with any: surplus. remaining ,after all just claims.
for such completion as determined by the Engineer have been paid.
In the determination of the question whether there has been ~ any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the
contract.
5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend
the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions
as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due
to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work,. or extra. work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not
resume the work until ordered in writing by the Engineer.
5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments,"and 9-1.07,. "Payment
After Acceptance," of the Standard Specifications and these special provisions.
No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B,
"Final Payment and Claimse of the Standard Specifications, the following shall apply:
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Thee City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part
of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes
including but not limited to the following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing. of claims;
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
'When any and all such causes: are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9=1.07B "Final Payment and Claims," of the: Standard Speciftcations is amended
to read:
The .Director will make the final determination of any claims which .remain in dispute after completion of claim review. ~ A board or person desgnated~by said Director will review such claims and make written
recommendation thereon.
The City Engineer shall,.. after the completion of the contract, make a final estimate of the amount of work .
done thereunder, and, the value of such work, and. the City shall pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the
contract. All prior partial estimates and payments shall ~e subject to correction in the final estimate and payment. The final payment shall not be due and payable until the .expiration of thirty (30) days from the date the "NOTICE QF
COMPLETION" is recorded at the County Recorder's Office and after execution and. return by the- Contractor of the
attached GUA►RAI~ITEE when applicable;.
It is mutually agreed.. between the parties to the contract that no certificate given or payments made under
the contract except the final ccificate or final.,payment, shall-be conclusive. evidence of the performance of the contract,,,..
either wholly or in part, against.. any claim of the party of the first part, and: no payment shall be construed to be an acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract.,. and the
adjustment and payment for any work .done in accordance with -any alterations. of the same, shall release the City, the
City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or
any alteration thereof.
5-1.22 INCREASED OR DECREASED QUANTITIES. The .word "compensation" in the following.
paragraphs of the Standard Specifications is replaced. with the words: "unit price"
Third paragraph of Section 18-1.05, "PAYMENT".
Fourth paragraph of Section 24-1.11, "PAYMENT".
Eleventh paragraph Qf Section 39-8.02, "PAYMENT" .
S-t,23 ~IAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered
during this project.
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SECTION 6. CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials, "
of the Standard Specifications and these special provisions.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer
before delivery is started and before such material is used in the work. Representative preliminary samples of the character
and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer.
All tests of materials furnished by the contractor shall be made in accordance with commonly recognized
standards of national organizations, and such special methods and tests as are prescribed in the specifications.
b-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites
used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the
limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time
of final inspection of the contract, they will drain, will blend with surrounding, terrain, and will have a potential as a source .
of blowing dust or other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having
jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with
the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the
conflicting. requirements of this section provided the permit requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section
shall be considered as included in the contract prices paid for the items of work which require the use of the sites and
no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance,"
of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and
testing, if accompanied by a Certificate of Compliance.
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SECTION 7. CONSTRUCTION DETAILS:
SECTION 7-1 GENERAL
7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order
of work," of the Standard Specifications and these special provisions.
r All striping removal shall be completed a minimum of two (2) days prior to signal being placed into operation.
Pavement delineationshall bereplaced bytemporary delineationbeforeopening the traveledway to publictraffic.Temporary
delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches
wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall
be applied in accordance with the manufacturer's instructions .Temporary delineationshall bethe same. color as the permanent
delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor.
,When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard
or other material with an observation hole [maximum one (1) inch diameter] in front of ..each signal indication. The covers
shall remain in place until all signal operations have been checked and signal is placed into operation.
Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place.
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 Facilities, "
of the Standard Specifications, the plans, and the special provisions.
The Contractor will be required to work around public utility facilities and other improvements that are.
to remain. in place within the construction area or that are to .be relocated and relocation operations have. not been .completed.
In accordance with the provisions of Article 7-1.11, "Preservation of Property, "and 7-1.12, "Responsibility for Damage, "
of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage
or interference with service resulting from conducting his. operations. The exact .location of underground facilities and.
improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces 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
may be allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor
shall contact the City Parks Division at 326-3117 for the purpose of ascertaining the locations and current operational
- status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigationsystems.and plant materials.. The Contractor
shall be responsible for repairing and- reconnecting severed or damaged lines andlor wiring and replacement of damaged
plant material at his own cost. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintainingthe health ofplant material in the area for the duration of irrigationinterruption.
Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and
they shall not be disturbed unless directed by the Engineer.
16
Attention is directed. to the fact that nuisance water may be present at all times along the project. Tt will
be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered
as included in the prices paid for the various items of work and .no additional allowance will. be made therefor.
PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of
this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor.
7-1.03 MAINTAIlVING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags
and other warning and safety devices when performing work which interferes with or endangers the safe movement of
traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of
Work Upon Highways, " published by the State of California, Department of Transportation. Application and use of devices
shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location
and progress of the work and shall notify them immediately of any streets impassable for ,fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications,
shall be amended to read as follows:
Construction operations requiring lane closures .shall be actively in progress only between the hours indicated
below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
GALLOWAY DRIVE. BOTH 8:30 - 4:30
HAGEMAN ROAD BOTH 8:30 - 4:30
Where construction operations are actively in progress, a minimum of one traffic lane shall be open for
use by public traffic. Where construction operations. are not. actively in progress. -all lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction
methods. are used, may also be permitted to use the side of the roadbed opposite to the one. under construction.
No additional compensation will be allowed for any shaping of shoulders necessary for the accommodation
of public traffic thereon during paving operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the
Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (Type K), barricades, and other facilitiesfor the sole convenience and direction
of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen
whose sole duties shall consist of directing the movement of public traffic through or around the work.
when deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction,"
N`o. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the
Engineer at least 48 hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for various items of work and no additional allowance will be made therefor.
17
7-1.04 EXISTING HIGHWAY FACILITIES. The work performed in connection. with various existing
facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and
these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street
markers shall be relocated and maintained during construction so as to convey the same intentthat existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's
3 forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation
Yard at 4101 Truxtun Avenue.
u PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
7-1.05 SAWCUT ASPHALT CONCRETE PAVEMENT. Where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be sawcut to a neat line. The depth of cut shall be sufficient
so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations.
