HomeMy WebLinkAbout1999 Special Provisions Project P8K006
CITY ~F BAKERSFIELD ` l' CALIFORNIA
_ _
NOTICE TO CONTRACTORS,
SPECIAL PROVISIONS,
BID :PROPOSAL AND CONTRACT.
FOR
. ,
IGNAL AND LIGHTING SYSTEM INSTALLATION AND -TRAFFIC S
MEDIAN .:ISLAND IMPROVEMENTS`. ON
AVE AT "S" AND "T~~ STREETS, TRUXTUN
NING: E P ID 0 ~B ~4 -
DATE ,JANUARY 13 ,1999
- TIME 11.00 A.M.
. PROJECT N0. P8K006
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~ _ , i
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CITY OF BAKERSFIELD 1 ` . "'1'
:PUBLIC WORKS DEPARTMENT j
X BUIIrDING 2ND FLOOR ANNE
1501 TRU~~TUN AVENUE
RSFIELD CALIFORNIA 93301 ~ ~ 0~~ ~9 ~ ~ BAKE ~ ;~o Robert L. Tabht. ; . .
z Telephone: ;(805) 32b-399b - No. C 4 ~
Filename: C:1RLT1AmtraklAmttak2.wpd 6 .r~
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TABLE OF CONTENTS
TICS TO CONTRACTORS i NO
SPECIAL PROVISIONS 3
SECTION i -DEFINITIONS AND TERMS 3
1-1.01 General 3
i-1.02 Definitions and Terms 3
SECTION 2 -PROPOSAL REQUIItEMENTS 4
2-1.01 General Information 4
2-1.02 Approximate Estimate 4
2-1,03 Examination of Plans, Specifications, Special Provisions, and Site of Work 4
2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities 4 2-1.05 Proposal Form 4
2-1.06 Bidder's Guarantee 4
• 2-1.07 Required Listing of Proposed Subcontractors • 4
2-1.08 Bid Submittal Items 5
2-1.09 Omissions in Specifications and Drawings • • • • 5
2-1.10 Withdrawal of Proposals 5 2-1.11 Public- Opening of Proposals 5
2-1.12 Relief of Bidders 5
2-1.13 DisqualificationofBidders 6
2-1.14 DVBE Participation Program 6
SECTION 3 -AWARD AND EXECUTION OF CONTRACT • • • • • • • • 12
3-1.01 General 12
3-1.02 Award of Contract 12
3-1.03 Contract Bonds 12
3-1,04 Execution of Contract 12
3-1.05 Return of Bidder's Guarantees • • • • • • • • • • • . • 12
SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 13
4-1.01 General 13
SECTION 5 -GENERAL 14
5-1.01 State Contract Act Not Applicable • 14 5-1.02 Alteration in Quantity of Work 14
5-1.03 Control of Work 14
5-1.04 Prevailing Wages 14
5-1.05 Payroll Records 15
5-1.06 Labor Nondiscrimination • • • . • • • 15
5-1.07 A rentices 15 PP
5-1.08 Trench Safety 15 5-1.09 Sound Control Requirements • 16
5-1.10 Permits and Licenses 16
5-1.11 Working Hours 16
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5-1.12 Laws to Be Observed 16
5-1:13 Contractor's Insurance 17
5-1.13a Indemnity 17 5-1.13b Insurance 17
5-1.14 Contractor's Authority 18
5-1.15 Work in City Streets 18
a 5-1.16 Right of Way 18
5-.1.17 Suspension of Contract 18
5-1.18 Temporary Suspension of Work 19
5-1.19 Payments 19 5-1.20 Final Payment 19
5-1.21 Increased or Decreased Quantities 20
5-1.22 Hazardous Materials 20
5-1.23 Highway Construction Equipment 20
SECTION 6 -CONTROL OF MATERIALS 21
6-1.01 General 21
6-1.02 Borrow, Disposal and Material Sites 21
6-1.03 Certificates of Compliance 21
SECTION 7 -CONSTRUCTION SPECIFICATIONS 22
7-1.01 Order of Work 22
7-1.02 Relations With U.S. Postal Service 22
7-1.03 Obstructions 22
7-1.04 Maintaining Traffic 23
7-1.05 Existing Highway Facilities 24
7-1.06 Sawcut Asphalt Concrete Pavement 24 7-1.07 Remove Concrete 24
7-1.08 Remove Traffic Stripes and Pavement Markings 24
7-1.09 Remove Roadside Signs 25
7-1.10 Relocate Roadside Signs 25
7-1.11 Clearing and Grubbing 25
7-1.12 Tree Removal 25
7-1.13 Dust Control 26 7-1.14 Earthwork 26
7-1.15 Hazardous Waste in Excavation 27
7-1.16 Finishing Roadway 27
7-1.17 Aggregate Base 27
7-1.18 Asphalt Concrete, Type B 28
7-1.19 Roadside Signs 28
7-1.20 Overhead Signs 29 7-1.21 Miscellaneous Concrete Construction 29
7-1.22 Minor Concrete (Textured Paving) 29
7-1.23 Traffic Stripes and Pavement Markings 30
7-1.24 Pavement Markers 30
7-1.25 Modify Irrigation System 31
SECTION 7-2 -TRAFFIC SIGNALS AND LIGHTING 32
7-2.01 Foundations 32
7-2.02 Standards, Steel Pedestals and Posts 32
7-2.03 Conduit 32
7-2.04 Pu1lBoxes 32
7-2.05 Conductors and Wiring 32
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7-2.Ob Service 33 7-2.07 Testing 33
7-2.08 Controllers, Cabinets and Auxiliary Equipment 33
7-2.09 Signal Faces and Signal Heads 34
7-2.10 Pedestrian Signals 36
7-2.11 Luminaries 37
7-2.12 Internally Dluminated Street Name Signs 37
7-Z.13 Photoelectric Controls . 37 7-Z.14 Autoscope 37
7-2.15 Guarantee 37
7-Z.16 Payment 38
PROPOSAL (Yellow Pages) 39-45
Proposal Form 39-41
Bidder's Bond 43
Noncollusion Affidavit 45
DVBE GOOD FAITH EFFORT DOCUMENTATION PROPOSAL FORMS 1-4
DVBE PARTICIPATION SUMMARY FORM (Completion Instructions)
SAMPLE CONTRACT 46
Independent Contractor's Agreement 46
Faithful Performance Bond 51
Material and Labor Bond 53
Escrow Agreement for Security Deposits in Lieu of Retention 55
Guarantee -Material and Workmanship 57
Guarantee -Traffic Signal Equipment 58
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CITY OF BAKERSFIELD
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Ha11,1501
Truxtun Avenue, Bakersfield, California, until 11:00 o'clock A.M. on_J~ 13_. 1999, to be publicly opened and read
immediately thereafter in the City Council Chamber, for the following work;
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IlVIPROVEMENTS ON
TRUXTUN AVE AT "S"AND "T" STREETS
Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer
b stin a refundable deposit of 7~. ($0) for each complete set. Refund of deposit will be made provided the plans and y 1~ g specifications are returned to the Purchasing Officerwithintwenty-one (21) days from the 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 and Section 2, "Proposal
Re uirements", of the special provisions issued for this project. Each bid must be accompanied by a proposal guarantee in q
accordance with the provisions set forth under Sectio~i 2, "Proposal Requirements and Conditions," of the Standard
Specifications and Section 2, "Proposal Requirements", of the special provisions issued for this project.
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
re uirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby q
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 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, Department of
Transportation, dated July, 1992, insofar as the same may apply.
Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.), the Contractor shall. not pay less than
the revailin rate of wages to workers on this project as determined by the Director of California Department of Industrial p • g ~ ' ' fil d o en for ins ection at the Ci of Bakersfield, Relations. The Director s schedule of prevailing rates is on a an p p ty
Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.
A sam le contract is included in this bid package. Please review it carefully. This is the contract the Contractor shall be
P expected to execute without alteration. If any changes are desired they must be submitted to the City for approval prior to
bid opening. If approved, the changes will be issued to all prospective contractors. Failure to submit request for changes in
a timely manner will result in a denial of the request for change.
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.
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GENERAL DESCRIPTION OF WORK
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The work to be rformed consists, in general, of installing a traffic signal and lighting system on Truxtun Avenue at S Pe
Street constructin median island improvements for left-turn channelization, closure of the intersection at "T" Street, and g
includes constructin aving, curb and gutter, handicap ramps and installing traffic stnping, pavement markings and traffic gP
signs.
The Ci of Bakersfield shall furnish the following equipment for the installation of the traffic signal and lighting system as
shown on the plans and in these special provisions as follows:
1) The Signal Standards, signal mast arms, luminaire mast arms, l A poles and corresponding
anchor and mast arm ~riou~iting bolts at locations A, B, C, D, E, F, G, and H as shown on the plans.
2) The signal controller box and corresponding internal equipment.
3) The Autoscope Vehicle Detection System
4) The Opticom Pre-emption system
CITY OF BAKERSFIELD
RAUL M. ROJAS
Public Works Director
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CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1-DEFINITIONS AND TERMS
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1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitle
"State of California, Department of Transportation, Standard Specifications, July, 1992," as referenced herein, insofar as
the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with
the following special provisions.
Incase 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
S ecifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as P
follows:
City -City of Bakersfield, California.
Department of Transportation, CALTR.ANS -The Engineering Department of the City of Bakersfield.
Director -City Engineer.
En ineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the g 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 S ecifications -Standard Specifications of the State of California, Department of Transportation, dated July, 1992. P
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 a Baring in the Standard Specifications, the general provisions, and the special provisions, shall have the Pp
intent and meanin specified in Section 1, Definition of Terms of the Standard Specifications. The terms bid and proposal g
are used in the same way and can be freely interchanged herein.
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SECTION 2 -PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her
office, City Ha11,1501 Tn~xtun Avenue, in said City until 11:00 A.M. on J=ry 13_ 1999 sealed proposals for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IlVIPROVEMENTS ON
TRUXTUN AVE AT "S"AND "T" STREETS
` 2-1.02 APPROXIMATE ESTIMATE. ThP Engineer's estimate of the quantities of work to be done and materials to be
furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not
e ressl orb im lication agree that the actual amount of work will correspond therewith, but reserves the right to xp Y Y P
increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND SITE OF WORK. The
bidder is re aired to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will q
be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be encountered, the character uali ,and uantities of work to be performed and materials to be furnished, and as to the requirements of the
q tY q s ecifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be P
considered prima facie evidence that the bidder has made such examination.
2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Pro osals ma be rejected if they show any alterations of form, additions not called for, conditional or alternative bids,
p Y incom lete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced maybe P
rejected.
The right is reserved to reject any and all proposals and waive any irregularity.
2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer,
the form of which appears herein immediately following these special provisions. All proposals must give the prices ro osed and must be si ed by the bidder, with his address. If the proposal is made by an individual, his, name, telephone
PP ~ number and ost office address .must be shown. If made by a firm or partnership, the name and post office address of each p
member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state
under the laws of which the corporation was chartered and the names, titles, and business addresses of the president,
secretary and treasurer.
- 06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal 21.
Guaran made a .able to the City of Bakersfield, for an amount equal to at least ten percent (10%} of the amount of said tY p Y
bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2-1.07 REQUIRED. LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the
name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of
'/Z of one ercent of his total bid orten-thousand ($10,000) dollars, whichever is greater, in accordance with the Subletting P
and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's
attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions
by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
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Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DVBE
Subcontractors on the forms provided for that purpose.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following completed forms:
MODIFY THIS SECTION AS NECESSARY: j • Proposal Form;
• Bidder's Bond Form; and
• Noncollusion Affidavit Form; and
• DVBE Participation Program Forms
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 specifications of the materials or details of work which are manifestly or obviously
necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall
relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings of specifications.
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 written request for the withdrawal of the bid filed with the Purchasing Department. The
written request shall be on the bidder's letterhead and shall be executed by the bidder or .his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly
at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be
withdrawn after the time fixed in the public notice for the opening of bids.
2-1.11 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 present.
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 five (5) days after the opening of the bids of the
alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 {Chapter 376, Stats,1985) provides as follows:
Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person from
bidding upon, or being awarded, a public works or services contract with the agency under this part or from being
a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible
managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or
federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract,
as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this
article, the Regents of the University of California or the Trustees of the California State University. A state
agency may determine the eligibility of any person to enter into a contract under this article by requiring the person
to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be
engaged by the person has been convicted of any of the offenses referred to in this section within the preceding
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three (3) years.
A form for the statement required by Section 1OZ85. l 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 maybe rejected. Proposals in which the prices obviously are unbalanced maybe rejected. Bidders maybe
disqualified for being non-responsible.
2-1.14 DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION PROGRAM. The following
information was obtained from the State of California, Department of General Services, Office of Small and
Minori Business (OSMB). The City of Bakersfield is using this document as a description of the Disabled ,
Veteran Business Enterprise Participation Program as it vv~ll apply to the City s project. For this project, the
following terms are redefined as follows
The City of Bakersfield is an "awarding department" and a "state agency" for the purposes of the DVBE
participation program.
"Solicitation" is the City of Bakersfield's project described in the special provisions issued for the project.
while the State of California has established a DVBE participation goal of 3 percent, the City of Bakersfield has
established a DVBE participation goal for this project of 4 (four} percent of the contract bid amount.
DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION PROGRAM
A. Purpose. The State of California acknowledged disabled veterans for their service by establishing the
Disabled Veteran Business Enterprise (DVBE) Participation Program. The program intends to further their
participation in state contracting, promote competition and encourage greater economic opportunity.
B. Description. The State of California established a DVBE participation goal. The goal applies to the
overall dollar amount expended each year by the awarding department. Each state agency is to establish a
method for monitoring compliance with the goal. Awarding departments have the discretion to include the
program goal within individual contracts.
For each applicable contract, prime contractors must achieve the minimum DVBE participation goal or
demonstrate they made a "Good Faith Effort" to achieve participation. The law intends DVBE
artici ation. However, should a bid be submitted with less than minimum participation, the prime p p
contractor must make and document their efforts to attain participation to be program responsive.
The five legally defined "Good Faith Effort" steps are:
1. Contact was made with the awarding department to identify DVBEs.
2. Contact was made with other state and federal agencies and with local DVBE
organizations to identify DVBEs.
3. Advertising was published in trade papers and papers focusing on DVBEs, unless time
limits imposed by the awarding department do not permit that advertising.
4. Invitations to bid were submitted to potential DVBE contractors.
5. Available DVBEs were considered.
C. Certification. The law defines a disabled veteran as a United States military, naval or air service veteran
with a service related disability of at least 10 percent and who is a resident of the State of California.
For a firm to be certified by the OSMB as a DVBE, it must submit a completed Small Business and/or
Disabled Veteran Business Enterprise Certification Application (STD 81Z) and meet the following legal
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requirements: .
• It is a sole roprietorship or partnership at least 51 percent owned by one or more disabled p
veterans or, in the case of a publicly owned business, with at least 51 percent of its stock
owned by one or more disabled veterans; a subsidiary which is wholly owned by a
co oration in which at least 51 percent of the parent company's voting stock is owned by ~ .
one or more disabled veterans; or a joint venture in which at least 51 percent of the joint
venture's management, control and earnings are held by one or more disabled veterans.
• One or more disabled veterans control the management and daily control of the daily
business operations. The disabled veteran(s) exercising management and control need not
be the same disabled veteran(s) who own the firm.
• It is a sole proprietorship, partnership or corporation with its home office located in the
United States and is not a branch or subsidiary of a foreign corporation, firm or business.
D. Authori .Public Contract Code, Part 2, Division 2, Chapter 1, Article 1.5, Section 10115 et seq.; ty .
California Milita and Veterans Code, Article 6, Section 999 et seq.; and California Code of Regulations ,
Title 2 Division 2, Cha ter 3, Subchapter 10.5, Sections 1896.60 -1896.67,1896.70 -1896.85 and p
1896.90 -1896.98
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DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION PROGRAM
REQUIREMENTS
PLEASE READ THESE INSTRUCTIONS CAREFULLY
A. GENERAL. Public Contract Code Section 10115 et seq. establishes a contract participation goal for disabled
veteran business enterprise (DVBE). This goal applies to a state agency's overall contracting program. State
agencies have the discretion to apply the DVBE partiicipation goal to individual contracts. DVBE participation requirements are included for this contract. This solicitation attachment provides program information and
bidder responsibilities for the DVBE Participation Program. Bidders must meet DVBE Participation Program
requirements to be viewed as a responsive bidder and considered for contract award. Failure to submit a
complete response may result in anon-responsive determination, in which case the bid will be rejected.
For bid response assistance, please contact the contracting official below:
Arnold Ong
City of Bakersfield, Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301
Voice: (805) 326-3591
Fax: (805) 328-1027
E-mail: aranuning@ci.bakersfield.ca.us
The Office of Small and Minority Business (OSMB) offers program information and may be reached at:
Department of General Services
Office of Small and Minority Business
1531 I Street, Second Floor Sacramento, CA 95 S 14-2016
Homepage: http alwww. osmb . dgs . ca.gov
24 hour information and document request system: (916) 322-5060
Receptionist: (916) 323-5478
Fax: (916) 442-7855
B. DVBE PARTICIPATION PROGRAM COMPLIANCE OPTIONS. Before you begin to prepare your
bid response, you will need to determine which option you will use and document to meet DVBE Participation Program requirements:
Option A - Commitment to Contract Participation - Meet or exceed the DVBE participation goal for
this solicitation and document that commitment. Should efforts result in partial or no
participation, you must document your "good faith efforts" to attain DVBE participation for
this solicitation to meet DVBE Participation Program requirements. Option A instructions are
included below.
Option B - Business Utilization Plan - Submit with your bid a copy of your firm's "Notice of Approved
DVBE Business Utilization Plan". Additional Option B information is provided on the
following pages.
NOTE: Business Utilization Plans must address DVBE participation and
apply only to procurements for materials, supplies and equipment, including
electronic data processing and telecommunication goods and services.
1. OPTION A - Commitment to Contract Participation
a. Meet or exceed the project's DVBE participation goal by one of the following two (2) ways:
(1.) If you are anon-DVBE bidder, commit to use DVBE(s) for at least the
project's DVBE goal.
(2,} If you are a DVBE bidder, commit to perform at least the project's DVBE
goal with your firm or in combination with other DVBE(s).
To document DVBE Participation, use the "Disabled Veteran Business Enterprise
8
A.
Participation Summary", form STD 840, proposed 03198. A copy of that form is included
in the Proposal Form section of the special provisions for this project.
OSMB-DVBE certification is the only acceptable certification.
NOTE: Bidders must include certification verification for each participating DVBE bidder,
subcontractor, and/or supplier.
b. Good Faith Effort. Should full goal attainment not be achieved, your "good faith efforts" must v be documented to meet DVBE Participation Program requirements prior to the solicitation due
date, by completing the Good Faith Effort Documentation Form (Exhibit A) in its entirety. Bidders are encouraged to seek at least partial DVBE participation. A copy of Exhibit A is
included in the Proposal Form section of the special provisions for this project.
NOTE: All efforts intend to identify and attain DVBE participation.
Step 1, Outreach, Awarding Department - Contact the contracting official identified for this
bid to identify potential DVBE subcontractors/suppliers. Document contact(s) and results on
Exhibit A.
Step 2, Outreach, Other State, Federal and Local Organizations -
• State - Contact the OSMB to identify certified DVBEs. An Internet Certified DVBE
Query Report is available at http:// wvwv.osmb.dgs.ca.gov or a listing may be
requested by calling (916) 322-5060. Document contact and results.
• Federal - No contact necessary as no viable federal contacts are currently known. NOTE: Awarding departments will require this contact should viable. federal contacts
become available.
• Local -The OSMB publishes the "State Contracting Resource Packet" to assist
bidders in meeting this requirement. The "State Contracting Resource Packet" is
available on the Internet at http:/lwww.osmb.dgs.ca.gov or may be requested by calling (916) 322-5060. Document request and results. Contact listed local
organizations to identify potential DVBE subcontractors/suppliers. Document
contact(s) and results on Exhibit A.