The Contractor shall conduct his operations so as not to damage the integrity of the edge of the sawcut pavement. Any
damage to the sawcut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations.
PAYII~NT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.06 REMOVE. TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement
markings to be removed will be as shown on plans and as designated by the Engineer.
Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement
by any method that -does .not materially damage the surface or texture of the pavement or surfacing. Where blast cleaning is used for the removal of painted traffic stripes and .pavement markings, the area shall be shielded so that no material
from the. blasting operation is allowed to enter the area that is open to public traffic. Sand or other material deposited
on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations
of sand or other material which might. interfere with drainage or might constitute a hazard to traffic will not be permitted.
Traffic stripes shall be removed before any change is made in the traffic pattern.
. .Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement
markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message
cannot be identified.
After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance
with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following:
In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and - to irregular and varying, widths with an average width of 2 feet on each .side of the blast cleaned traffic stripe ,removal
area.
In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.
Full compensation for furnishing and applying fog seal coat as specified herein shall be considered as included in the contract price paid per square foot for removal of traffic stripes and pavement markings and no additional compensation
will be allowed therefor.
l~othing in these special provisions shall relieve the Contractor from his responsibilitiesas provided in Section
7-1.09, °'Public Safety," of the Standard Specifications.
18
MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the width
of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured
as painted traffic stripe. Quantities of pavement~markings removed will be determined by the actual size of the rectangle.
measured in square feet.
Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area
of authorized stripe removal.
The contract unit price per square foot for Remove Traffic Stripes and Pavement Markings shall include
full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing
existing striping. and pavement markings as shown on the plan and as directed by the Engineer.
7-1.07 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section
16, "Clearing and Grubbing", of the Standard Specifications and these special provisions.
Clearing and grubbing shall be iimitedto those areas actually affected by the planned construction as directed by the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as
included in the unit prices paid for various items of work and no additional compensation will be allowed therefor..
7-~..OS DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from
originating from. the site of the work as a result of his operations,, or the traveling public, during the effective period of
this-contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
a. water shall be applied to all unpaved areas as .required to prevent the surface from becoming dry
.enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In
residential areas, a self contained, pick-up type, power broom with water distribution system shall
be used.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the
control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set- forth herein.
PAYMENT. Full compensation for conforming to the requirements of .this article shall be considered as
included in the unit prices paid for various items of work. and no additional compensation will be allowed therefor.
7-1.09 EARTHWORK.. Earthwork shall conform to the provisions in Section 19, "Earthwork", of the
Standard Specifications and these special provisions.
Section 4-1.05. "Use of Materials Found on the work", of the Standard Specifications shall be amended to read as follows:
Unless designated as selected material as provided in Section 19-2.07, "Selected Material",the Contractor,
with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other
material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be
paid- for the excavation of such materials. at the contract price for such excavation, but he shall replace at
his expense with other suitable material all of that portion of the material so removed and used which was
contemplated for use in the work. The Contractor shall not excavate or remove any material from within
the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.
It is anticipated that there will be surplus material which shall become the property of the Contractor and shall be disposed
of outside of the highway right of way in accordance with the provisions of Section 7-1.13, "Disposal of Material Outside
the Highway Right of way°', of the Standard Specifications.
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When asphalt concrete is to be placed on the grading plane, the grading plane at any point shall not vary by more .than
0.0.5 foot above or below the grade established by the Engineer..
Section 19-3.062., "Slurry Cement Backfill", of the Standard Specifications is .deleted and shall not apply to this contract..
The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent}",
of the Standard Specifications are amended to the limits shown on the plans and typical cross sections and shall be determined
by: California Test Methods 216 or 23 1, or ASTM (current edition) D 1557 and one of the following D2922 or D 1556.
The subgrade must be smooth, uniform and true to the required grade.
Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to
the following requirements:
Tests Test Method Test Results
Sand Equivalent 217 18 min.
Resistance (R-Value) 301 40 min.
The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of twenty-five (25)
or more.
In addition to the- above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surface.
PAYIV~NT. Full compensation for conforming to the requirements of this article shall be considered as
included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.10- AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform to the provisions in
Section. 26, "Aggregate Bases", of the Standard SpeciEcations and these special provisions.
Aggregate base shall be compacted to ninety-Eve percent (95 relative compaction. Compaction will be determined
by the following test methods: California No. 216, California No. 231, or ASTM (current edition) D1557 and one of
the following D2922 or D 1556.
.MEASUREMENT AND PAYMENT. Aggregate Base shall be measured and paid for in conformance
with .Section 26, "Aggregate Bases", of the Standard Specifications.
7-1.11 ASPHALT CONCRETE. Asphalt concrete shall be Type "B'` and shall conform to the provisions
in Section 39, "Asphalt Concrete", of the Standard Specifications and .these special provisions.
Aggregate for Type "B"asphalt concrete shall conform to the requirements for three-fourths (3/4) inch maximum, medium
grading, as specified in Section 39-2.02, "Aggregate", of the Standard Specifications.
When directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2.02, "Aggregate", 1 of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt
concrete are being constructed.
Asphalt concrete Type "B" shall have a bituminous binder of paving grade asphalt of AR 4000 viscosity grade, unless
otherwise directed by the Engineer, and shall conform to the requirements shown in the table for "Steam-Refined Paving
Asphalt" in Section 92-1,02, "Grades", of the Standard. Specifications,
Prior to commencing work on the project, the Contractor shall provide the Engineer with the following information:
a. The aggregate and asphalt source;
20
b. Documentation that aggregates conform to Section 39-2.02, "Aggregate", of the Standard Specifications.
Material sieve analysis and sand equivalent results should not be older than six (6) months. The other
test results required-. in Section 39-2.02, "Aggregate", of the Standard Specifications should not be
older than one (1) year.
c. An asphalt concrete mix design determined by California Test 367. The laboratory test results on
which the design is based shall be included for review. The asphalt concrete mix shall also meet
the requirements of Section 39-2.02, "Aggregate", of the Standard Specifications. If the submitted
data shows that the materials are substantially the same as when the design was prepared, the design
may be up to three (3) years old.