Step 3, Advertisements - Advertise in at least one trade and one focus publication (minimum
two ads). List publication name(s) and advertisement dates on Exhibit A. Include copies of
ads with bid.
NOTE:
• Advertising is mandatory unless the solicitation document specifically waives
the requirement due to time constraints.
• Advertising must be published more than 14 days prior to the bid opening
date.
• Sample ad content:
(Your company name} is seeking qualified Disabled Veteran Business
Enterprise (DVBE) subcontractors &/or suppliers to provide (what) for
(project) (location).
Contact: (name, address, telephone, fax, a-mail) Bids due: (date/time)
(solicitation number)
• In accordance with PCC Section 10115.2(b)(3), bidders must advertise in
one trade and one focus publication unless the DVBE goal is satisfied. The
OSMB publishes a list of trade and focus publications to assist bidders in meeting these contract requirements. To obtain a list, please contact the
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OSMB and request the "State Contracting Resource Packet" at:
Department of General Services
Office of Small and Minority Business
1531 I Street, Second Floor
Sacramento, CA 95814-2016
Homepage: http://www.osmb.dgs.ca.gov
24 hour information and document request system: (916) 322-5060
Receptionist: (916) 323-5478
Fax; (916) 442-7855
Step 4, Invitations to Bid -Invite identified DVBE subcontractors/suppliers to bid. Steps
1-3 should have produced a list of potential DVBEs.
• Solicitation Sample - Include a sample of the solicitation sent (letter, fax, e-
mail) or discussed (by phone) with DVBE firms. If contact was by phone,
document the conversation, date, time, contact person, and business
opportunities discusse .
• Bidders List -Include the list of DVBEs invited to bid.
Step 5, Consider responses -Bidders must consider responding DVBEs for contract
participation. Consideration should be based upon business reasons and the same criteria
applies to all potential subcontractors/suppliers. List on Exhibit A those firms from your bidders list that responded to your, Step 4, Invitation to Bid. Indicate using the word
"selected" if a firm was selected for participation or provide the business reason for non-
selection. NOTE: Firms shown as selected are to be listed on form STD 840, proposed
03198. If you have exhausted all avenues to attain DVBE bid responses, and no responses
were received, indicate "none" on form STD 840, proposed 03198.
2. OPTION B -Business Utilization Plan
PCC Section 10115.15 permits bidders to submit DVBE Business Utilization Plans to satisfy DVBE
Participation Program requirements. The Business Utilization Plans:
• Are annually approved by the Department of General Services (DGS), Procurement
Division (PD), Small Business Resource Unit and address DVBE participation. The
annual approval process includes a prior year compliance evaluation.
• Apply only to procurements for maten~als, supplies and equipment, including electronic
data. processing and telecommunications goods and services.
• Address statutory information requirements.
• Must be submitted prior to the bid due date and subsequently approved to satisfy
DVBE Participation Program requirements.
DVBE Business Utilization Plans do not satisfy DVBE participation requirements for construction or
non-EDP service contracts or contracts having DVBE goals which exceed those contained in the
bidder's approved Business Utilization Plan.
Instructions for the preparation and submission of DVBE Business Utilization Plans maybe obtained
by contacting the DGS, PD, Small Business Resource Unit, 1823 14~' Street, PO Box 942804,
Sacramento CA 94204-0001 or by calling (916) 445-5093.
C. CONTRACT AUDITS. Contractor agrees that the State or its delegate will have the right to review,
obtain and co all records ertainin to performance of the contract, including but not limited to py P g
reports of payments made to subcontractors during the term of the contract. Contractor agrees to
provide the State or its delegate access to its premise, upon reasonable notice, during normal business
hours for the purpose of interviewing employees and inspecting and copying such books, records,
accounts, and other material that may be relevant to a matter under investigation for the purpose of
10
determinin com liance with this requirement. Contractor further agrees to maintain such records for g P
a period of three (3) years after final payment under the contract.
D. ANSWERS~TO FREQUENTLY ASKED QUESTIONS:
The following questions are among the most frequently asked regarding DVBE requirements:
Q' If I am awarded the contract, either with partial or full goal attainment documented, am
. I required to use the subcontractorlsupplier proposed in my bid?
A: Yes, unless you have requested and received substitution approval from the State. Written
requests should include:
• the person's or firm's name to be substituted,
• the substitution reason,
• the reason anon-DVBE subcontractor is proposed, if applicable,
• describe the business to be substituted including its business status as a sole
proprietorship, partnership, corporation or other entity, and
• the certification status of the firm, if any.
See California Code of Regulations Section 1896.64 & (d) for substitution criteria.
The request and the State's approval or disapproval is not construed as an excuse for
noncompliancewithany -other provision of the law, including but not limited to the Subletting
and Subcontractin Fair Practices Act or any other contract requirements relating to g
substitution of subcontractors. Failure to adhere to at least the DVBE participation proposed
by the successful contractor may be cause for contract termination and recovery of damages
under the ri is and remedies due the State for default section of the contract(s) and any other
penalties provided for by statute.
Q; Who notifies the subcontractor when an award is made?
A: U on award to a prime contractor, the awarding department notifies listed subcontractors of
p . their contract participation. Primes are encouraged to notify their listed subcontractors
immediately after an a~~vard is made to formalize their business agreements.
Q: What happens to bids considered non-responsive to the DVBE Participation Program
requirements?
A: Non-responsive bids are rejected. Many are rejected because of
• incomplete documentation,
• documentation not received by bid due date,
• mathematical error related to the percentages,
• basing goal attainment on workforce composition.
Q• If I am a disabled veteran business enterprise, can I meet the DVBE goal as a single .
company?
A: Yes.
Q• If my submitted bid meets the contract goal and the State decides to make multiple
awards to the bidlcontract, could my bid be considered non-responsive?
A: No, the State's decision to make multiple awards will not jeopardize bid compliance.
11
SECTION 3 -AWARD AND EXECUTION OF CONTRACT
3-1,01 GENERAL. The award of the contract, if awarded, will be to the lowest responsible bidder. The language refers to
not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the
proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if awarded, will be made within forty-five (45) days after the
o nin of the proposals unless extension is approved by the lowest responsible bidder. l~ g
3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety
insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds shall
giiararitee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred
percent (100%) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50%) of the contract
rice and shall guarantee payment to laborers, mechanics and material workers employed on the job under' the contract and P
shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code.
h never an sure or sureties on an such bonds required by law for the protection of the claims of laborers and material W e y ty y
men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in
writing may be made of the Contractor for .such further bond or bonds or additional surety, not exceeding that originally re aired, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall
q be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or
additional surety has been furnished.