The asphalt binder in the concrete shall be four and one-half percent (4.5%) to five and eight-tenths percent (5.8 based on the weight of the dry aggregate only.
The asphalt concrete shall be compacted so that the void ratio of the completed mix is between six percent (6%) and ei ht
g percent (8
Paving joints shall match stripe locations.
If the finished surface of the asphalt concrete does not meet the specified surface tolerances, it shall be brought within
tolerance by either:
a. Abrasive grinding with equipment utilizing diamond blades (with fog seal coat on the areas which
have been ground),
b. Removal and replacement, or
c. Placing an overlay of asphalt concrete. The method will be selected by the Engineer. The. corrective
work. shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either Asphalt Rejuvenating
Agent or Asphaltic Emulsion as directed by the Engineer.
If abrasive grinding: is used to bring the finished surface to specified surface tolerances, additional grinding shall be performed
as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset
from, and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grindin be ins g g -and ends at lines normal to the pavement centerline, within any ground area. All ground areas shall be neat rectangular
areas of uniform .surface appearance. Abrasive grinding shall conform. to the requirements in the first paragraph and- the
last four paragraphs in Section 42-2.02, "Construction", of the Standard Specifications.
Where the compacted thickness. is 0.1.5 foot or less, half width surfacing operations shall be conducted in such a manner
that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be renter than g
can be completed in the following day of normal surfacing operations. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper, or
other approved bond breaker, may be placed under the conforms to facilitate the removal of the conforms when paving
operations resume.
where the compacted thickness is more than 0.15 foot, the Contractor shall schedule his paving operations such that each
layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work
shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than ten (10} feet. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane and along the ex osed
P longitudinaledgesbctween adjacent lanes, hand raked, and compacted to form temporary conforms. ~ Kraft paper, or other
approved bond breaker, may be placed under the conform feathers to facilitate the removal of the feathers when paving
operations resume.
The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking
bender material onto existing pavement surfaces beyond the limits of construction.
21
A prime coat will not be required; on subgrade prior to placement of asphalt concrete.
Intersectons.andtapend shoulders shall be surfaced as directed by the Engineer. At road connections and private drives,
shown on the plans and as directed by the Engineer, additional asphalt concrete surfacing material shall be placed and
hand raked, if necessary, and compacted to form smooth, tapered connections.
The compaction after rolling shall be ninety-five percent (95 of the density obtained with the California Kneading Compactor
per California Test 304.
The field density of compacted asphalt concrete shall be determined by:
a. A properly calibrated nuclear asphalt testing device in the field, or
b. ASTM D1188 when slabs or cores are taken for laboratory testing. Zinc stearate may be substituted
with paraffin.
In case of dispute, method b. above shall be used.
If the test results for any lot of asphalt concrete indicate that the .relative density is below ninety-five percent (95 but
above ninety-two and- nine-tenths percent (92.9 the Contractor will be advised that he is not attaining the required relative density and that his. materials, or procedures, or both, need adjustment. Asphalt concrete spreading operations
shall not continue until the Contractor has notiEed the Engineer of the adjustment that will be made in order to meet the
required compaction.
If the tests results for any lot of asphalt concrete indicate that the relative density is less than ninety-three percent (93
the asphalt concrete represented by that lot shall be removed,. except as otherwise provided below.. Asphalt concrete spreading
operations shall not continue until the Contractor makes significant adjustments to his materials, or procedures,. or both in order to meet the required compaction. The adjustments shall be as agreed to by the. Engineer. However, if requested
by the Contractor and approved by the Engineer, asphalt..concretewith a relativedensity.of ninety percent (90 or greater
may remain in place: and the, Contractor shall pay to the City the amount of reduced compensation for such lot with low
compaction.. The City may deduct an amount of reduced compensation. from .any- monies due, or that may become due,
the Contractor under the contract. The amount of reduced compensation the Contractor. shall pay to the City will be calculated
using the total tons represented in the lot with low .compaction, times the contract price per ton for the contract item of
asphalt concrete involved, times the following reduced compensation factors:
Relative Density Reduced Relative Density Reduced
(Percent) Compensation (Percent) Compensation
Factor Factor
93.0 91.4
92.9 0.000 91.3 0.062
92.8 0.002 91.2 0.068
92.7 0.004 91.1 0.075 92. b 0.006 91.0 0.082
92.5 0.009 90.9 0.090
92.4 0.012. 90.8 0.098
92.3 0.015 90.7 0.108-
92.2 0.018 90.6 0.118
92.1 0.022 90 . S .0.129
92.0 0.026 90.4 0.142 91.9 0.030 90.3 0.157
91.8 0.,034 90.2 0.175
91,7 0.039 90.1 0.196
91.6 0.044 90.0 0.225
91.5 0.050 0.300
0.056
22
MEASUREMENT AND- PAYMENT. Asphalt Concrete shall be measured and paid for in conformance with Section
39'-8, "Measurement and. Payment", of the Standard Specifications.
7-1.12 INSTALL ROADSIDE SIGN PANELS ON EXISTING POSTS. Roadside sign panels shall
be installed on existing posts at the locations shown on the plans or where directed by the Engineer and in conformance with the provisions in Section 56-2.04, "Sign Panel Installation, "of the Standard Specifications and these special provisions.
Sign panels shall be furnished by the Contractor.
Sign panels shall be mounted on existing posts with Hawkins M2G series bolt and vandal proof nut assembly
or equal.
MEASUREMENT AND PAYMENT. Installing roadside sign panels on existin osts will be aid for
gP p as units determined from actual count in place.
The contract unit price paid for install roadside sign panel on existing post shall include full com ensation
p for furnishing all labor, materials, tools, equipment,. and incidentals, and for doing all the work involved in installing
roadside sign panels on existing posts, complete in place, as shown on the plans, as specified in the Standard Specifications
and these special provisions, and as directed by the Engineer.