3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with
the contract bonds. and required insurance documents,, within ten (10) days, not including Sundays, after the bidder has
received notice that the contract has been awarded. The Commercial General Liability and Workers' Compensation
insurance policies shall contain additional insured endorsements in favor of the City, its mayor, council, officers, agents,
em to ees and volunteers, as required in these specifications. No proposal shall be considered binding upon the City until PY
the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield,
California.
Failure to execute a contract, file acceptable bonds and submit acceptable insurance documents as provided herein within ten
(10) days, not including Sundays, after the bidder. has received notice that the contract has been awarded, shall be just cause
for the cancellation of the award and the forfeiture of the proposal guaranty.
3-1.0~ RETURN OF BIDDER'S GUARANTEES. ~1Vithin ten (10) days after the award of the contract, the City of
Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All other
proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
12
SECTION 4- BEGINNING OF WORK. TIME OF COMPLETION
AND LIQUIDATED DAMAGES
Attention is directed to the provisions of Section 8-1.03, "Beginning of Work," Section 8-1.06, "Time 4101 GENERAL •
' d Section 8-1.07, "Li uidated Damages," of the Standard Specifications, and is specifically hereby ma e a of Completion, an q
part of these special provisions.
' ' nnin of Work " of the Standard Specifications, is amended to read:
The first paragraph of Section 8-1.03, Begi g ,
' f this ro'ect must be completed by a specified date as stated in Section 7-1.01, "Order of Work", Certain elements o p
of these special provisions.
for shall be ' n work within fifteen (15) days after receiving written notice to proceed. The Contractor The Contrac gi
shall dili entl rosecute the same to completion before the expiration of 40 working days. g yP
swill commence from the date the Contractor begins work or the 15~' calendar day from the Contract working day
date of the written notice to proceed, whichever comes first.
e Ci of Bakersfield the sum of 500 dollars per day for each and every calendar day's delay The Contractor shall pay to th ty „ 7-1.01 "Order of Work", of these special
in finishing the curbed median on S Street by the date specified in Section ve ntractor shall a to the City of Bakersfield the sum of 500 dollars per day for each and a ry
provisions. In addition, the Co P Y ' nishin the work in excess of the number of working days prescribed above. calendar day s delay in fi g
' to there uirements of above paragraph shall be considered as included in the prices paid Full compensation for conforming q
for the various items of work and no additional allowance will be made therefor.
'sh the En ineer with a statement from the vendor that the order for the electrical materials The Contractor shall funu g
• s been received and accepted by said vendor, and said statement shall be furnished within fifteen .required for this contract ha e date of the contract. Said statement shall show the date or dates the electrical materials will be
(15) calendar days from th shipped.
' the traffic si nal and li kiting system portion of the project without prior written approval of the No work -shall begin on S g ' orients necessa for o eration of the signal system are on hand. The Contractor will be granted an
Engineer until all comp rY p ' will not be assessed with liquidated damages or the cost of engineering and inspection for any portion extension of time and
' the work caused b manufacturing time should approval be given to begin prior to delivery of of the delay in completion of y da s between the date as determned
all si nal system components. The number of days extended shall be the working y g.
S ecial Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. according to p
orients the Contractor shall notify the Engineer in writing and the Engineer will order start of Upon receipt of all comp ,
work in writing.
13
SECTION 5 -GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Section 1-1.40, "State Contract Act,'' and Section 9-1.10,
"Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State
Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract
shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event
that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they
may do so upon written agreement).
5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount often-thousand
dollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds twenty-five
percent (25%) of the original contract amount, must be authorized by the City Council.
5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Work," of the
Standard Specifications and these special provisions.
Section 5-1.02, "Plans and Working Drawings," of the Standard Specifications is amended by adding the following
paragraph after the fourth paragraph:
Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved
by the Engineer before any work involving. these plans shall be performed, unless approval is waived in writing by
the Engineer.
Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended by adding the following paragraph after the
first paragraph:
Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation
from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a
discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work.
The second paragraph in Section 5-1.07, "Lines and Grades," of the Standard Specifications is amended to read:
When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a
notice of less thantwenty-four (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 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
days work and forty hours labor shall be a weeks 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
14
employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined
by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and
available for inspection in the Public Works Department. The schedule is incorporated herein by this reference. The City
shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at
any time concerning the wages being paid. Contractor shall not interfere in any way with the City's nght to investigate conformance with the wage provisions of this contract.
` Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
V a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the
amount to which he is entitled under said general prevailing rate of wages; and
b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to
work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in
Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-I.OIA(3), "Payroll Records," of the Standard
Specifications is deleted and shall not apply to this contract.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the
Standard Specifications and these special provisions.
Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code
Sections 1.2900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to
implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the
special provisions.
5-1.07 APPRENTICES. The Contractor's attention is directed to Section 7-1.OlA(5), "Apprentices," of the Standard
Specifications. All Contractors .and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6,
and 1777.7 relating to the employment of apprentices.
If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall
submit one of the following:
a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO
EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS". This request shall be submitted to
the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and
each Subcontractor's letterhead or DAS 140, enclosed with these specifications.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations,
Division of Apprenticeship Standards.
c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for
apprentices.
One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents.
5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the
Contractor's responsibility shall be as follows:
15
If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000) for excavation of any trench or tenches five (5) feet or more in depth, the Contractor or his
Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing,
sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted
by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer.
If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division of
- Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that
required by the Construction Safety Orders of the Division of Industrial Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees.
The terms "Public Works," and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code
Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.011,
"Sound Control Requirements," of the Standard Specifications and these special provisions.
The noise level from the Contractor's operations, between the hours of 9:00 P.M, and b:00 A.M., shall not exceed eighty-six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying
with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall
be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and
give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental
organization which requires such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5.1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Monday t=g_h
Fri .Any deviations must be requested in writing and directed to the Engineer at the Pre-Job Conference. Written approval from the Engineer is required for work beyond these limits.
Any time work proceeds which requires inspection services for more than a nine and one-half (9.5) hour work day or on legal holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges maybe
withheld from contract retention. The above requirement is not applicable to work required in the special provisions and on
the plans to be performed by the Contractor on weekends.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and
National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those
engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and
of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
16
ONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has 1.13 C rtificates of insurance have been filed with and
obtained all insurance required under this section and the required ce
r ved b the Ci Risk Manager and the Public works Department, nor shall the Contractor allow any Subcontractor app o y ~ . n e have been filed and a roved by the City Risk commence work on his subcontract until said certificates of insura c pp ce
d the Public works De artment. Contractor shall be responsible for any deductibles under all required insuran Manager an P
policies.