7-1.13 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56,
"Signs," of the Standard Specifications and these special provisions.
Overhead signs installed on signal poles; mast-arms or on flashing beacon mast-arm shall be furnished and
installed by the Contractor in accordance with the .plans and these special provisions. Compensation for overhead si ns g
shah be considered included in the respective contract lump sum price or prices.for signal, flashin beacon or combination g .thereof and no additional compensation will be allowed therefor.
7-1.14 INTERNALLY ILLUMINATED STREET NAME SIGNS. Internally illuminated street name
signs shall conform to the provisions in Section 86-6.065, "Internally Illuminated Street Name Si ns " of the Stand g and
Specifications and these special provisions.
Internally illuminated street name signs shall be furnished ,and installed by the Contractor and shall be T e YP A per Caltrans Standard .Plan ES-33 with single -Type V photoelectric control to control ali signs per Section 86-6.07,
"Photoelectric Controls," of the Standard Specifications.
Internally illuminated street name signs. installed on signal poles, mast-arms or on flashin beacon mast-arm
g shall be furnished and installed by the Contractor in accordance with the plans and these special provisions. Compensation
for internally illuminated street name. signs shall be considered included in the respective contract lum sum rice or rices P P P
for traffic signal and lighting and no additional compensation will be allowed therefor.
7-1.15 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement markin s
g shall conform to Section 84, "Traffic Stripes and Pavement Markings," of the Standard Specifications, and these special
provisions.
The first sentence of Section 84-2.02 "Materials" shall be revised to read:
The thermoplastic material shall conform to State Specification 8010-21 C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Striping Detail specified. Striping
Details are referenced in the bid items, the plans and the Standard Plans.
PAYMENT. Estimated quantity of traffic stripes and pavement markings shall be a final pay quantity in
conformance with Section 9-1.015, °'Final Pay Quantrtles," of the Standard Specifications,
23
SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard
Specifications and these special provisions.
Conduits may be installed by either jackingldrilling or open trench methods except .that trenching will not be allowed in sidewalk areas. Installation using hacking or drilling shall conform to Section 86-2.OSC, "Installation," of
the Standard Specifications. Open trench installation shall conform to the following specifications:
l . Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench
not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material
shall be removed from the bottom of the trench prior to placement of conduit. The top of the installed
conduit shall 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 two
(2) sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement
.surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial quality
paving asphalt and aggregates.
3 . Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete
shall be performed by any method which will produce an asphalt concrete surface of uniform smoothness,
texture, and density.
4 . All excavated areas in the pavement shall be backfilled by the end of each work day. Tem or roadmix p ~
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 panels
to nearest seam or scorelne if pits in sidewalk area for jackingldrillingare necessary. Removal and replacement of entire
sidewalk area for jacking/drilling pits is also allowed.
Dependent upon adverse soil conditions or other circumstances encountered at the time of construction,
the ,Engineer may .specify which of the above methods may be used. .
7-2.02 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes " of
the Standard Specifications-and these special provisions.
Recesses for suspension of ballasts will not be required.
7-2.03 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the rovisions in Section P 86-2.08, "Conductors," and Section 86-2.09, "wiring," of the Standard Specifications and these special provisions.
CONDUCTORS -The Contractor -shall use multi-conductor electrical cables for all circuits except lighting,
camera detection and between the service point and controller cabinet.
Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan
ES-13.
Splices shall be insulated by "Method B."
7-2.04 SERVICE. Service shall conform to the provisions in Section 86-2.11, "Service", of the Standard
Specifications and these special provisions.
[lnless otherwise noted, service pedestal shall be Type IIIBF, per Caltrans Standard Plan ES-2E, with window
24
for photoelectric unit, and shall be furnished with 70 amp, 240 volt, 3 pole main breaker and the following branch circuit
breakers:
No. Amps Phase Voits Branch Metered
1 50 1 110 Traffic Signal Yes
2 30 1 110 Lighting No
3 20 1 110 Autoscope Yes
4 20 1 110 Internally Illuminated Yes
Street Name Sign
The Engineer will arrange with the serving utility to complete service connections to service points shown on the
plans and will pay all required costs and fees required by the utility.
7-2.05 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications
and these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86-2.14C "Functional
Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the proj ect as described in SECTION
4, "BEGIl'JNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special
provisions.
The fourth paragraph of Section 86-2.1~4C "Functional Testing" of the Standard Specifications shall be amended
to read as follows:
Turn on of new or modified traffic signals shall be made only after all traffic signal circuits,. including. signal
interconnect circuits,. have been thoroughly tested as specified above.
7-2.06 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Sections 86-4.01, "Vehicle Signal Faces,"
86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard
Specifications and these special provisions.
Housing,. visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All vehicle signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard
Specifications, shall be amended to read as follows:
Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron.
7-2.07 PEDESTRIAN SIGNALS: Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian
Signal Faces," of the Standard Specifications and these special provisions.
Pedestrian signals shall be Type G, conforming to the following:
25
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and two
light sources, each consisting of luminous tubing. and power supplies for the luminous tubing.
The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned polycarbonate
plastic; 3/16 inch nominal thickness hammered wire-glass; or 3/16 inch nominal thickness ultraviolet-stabilized,prismatic-
patterned acrylic plastic. The message plates shall have aflat-black surface over the entire projected area except where the symbols are located. The material used to mask the message plate shall be hard and durable and shall bond. such that
_ it will not flake or peel when the message plate is in use or is washed. The symbols shall be the only illuminated portion
of the message plate.
The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module. The
module shall contain and properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with
a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 ± 1 Hz.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front Screen",
of the Standard Specifications.
7-2.08 LUMIlVAIItES. Luminaires shall conform to the provisions in Section 86-6.01, "High Pressure Sodium
Luminaires," of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as shown
on the plans.
An in-line fuse shall be located in the pull box,
7-2.09 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6.07,
":Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectric control. Internally illuminated street name signs.
shall be controlled by a single Type V photoelectric control located in the service pedestal.