_ EMNITY. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, agents and
51.13A IND ' an and all liabili ,claims, actions, causes of action or demands whatsoever against them, or any of employees against y of connected with, or caused by
them, before administrative or judicial tnbunals of any kind whatsoever, arising out ,
CONTRACTOR's em loyees, agents or independent contractors or companies in the performance of, or in CONTRACTOR, P
' from the terms and rovisions of this Agreement whether or not caused in part by a party indemnified any way. arising P
hereunder, except as limited by California Civil Code ~ 2782.
_ N E. In addition to an other insurance or bond required under this Agreement, the CONTRACTOR S 1.13B INSURA C y «
n maintain for the duration of this Agreement the following types and limits of insurance (basic insurance shall procure a d
requirements")herein:
A mil li ili in n ,providing coverage on an occurrence basis for bodily injury, including 1. uto o e a
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:
a. Provide coverage for owned, non-owned and hired autos.
b. Provide contractual liability coverage for the terms of this Agreement.
f rm mm r i 1 n r 1 li ili ins ,providing coverage on an occurrence basis for bodily 2. Broad o co e c a e a ' ' includin death of one or more persons, property damage and personal injury, with limits of not injury, g ,
less than one million dollars ($1,000,000) per occurrence; and the policy shall:
a. Provide contractual liability coverage for the terms of this Agreement.
b. Contain an additional insured endorsement in favor of the City, its mayor, council, officers,
agents, employees and volunteers.
rk r ' m n ' n in r n with statutory limits and employer's liability insurance with limits of not 3.
less than one million dollars ($1,000,000) per accident; and the policy shall contain a waiver of
subro ation endorsement in favor of the City, its mayor, council, officers, agents, employees and g
volunteers.
All olicies re wired of the CONTRACTOR shall be primary insurance as to the City, its mayor, council, officers, agents, p q
m to ees or volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, epy ,
1 ees and volunteers shall be in excess of the CONTRACTOR's insurance and shall not contribute with it. emp oy ,
e laced with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or Insurance is to b p
unts or lack of certain es of insurance .otherwise required by this Agreement, or insurance rated insurance in lesser amo ~
Bests' A:VII must be declared prior to execution of this Agreement and approved by the City in writing. . , below ,
' ' in an endorsement roviding the City with thirty (30) days written notice of cancellation or material All policies shall conta p
17
F E,
s F
than a in licy language or terms. All policies shall provide that there shall be continuing liability thereon, g ~
notwithstanding any recovery on any policy.
The insurance re uired hereunder shall be maintained until all work required to be performed by this Agreement is q
satisfactorily completed as evidenced by written acceptance by the City.
ntractor shall furnish the Ci Risk Manager with a certificate of insurance and required endorsements evidencing the The Co tY
' re uired under the A reement. This certificate with the required endorsements must be returned with the executed insurance q g
ontract as s ecified in Section 3-1.04, "Execution of Contract", of these special provisions. The City may withhold c p
a ents hereunder if certificates of insurance and endorsements required in the Agreement are not maintained. p ym
Unless otherwise a roved by the City, if any part of the work under this Agreement is subcontracted, the "basic insurance Pp
re uirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the City has approved lesser q
insurance requirements for Contractor.
NTRACTOR'S AUTHORITY. At the preconstniction meeting, the Contractor shall provide the City with the S 1.14 CO
foreman's or superintendent's name who will be in charge of this project.
_ RK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located S 1.15 WO
' ublic streets in the Ci of Bakersfield shall be done in accordance with City Ordinances regulating the use of public in the p tY
streets within the City, except as otherwise provided herein.
Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of The
Streets of the City of Bakersfield and shall conduct his operations incompliance therewith.
5-1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor make his own arran ements, and pay all expenses for additional area required by him outside of the limits of right of shall g
way unless otherwise provided in the special provisions.
5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contract has violated any rms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other to
ct to rosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice respe p
thereof in wrttin will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance g
with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case
the ower to sus end the o eration of .the contract. Upon receiving notice of such suspension, the Contractor shall shall have p p p
' 'n a said work or such arts of it as the City Council may designate. Upon such suspension, the Contractor's control disconti u p rminate and thereu on the City Council, or its duly authorized representative, may employ other parties to carry the
shall to p ct to com letion em to the necessary workmen, substitute other machinery or materials, and purchase the materials contra p p Y
contracted for, in such a manner as the Engineer may deem proper; or the City Council may annul and cancel the contract
nd re•let the work or an art thereof. Any excess of cost arising therefrom over and above the contract pace will be a yp
a ainst the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due charged g
Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the
ctor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited the contra with the amount of move so forfeited toward any excess of cost over and above the contract price, arising from the y
nsion of the o erations of the contract and the completion of the work by the City as above provided, and the Contractor suspe p
' credited with an su lus remaining after all just claims for such completion as determined by the Engineer have will be so y ~
been paid.
etermination of the uestion whether there has been any such non-compliance with the contract as to warrant the In the d q
sus ension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. p
18
a
5-1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or
in art, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered p 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 maybe 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.
y 5-1.19 PAYMENTS. Attention is directed to Section 9-1.06, "Partial Payments," and Section 9-1.07, "Payment After
Acceptance," of the Standard Specifications and these special provisions.
No artial payment will be made for any materials on hand which are furnished but not incorporated in the work. P
5-1.20 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment
and Claims," of the Standard Specifications, the following shall apply;
The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for
payment, to such extent as maybe necessary to protect the City from loss due to causes including but not limited to the
following:
a. Defective work not remedied;
b. Claims filed or information reasonably indicating probable filing of claims;
c. Failure of Contractor to make payment due for materials andlor labor;
d. Information causing reasonable doubt that the contract can be completed for any unpaid balance;
e. Damages to another Contractor; and
f. Breach of any terms of this contract.
When any and all such causes are removed, certificates shall be issued for amount withheld.
The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read:
The Director will make the final determination of any claims which remain in dispute after completion of claim
review. A board or person designated by said Director will review such claims and make written recommendation thereon.
The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder,
and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the. contract. All prior partial
estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due
and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the
County Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when applicable.
It is mutually agreed between the parties to th.e contract that no certificate given or payments made under the contract except
the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part,
against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work
or improper materials.
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
19
l
R_
from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.21 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, "PAYN~NT".
Fourth paragraph of Section 24-1.11, "PAYN~NT".
Eleventh paragraph of Section 39-8.02, "PAYN~NT".
5-1.22 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's well-
being and their education of handling hazardous materials when hazardous materials are encountered during this project.
5-1.23 HIGHWAY CONSTRUCTION EQUIPMENT. Attention is directed to Section 7-1.O1D, "Vehicle Code," and
Section.?-1.02, "Weight Limitations," of the Standard Specifications and these special provisions.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such
areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the
requirements set forth in Divisions 11,12,13,14 and 15 of the Vehicle Code. Attention is directed to the statement in
Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall
take all necessaryprecautionsfnr safe operation of his equipment and the protection of the public from injury and damage from such equipment.