7-2.10 CONTROLLERS, CABINETS AID AUXILIARY EQUIPMENT. The City will. furnish the.. controller
and cabinet assembly for each location complete with all necessary prom modules,. conflict monitor, flasher units and
relays, isolation module, switch packs, detector cards, keys. and locks. The central pad shown on the "Foundation Details:"
of State Standard Plan ES-4B shall be ,increased from a height of 3.5" to a height of 12"
7-2.11. AUTOSCOPE. Vehicle detection will be Econolite's AUTOSC4PE-2004, Video Vehicle Detection.
System furnished by the City.
City-furnished video cameras shall be installed by the contractor.
Camera video cable (Belden #8281) .shall be furnished by the contractor and shall run continuous from camera pigtail
connection to signal controller cabinet. Camera video and .power cords shall enter luminaire arm using engineer approved
crimp-type BNC connectors such as Amphenol 31-71032 and shall utilize a drip loop. Connectors should: be installed
using Amphenol CTL-2 Crimping Tool. weatherproof connections shall not be at bottom of drip loop. Connections at cameras shall be appropriately wrapped and weatherproofed.
7-2.12 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing
all systems, except Autoscope and traffic signal lamps, installed under this contract for a period of one (1) year from.
the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of completion
and final acceptance is made by the City of the work described on the plans and these special provisions.
26
7-2.13 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment",
of the Standard Specifications and these special provisions.
Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract
lump sum price paid for the Traffic Signal and Lighting System and no separate payment will be made therefor.
27
PROPOSAL
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CALL~WAY DRIVE AT HAGEMAN R
OAD
To the City Clerk of the Ciry of Bakersfield:
The undersigned, as bidder, declares that the only persons or parties interested in this ro oral as rinci als are P P P P
those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefull
examined the location of the proposed work, the annexed ro osed form of contract and th y P P e plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the rescribed form
of contract hereto annexed, to provide all necess machine tools a P
~'y ry, pparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office
of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein rescribed
and according to the requirements of the Engineer as therein set forth and that he wi P 11 take in full payment therefor the unit
prices or lump sums set forth in the following schedule.:
The undersigned further agrees that in case of default in executing the required contract, with necess bonds
within ten { 10) days, not including Sunday, after Navin received notice that the ~
g contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City of Bakersfield.
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE
QUANTITY MEASURE EXTENSION N0. (in figures) PRICE
(in figures)
1. 2640 SQFT Remove Traffic Stripes and Pavement Markings
2 • 8 EA Remove Roadside Sign
3 • 5 EA Remove Roadside Sign Panel
4 • 1 EA Remove Roadside Sign Panel/ Cut Post
$ • 5 EA Install Roadside Sign Panel on Existin Post
g
6. 258 Ton Aggregate Base (Class. 2)
7. 230 Ton Asphalt Concrete (Type B)
g. 690 LF Paint Traffic Stripe, Detail 9
9. 840 LF Paint Traffic Stripe, Detail 22
10. 670 LF Paint Traffic Stripe, Detail 38/38A
11. 329 SQFT Paint Pavement Marking
I2. 120 LF Thermoplastic Traffic Stripe, Detail 38
Page 1 of 2
28
,1
TRAFFIC SIGNAL. AND LIGHTING SYSTEM. Ov C ALLOVVAY DRIVE AT HAGEMAN ROAD
ITEM ESTIMATED UNIT OF ITEM N0. QUANTITY MEASURE UNIT PRICE EXTENSION
(in Figures) PRICE
13. (in figures)
385 SQFT Thermoplastic Pavement Marking
14. 100 EA Pavement Marker Refle '
( cove)
- 1 S • 1 LS Traffic Signal and Li htin S st
g g y em
Bidder acknowledges receipt of the following addendum:
received on this project, above and on the to Clearly list any and all addenda numbers wer left hand comer of the sealed bid return envelope.
Signed Total Bid
Company
Address
P.fl. Box
City, State, Zip Code
Telephone Number
License No. and
Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER ,
PENALTY OF PERJURY
Page 2 of 2
29
TR;AI+~IC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRiYE AT HAGEMAN ROAD
The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of
lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Prices} and the respective Extension Price(s) andlor the Bid Total, the Unit
Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices,
provided, however, if the amount set forth as a Unit Price is unintelligibleor omitted, then the amount set forth in the Extension
Price column for the item shall be used to determine the correct Unit Price in accordance with the following:
(1) As to lump sum items, the amount set forth in the Extension Price column
shall be the Unit Price.
(2) As to unit basis items, the amount set forth in the Extension Price column
shall be divided by the estimated quantity for the item and the price thus
obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form,. setting forth the name
and the location of the -mill, shop or office of each subcontractor who will perform work or labor or render service to
.the Contractor to or about the construction of the work or improvement in excess of one-half of one percent (0.5 of prime
Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the onion of the work which
P will be done by each subcontractor. This list is to be completed and submitted with said bid proposal.
.Subcontractor's Name Description of onion P and Street Address (City, State, Zip} of work subcontracted
s
{attach additional sheets if needed)
30
NQNCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal)
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT HAGEMAN ROAD
State of California )
)SS:
County of )
being first duly sworn, deposes and says that
Name
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 directl or indirectl y Y
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 fx the bid price of the bidder or any other bidder or to fix any overhead, profit, or cost element of the bid
price, or of .that of any other bidder, or to secure-any advantage against the public body .awarding the contract of an one
Y 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 divul ed information g
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. Under penalty of perjury, the bidder declares that. neither the bidder nor any subcontractor to be engaged by the bidder for this project has been convicted of any
offense referred to in the California Public Contract Code.
Business Address.
Telephone No.
Place of Residence
Subscribed and sworn to before me
this day of , 19
31
PAGE- INTENTIONALLY LEFT BLANK
32
Accompanying this proposal is
(NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case
may be), in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT 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 Number . .
Sign Here : .
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above to ether with the si
g gnature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co artnershi ,the true name
P P of the firm. shall be set forth above together with the signature. of the partner or partners authorized to sign contracts in behalf
of the copartnership; and if bidder is an .individual, his signature shall be placed above. If si nature is b an a ent other g Y g ,
than an officer of a corporation or a .member of a partnership, a Power of Attorney must be on file with the Ci Clerk of
the City of Bakersf eld pnor to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irre lar and unauthorized.
9
Business Address: .
Telephone Number:
Place of Residence :
. .
Dated: .
33
BIDDER'S BOND T4 ACCOMPANY PROPOSAL
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE f
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.
TIC 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 WI~REOF, we have hereunto set our hands and seals this .day
of , 19
(Seal)
(Seal)
(Seal)
Page I of 2
34
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On ,before me,
personally appeared
_ Personally known to me
Provided to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same inhis/herltheir
authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
tiVITNESS my hand and affixed my official seal
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relyin on the document and could
g .prevent fraudulent reattachment of this form.
CAPACITY CLAIlVIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Q INDIVIDUAL
CORPORATE OFFICER Title or Type of Document
Title(s)
PARTNER(S) ~ LIMITED
GENERAL Number of Pages
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:.
Date of Document
SIGNER IS REPRESENTING:.
NAME OF PERSON(S) OR ENTITY(IES)
~ Signer(s) Other than Named above:
J~
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public works 1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
K In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CALLOwAY DRIVE AT HAGEMAN ROAD
awarded on ,between the City of Bakersfteld thereinafter. referred to as the City),
and the undersigned, which contract provides for the installation of lighting and/or trafftc signal system, and under which
contract the undersigned has furnished and installed .such system, the following guarantee of the said system is hereby
made.
Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should
the system as a whole prove- defective, due to faulty. workmanship, material furnished, or method of installation, or should said
system. or any part thereof fail to operate properly, as planned, due to any of the :above causes; all. within tl) year after date on which. said contract is accepted by .the City, the undersigned agrees to reimburse the City; upon demand, for its expenses
incurred in restoring said systems to the conditioncontemplated in said contract, including the cost of any equipment or materials
replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the
City, so that they will operate successfully as originally contemplated.
The City. shall have the option to make any needed repairs or replacements .itself or to have such replacements or repairs
done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make.. any needed repairs or replacements. In the event the City elects to .have said work performed by the undersigned, .the
undersigned agrees that the repairs shall commence to be made and such materials~as are necessary shall commence to be furnished
and installed. within Twenty-Four t24) hours of the. date specified in the City's written notification. Contractor shall prosecute
with due diligence to complete the -work .within a reasonable period. of time, as specified in the City's written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally
intended by the manufacturers thereof and in accordance with the-~plans and specifications included in said contract.
Date Contractor's Signature
` Firm
Address
36
GUARANTEE
MATERIAL AND WORKMANSHIP
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 ON GALLOWAY DRIVE AT HAGEMAN .ROAD awarded on
,between the City or Bakersfield (hereinafter referred to as "City and the undersigned,. which contract
provides for the installationof ,and other facilitiesand
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 repairand/or replace, at our own cost and
expense, any work and/or materials that we may disturb or displace in making.-good such defects:
Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of
either of them, of any defects in said work or materials; we agree .to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and fo 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 expenseand wewill-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 proj ect
and the City's representative, and shall be enforceable by either of them...
Dater
Contractor's Name
Authorized Signature
37
HOLD HARMLESS AGREEMENT
CITY OF BAKERSFIELD
ti
IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the
W 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 FURTI~R 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.
Date:
Contractor's Name
Authorized Signature
38
SAMPLE. ~ SAMPLE
AGREEMENT N0.
TRAFFIC SIGNAL AND LIGHTING SYSTEM ON GALLOWAY DRIVE AT HAGEMAN ROAD
THIS AGREEMENT is made and entered into on , by and between the CITY OF BA►I~E~LD,
a municipal corporation, referred to herein as "CITY" and ,referred to herein as
"CONTRACTOR."
RECITALS
WI~REAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the
field of ;and
WI~REAS, CITY desires to employ CONTRACTOR to
as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually
agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, ~ in ~ general of:
The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has
been hired to perform, whether specifically included in the scope of work or not.
The following shall be deemed to be .part of this agreement as if -fully set forth herein:
1. Notice to Contractors
2. Special Provisions
3. Bid Proposal
4. Bidder's Bond 5. Performance Bond
6. Material and Labor Bond
7. Letters of transmittal, if any
8. All provisions required by law to be inserted in this contract whether actually inserted or
not.
9. Current State of California DAS 140 Form {if required by Specifications)
2. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows:
F . 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 receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by
CITY to CONTRACTOR shall be made within thirty {30) days after receipt and approval by CITY of CONTRACTOR's
itemized invoice. However, where required by the City of Bakersfield Municipal Code a portion of the payment will
be withheld for the time and purposes set forth therein.
39
4. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision ~of this Agreement
shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary
the terms of this Agreement.
5. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during
the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice
its profession.
6. STANDARD OF PERFORMANCE. All work shall be performed inconformity with all legal requirements
and industry standards observed by a competent practitioner of the profession in California.
7. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and
supersedes all. other oral or written representations. This contract may be modified only in a writing approved by the
City Council and signed by all the parties.
S. EXHIBITS. In the event of a conflict between the terms, conditions or operations set forth herein and those
in exhibits attached hereto, the terms, conditions, or specifications set forth herein shall ~ prevail.. All exhibits to which
reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
9. TERMINATION. This Agreement may be terminated by any parry upon ten X10) days written notice to all
other parties.
10. COMPLIANCE WITH A,LL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, com 1 with pY
all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfiilly observe in all activities relating to or growing out of this A reement g all .Municipal 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. u ose and is not entitled P rP
to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership
or any other association with :CONTRACTOR other than that of an independent contractor.
12. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR..
shallrprocure and maintain for the duration of this Agreement .the following types and limits of insurance { "basic insurance
requirements" herein):
a. Automobile liability insurance,.. providing coverage on an occurrence basis for bodil in'u , includin Y J rY g
death, of one or more persons, property damage and personal injury, with limits of not less than One
Million Dollars ($1,000,000) per occurrence; and the policy shall:
1:) Provide coverage- for owned, non-owned and hired autos.