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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.
6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the
Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard
Specifications and these special provisions. All provisions for water pollution and sound control that apply within the limits
of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection
of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or
other pollution which is no greater than when in their original condition.
If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or
from the appropriate pollution control boards and such permits contain requirements. which conflict with the requirements. in
the first and .second paragraphs of this section, the requirements of the permits .shall govern over the conflicting requirements
of this section provided the permit requirements have been approved by the Engineer.
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be
considered as included in the contract prices paid for the items of work which require the use of the sites and no additional
compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the
Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if
accompanied by a Certificate of Compliance.
4
21
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.
The curbed median island to be located on the south leg of "S" Street shall be completed by the date of March 1st, 1999.
Attention is directed to Section 4, of these special provisions for liquidated damages related to completion of this portion of c
the project.
All striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. Pavement
delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary
delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide
aced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be ~ is instructions. Tem or delineation shall be the same color as the permanent
applied in accordance with the manufacture p ~'Y
delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor.
When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material
with an observation hole (max. l" dia.) in front of each signal indication. The covers shall remain in place until all signal
operations have been checked and signal is placed into operation.
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.
All work for the Tree Removal item shall be scheduled to occur only during a weekend occurring within the contract
working days allowed.
7-1.02 RELATIONS WITH THE U.S. POSTAL SERVICE.
The Contractor shall notify the U. S. Postal Service at least one week in advance prior to any construction on the southeast
corner of the intersection of T~ Avenue and "S" Street requiring the relocation and resetting of the existing U.S.
mailbox. The Contractor shall contact the local U.S. Postal Service Maintenance Department and request relocation of the
Mail Box at the following phone number (805) 861-4382.
PAYMENT. Full compensation for confo~r►ing to the requirements of this section shall be considered as included in the
prices paid for the various items of work and no additional allowance will be made therefor.
7-1.03 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- l . l Z, "Responsibility for Damage," of the Standard
S ecifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference P
with service resulting from conducting his operations. The exact location of underground facilities and improvements within
the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or
interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a
manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces.
An dela to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will Y Y 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 Ci Parks Division at 326-3117 for the purpose of ascertaining the locations and current operational status of all
landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be
22
i n.
responsible for repairing and reconnecting severed or damaged lines and/or wiring and replacement of damaged plant
material at this own cost. Interruption of irrigation operations due to damage by the Contractor, or in modification work the
Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation
interruption.
Existing land subdivision mon~unents and stakes shall be fully protected from damage or displacement and they shall not be
distuubed unless directed by the Engineer.
Attention is directed to the fact that nuisance water maybe present at all times along the project. It will be the responsibility
of the Contractor to provide for handling of said water and any expense involved shall be 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.
7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning
and safety ..devices when performing work which interferes with or endangers the safe movement of traffic on any street or
highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current
"Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways", published
by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by
the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the
work and shall notify them immediately of any streets impassable for fire fighting equipment.
The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience", of the Standard Specifications, shall be
amended to read as follows:
Lane closures shall be allowed only between the hours indicated below, Monday through Friday, except legal holidays.
Street Direction of Travel Hours
TRUXTUN AVENUE Both 8:30 A.M. - 4:30 P.M.
S STREET Both 7:00 A.M. - 4:30 P.M.
T STREET Both 7:00 A.M. - 4:30 P.M.
Where construction operations ~r actively in progress, a minimum of one traffic lane for each direction of travel shall be open for use by public traffic. Such lanes shall not be less than twelve (12) feet in width.
Where construction operations are n~ actively in progress the number of lanes specified by the table below shall be open for use by public traffic. Such lanes shall not be less than twelve (12) feet in width.
Number of Lanes in Each Direction Required Number of Open Lanes in
on Roadbed Prior to Start of Construction Each Direction
1 1
2 2
3 or more 2
Public traffic maybe permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be
allowed for any shaping of shoulders necessary for the accommodation of public traffic thereon during paving
operations.
In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the
Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary
railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where
directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing
the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road
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Construction Ahead", No. C•18, and "End Construction", No. C-13, shall be furnished, installed and maintained by the
Contractor at locations as directed by the Engineer at least forty-eight (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 unit prices paid for various items of work and no additional compensation will be allowed therefor.
t
7-1.05 EXISTING HIGHWAY FACILTfIES. The work performed in connection with various existing facilities shall conform
to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions.
Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be
relocated and maintained during construction so as to convey the same intent that existed prior to construction.
Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to
completion of construction. ~ Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue.
PAYMENT. Full compensation for conforming to the requirements of this section shall be considered as included in the prices
paid for the various items of work and no additional allowance will be made therefor.
7-1.06 SAWCUT ASPHALT CONCRETE PAVEMENT. Where new asphalt concrete is to conform to existing asphalt
concrete, the existing asphalt concrete shall be saw cut 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 saw cut pavement. Any damage
to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations.
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.
7-1.07 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15, "Existing Highway
Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-Made Objects," of the Standard
Specifications and these special provisions.
Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the
Highway Right of Way," of the Standard Specifications.
PAYMENT. Full compensation for conforming to the requirements of this section shall be considered as included in the prices
paid for various items of work and no additional allowance will be made therefor.
7-1.08 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 fi~llest 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
24
Section 37, "Bituminous Seals", of the Standard Specifications and the following:
In traffic stri removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to irregular and Pe
varying widths with an average width of two (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 Remove Traffic Stripes and Pavement Marking and no additional compensation
will be allowed therefor.
Nothin in these special provisions shall relieve the Contractor from his responsibilities asprovided in Section 7-1.09, "Public g
Safety", of the Standard Specifications.
MEASUREMENT AND PAYMENT. Quantities of traffic stripes removed will be determined by the width of the stripe plus
0.67 foot multi lied by the length of the stripe. The space between double traffic stripes will be measured as painted traffic stripe. P
tides of avement markings removed will be determined by the actual size of the rectangle measured in square feet. Q~ P
Removin of traffic stri es will be paid for at the contract unit price per square foot for the actual area of authorized stripe g P
removal.
The contract unit rice r square foot for Remove Traffic Stripes and Pavement Marring shall include full compensation P Pe
for fumishin all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing striping and g
pavement marking as shown on the plans and as directed by the Engineer.
7-1.09 REMOVE ROADSIDE SIGNS. Existing roadside signs, at locations shown on the plans to be removed, shall be
removed and dis osed of. Sign panels, as shown on the plans, shall be salvaged and delivered to the corporation yard. P
MEASUREMENT AND PAYMENT. Full compensation for salvaging sign panels, removing posts and backfilling post
foundation o erring with similar material to grade shall be considered as included in the contract unit price paid for Remove P
Roadside Sign and no separate payment will be made therefor.