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 personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; 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 limitsand employer's liabilityinsurance with limits
of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver
40
of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and
volunteers .
All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council,
officers, agents, employees or volunteers and any insurance or self insurance maintained by the CITY, its mayor, council,
officers, agents, employees and volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute
with it.
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 required by this Agreement,
or insurance rated below Bests' A: VII, must be declared prior to execution of this Agreement and approved by the City in writing.
All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation
or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon,
notwithstanding any recovery on any policy.
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.
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 approved by the CITY, if any part of the work under this Agreement is .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. INDEM~tITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and
employees against any and. all liability, claims, actions, causes .of action or demands whatsoever against them, 'or any
of them, before administrative or judicial tribunals of -any kind whatsoever, .arising, out of, .connected with, or caused by
CONTRACTOR, CONTRACTOR's employees, agents, or independent contractors or companies in the. performance of, or in any way arising from, the terms and provisions of this Agreementwhether or not caused in part by a party indemnified
hereunder, except as limited by .California Civil Code # 2782.
14. EXECUTION., This Agreement is effective upon execution. It is the product of negotiation and therefore
shall not be construed against any party.
15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be .personally serviced,. or sent by certified or registered mail and be effective upon actual personal 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 BAK,ERSFIELD
PUBLIC WORDS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301 X805} 326-3724
CONTRACTOR:
41
16. FORUM. Any lawsuitpertaningto any matterarisin under-~ or ` rowin o g g g ut of, this Agreement shall be instituted
in Kern County, California.
17. ASSIG11fMENT. This Agreement shall not be assigned by any party, or an art substituted withou
Y P Y t prior written consent of all the parties.
18. BINDING EFFECT. The rights and obli ations of this A reement sh g g all inure to the benefit of, and be binding
upon, the parties to the Agreement and their heirs, administrators, executors, personal re resentatives successo
assigns. P rs and
r 19. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accountin records and
documentation pertainin to the costs incurred in g other written
g performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and fora eriod of three ears fro
the final payment hereunder, and said records shall p Y m the date of 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 warran
duly authorized to execute and deliver this A reement P is they are g on behalf of 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 A reement to be
g executed, the. day .and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD
By By
BOB PRICE
Mayor Title
Please Print or Type Name & Title
APPROVED- AS TO FORM:
JUDY K. SKOUSEN
City Attorney
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
42
[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 ESCR4w 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 a ree as follows: g
1. Pursuant to Section 22200 of the Public Contract .Code of the State of California, Contractor has the. o tion to
p deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld b Owner ursuant
Y p to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as the "Contract" .
when Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the. Owner
within ten (10} days of the deposit. The market value of the securities at the time of the substitution shall be at least
equal to the cash amount then required to be withheld as retention under the-terms of the Contract between the Owner
and Contractor. Securities shall be held in the Warne 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 theEscrow A ent hold securities in the
g form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit
of the Owner until such time as the escrow created hereunder is terminated,
-1-
43
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering
the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5, The interest earned on the securities or the money market accounts held. in escrow and all interest earned on that interest shall. be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to the Owner.
6, Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents
to the withdrawal of the amount sought to be withdrawn by Contractor.
7, The Owner shall have a right to draw upon the securities in the event of default by the Contractor. U on seven p
(7) days' written notice to the Escrow Agent from the Owner ofi the default,. the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is fins! and. complete, and that
the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall
release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The
escrow shall be closed immediately upon disbursement of-all moneys and securities on deposit and payments of
fees and: charges. ,
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor ursuant to Sections p
to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to .give written notice or receive written notice on behalf of the
Owner and on behalf of. Contractor in connection with .the foregoing, and exem tars of their res ective si natures
p p g , are as follows:
0n behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
_2_
44
4n behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and. Contractor shall deliver to the Escrow Agent a fully
executed counterpart. of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on th`e date first set . forth. above.:
owner Contractor-
Title Title
Name Name
Signature Signature
3 _3_
v
45
FAITHFUL PERFOR-MANGE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner,"
f has, on DATE OF AWARD, 19 ,awarded to NAME OF CONTRACTORS a corporation organized and doin
g business under and by virtue of the laws of the State of California, hereinafter designated as the Prince al, a contract
p #or the PROJECT DESCRIPTION); and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for
the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and CLEAVE BLANK FOR BONDING COMPANlr7, as Surety, are held and firmly bound unto the Owner in the sum of 100% OF AMOUNT AWARDED
AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well and trul to be made
Y we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly bythese 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 b ,and well Y
and truly keep and faithfully perform the covenants, conditions, and agreements in the said. con#ract and an alterations Y
made as therein provided, on his or their .part, to be kept and performed at the time and in the manner therein s ecified p
and in all respects according to their true intent andmeaning, and shall indemni 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 brou ht on this bond will a to the 0
9 p y wner 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 obli anon
g in the said amount shall hold good for a period of one (1 year after the com letion and acce tance of the p p said work,
during which time if the above .mentioned Principal, his or its heirs, executors, administrators, successors, or assi ns 9
shall fail to make full, complete, and satisfactory repair and replacements or total) rotect the said Owner from los Yp s
of damage made evident during said period of one year from the date of acceptance of said work, and resultin from g or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the .above obli anon
g in the said amount shall remain in full force and effect.. However, anything in this ara ra h to the contra `notwithstandi
p g p ry ng, the obligation of the Surety hereunder shall continue so long as any obligation of the Princi al remains..
p
And the said Surety, for value received, hereby: stipulates and agrees that no Chan a extension g~
of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or
the .specifications accompanying the same shall, in any way, affec# its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said- Surety hereby waives the rovisions of Sections
p 2819 and 2845- of the Civil Code of the State of California.
As a part df the obligation secured hereby and in addition to the amounts ecified there#or
p , 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..
46
fN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their
seals this day of ,19_, the name and cor orate seat of each p corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
Principal
r
(Seal} Signature for Principal Title
Surety
(Seal} Signature for Surety Title
(Attach notarization form for each required signature.}
Page 2 of 2
PERFBOND,2
47
MATERIAL. -LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, County of Kern, State of Cali#ornia, hereinafter desi Hated g the "Owner," has, on Date of Council Meeting. ,19 ,awarded to Name of Contractor
a organized and doing business under and by virtue of the Laws of
the State. of California, hereinafter designated as the "Principal," a contract for Pro'ect Name _
and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, rovidin p g
that if said Principal, or any of his or i#s subcontractors, shall fail to pay for any materials, rovisions or p
other supplies used in, upon, for, or about the performance of the work contracted to be do ne, or #or
any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth;
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Sure ,are held
and firm) bou o ~ ~ y nd unto the Owner the penal sum of 50 /o of Amount. Awarded at Council Meetm
dollars lawful money of the United States, for the a merit of which sum
pY well and trulyto be made, we bind ourselves, our heirs, executors, administrators, and successors 'ointl
and severali , firml b these resents. ' ~ Y Y YY p
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Princi al, his. or its heirs exe p cutors, administrators, successors, or assigns, shall fail to pay for any material, rovisions or other su lies
p pp used in, upon, for, or about the performance ofthe work contracted to be done, or for any work or labor thereon
of any kind or for any amount due under the Unemployment insurance Code with res ect to
p work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of
the Revenue and Taxation Code of the. State of California with respect to such work or labor as re uired
q by the provisions of Chapter 11, division V, Title I of the Government Code of the State of Ca ' ' lifornia, or
with respect to any work or labor for which a bond is required by the provisions of Sections 3247 throu h
.3252 of the Civil Code of the State of California and g provided thatthe persons, companies, or corporations
so furnishing said materials, provisions, or other supplies, a fiances, or ~ ower use in u o pp p p n, for, or about
the performance of the work contracted to be executed: or performed, or an erson who ~ erforrns Y p p work or Labor upon same, or any person who supplies both work and materials, thereto,. shall have com lie
p d .with the provisions of said .Civil Code, then said. Surety will a the ame in or to an amou
p Y nt not exceeding .the amount hereinabove set forth,. and also will pay in case suit. brow ht' u on this bond such reaso
g p nable attorney`s fees to the Owner as shall be fixed by the court.
48
This bond shall insure to the benefit of the Owners and:. an and all ersons coma ' y p p Hies, and corporations
and their respective assigns entitled to file claims under a licable State law includ' to, California Civil Co ~p ~ mg, but not limited.
de Section 3181, so as to give a nght of action to them or their assi ns in an ,suit brought upon this bond. g y
And the said Surety, for value received, hereby stipulates and agrees that no chap a eaten ' '
g , sion oftirne, alteration, or addition to the terms of the contract or to the work to be erfiormed there
4 specifications accom an in the s ~ p under or the p y g ame 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 o f the contract
or to the work or to the specifications. Said Surety hereby waives the revisions of Sections
2845 of the Civil Code of the St p 2819 and ate of California.
IN WITNESS WHEREOF, the- above mentioned parties have executed this instrument and '
er their seals this day of ,19_, the name and cor orate seal of e
pa been hereto affixed and p ach corporate ~Y g these presents .duly signed by its undersi ned re resentative
to authori of its overnin bed , g p ,pursuant g g Y
Principal
(Seal} Signature for Princi al p Tale
Surety
Surety Address & Telephone No.
(Seal). Si nature for Sure g tY Title.
(A#tach notarization form for each required si nature.
g }
49
T`~~is farm should be sent to thee. Joint Apprenticeship Committee
~f the craft or trade in the- area of the site- of the public work. !t you- have: any questions as to the address of the appropriate PU6LlC WORKS
point Apprenticeship Committee, contact the nearest office of ~p 1NF~RMATION
`~e Division of Apprenticeship Standards (DRS}. Consult your CONTRACT AWA a~ephone directory under California, State of, (ndustria!
Relations, for the OAS office in your area.
OF C~lTFiAC?Oq' ~ CONTRACTOR'S STATE LICEfltSE N0.
COPtrAACTORS MAUNG ADDRESS - NUMBED a STREET. CITY, ZIP CODE ;AREA COOE 3 TE~.EPt•gNE N0.
NAME b LaCATION OF PLlt3UC WORKS PROJECT GATE OF CONTRACT AwARO
' GATE OF EXPECTED OR ACTUAL START OF PAO„ECT
VAME 3 AODAESS OF PISUC AGENCY AwAROtNG CONTRACT ~ ESTIMATED NUII~EA OFJOURNEYMEN FiOtJaS
f
i
APPRI=NTIC>_S ' OCCUPATION OF APPAENTiCc ~ NUl~ER TO BE E'u~l.OYED APPROXWIATE DATES TO t3E EMPLOYED
i i
I
~ ~
~ ~
I
Check one Qf Tie Boxes Be1aw:
box ~ We request dispaich of apprentice(s) for this job. We voluntarily choose to comply with the applicable Joint
A renticeshi Committee Standards for the duration of this job -only, in training the apprentice(sj. We PP P
assume no other obligations to the committee or unions under Slate or Federal laws.
aox 2 We request dispatch of apprentice(s~~ for this job. We do not wish to follow the applicable Joint Apprent~ceshtp Committee Standards in training; the apprentices;. instead, we agree to .employ and train
apprentice(s) in accordance with. the Califiornia Apprenticeship Council regulations governing employment o~
apprentices on .public work projects. We assume no other obligations to the. committee or unions under
State or Federal I:aws.
f
Boz 3 We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will
employ. and train under the Standards.
Box 4 ; UVe do not request ,the dispatch of apprentice(s~ since apprentices are not required on this job under thee.
provisions of Calcfornia Lobar Code Section 1777.5, because:
Signature
?'yped ~1ame
Title Date -
State of California Department of Industrial Relations
~~s tap (New i190y OlvlSloN of APPRENTICESHIP STANDARDS
C'
f