7-1.10 RELOCATE ROADSIDE SIGNS. Existing roadside signs shall be removed and relocated in accordance with the
a ro riate rovisions in Section 15, "Earistiiig Facilities", of the Standard Specifications, the plans and these special provisions. PP P P
where existin Srs are not reusable they shall be replaced with like kind materials in accordance with Section 56-2, "Roadside
• g Po Si , of the Standard Specifications. Replacement for metal posts shall conform to City of Bakersfield Standard T-19.
N1[EASUREMENT AND PAYMENT. Quantities of Relocate Roadside Signs shall be measured and paid for at the contract
unit price each.
7-1.11 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.
Clearin and ing shall be limited to those areas actually affected by the planned construction as directed by the Engineer. g
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.
7-1.12 TREE REMOVAL. Existing trees, where shown on the plans, to be removed, shall be removed in accordance with the
appropriate provisions of Section 16, "Clearing and Grubbing", the plans and these special provisions.
i ted shall be removed with stumps removed to a minimum of two feet below finish pavement grade. All organic Trees so des gna .
material shall be removed and disposed of.
MEASUREMENT AND PAYMENT. Quantities of tree removal shall be measured and paid for at the contract unit price for
Remove Tree each.
25
7-1.13 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:
1. Water shall be a plied to all unpaved areas as required to prevent the surface from becoming dry P
enough to permit dust formation.
2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
Te nsion 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 prices
paid for the various contract items of work and no additional compensation will be allowed therefor.
7-1.14 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 vcnth 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 antici ted that there will be 215 cubic yards of surplus material which shall become the property of the Contractor and shall Pa
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.
en halt concrete is to be laud on the grading plane, the grading plane at any point shall not vary by more than 0.05 foot Wh asp p
above or below the grade established by the Engineer.
Section 19-3.Ob2, "Slurry Cement Bacldll", cf 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 21b or 231, 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 Z 17 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.
NJ[EASUREMENT. Imported borrow will be measured by the cubic yard and the quantity to be paid for will be computed in
the following manner:
e total uantit of embankment will be computed by the method specified for roadway excavation in Section 19-2.08, Th q Y oss-section for embankment-as
Me~~surement , of the Standard Specifications on the basis of the planned or the authorized cr
26
shown on the plans and the measured ground surface.
The quantities of suitable roadway excavation, structure excavation, and ditch excavation, shall be used in the embankment,
and will be adjusted by.multiplying by a specified grading factor of 0.85. No further adjustment will be made in the event that
the specified grading factor does not equal the actual grading factor. Concrete bituminous surfacing, turf, organic or other
deleterious material will not be considered suitable for embankment.
'The final pay quantity of imported borrow shown on the plans was determined by deducting the adjusted quantities of excavation
from the total embankment quantity and then adding a quantity of approximately cubic yards for the anticipated effect of - subsidence and shrinkage due to compaction.
No adjustment will be made in the event that the anticipated subsidence and shrinkage does not equal the actual subsidence and J shrinkage.
PAYMENT. The estimated quantity of Roadway Excavation and Imported Borrow shall be a final pay quantity in
conformance with Section 9-1.015, "FINAL PAY QUANTITIES", of the Standard Specifications.
7-1.15 OUS WASTE IN EXCAVATION. If the Contractor encounters material in excavation which he has reason
to believe ma be hazardous waste, as defined by Section 25117 of the "Health and Safety Code", he shall immediately so notify Y
the En ineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the g
En ' eer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 8-1.07, "Liquidated Damages", of the Standard Specifications.
If such nsion delays the current controlling operation more than two (2) working days, the delay will be considered a right of wa dela and the Contractor will be compensated for such delay as provided in Section 8-1.09, "Right of Way Delays", of
y Y the Standard Specifications.
The D ent receives the right to use other forces for exploratory work to identify and determine the extent of such material
and for removing hazardous material from such area.
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.
7-1.16 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway",
of the Standard Specifications and these special provisions.
In addition to the conditions, provisions and requirements of Section 22-1.01, "Description", of the Standard Specifications, the
following shall apply:
The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's
operations.
The Contractor ma use any method, approved by the Engineer, that does not create a dust problem to remove the excess
y andlor objectionable material from the affected areas. However, in residential areas, when a broom is used, a
self-contained, pick-up type, power broom with water distribution system shall be used.
PAYMENT. The first paragraph in Section 22-1.03, "Payment", of the Standard Specifications, is amended to read:
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage roads, road
approaches, and channelized intersections, whether inside or outside the highway nght of way, and all other areas,
whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on
the plans, and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer,
shall be considered as included in various items of work and no additional compensation will be made therefor.
7-1.17 AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform to the provisions in Section 2b, "Aggregate
Bases", of the Standard Specifications and these special provisions.
r ate base shall be com acted to nine -five percent (95%) relative compaction. Compaction will be determined by the Agg eg p tY
27
followin test methods: California No. 216, California No. 231, or ASTM (current edition) D 1557 and one of the following g
D2922 or D 1556.
MEASUREMENT AND PAYMENT. Aggregate Base (Class 2) shall be measured and paid for in conformance with Section
26, "Aggregate Bases", of the Standard Specifications.
7-1.18 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.
As halt concrete shall be produced from commercial quality asphalt and aggregates. The spreading and compacting
p menu in Section 39-6.02, "Spreading", and Section 39-6.03, "Compacting", of the Standard Specifications will not apply.
The asphalt concrete shall conform to the following requirements:
a. Asphalt concrete shall be produced at a central mixing plant.
b. A re ate shall conform to the one-half (112) inch maximum medium grading specified in Section gg g 3 9-2.02, "Aggregate", of the Standard Specifications.
c. The amount of asphalt binder to be mixed with the aggregate shall be between five percent (5%) and six
and one-half ercent (6.5%) by weight of the dry aggregate as determined by the Engineer. The fourth p throu the seventh paragraphs in Section 3 9-3.03, "Proportioning", of the Standard Specifications shall 8'~
not apply.
d. As halt concrete shall be spread with aself-propelled spreader ready for compaction without further p
shaping.
e. Compaction shall be performed with a tandem roller weighing not less than eight (8) tons.
f. The finished surface shall meet the straightedge requirements of Section 39-6.03, "Compacting", of the Standard Specifications.
Where new asphalt concrete pavement is to conform to existing paved surfaces, the existing pavement shall be saw cut.
PAYMENT. The uanti of Asphalt Concrete (Type B) to be paid for will be that quantity computed by using the dimensions q
e actual area surfaced multi lied by the thickness specified on the plans for that area and by a weight of one. hundred and of th P
forty-five (145) pounds per cubic foot, or the actual quantity placed, whichever is the lesser.
conform to the rovisions in Section 56-2, "Roadside Signs," of the Standard 7-1.19 ROADSIDE SIGNS. Roadside signs shall p
Specifications and these special provisions.
Mi 11 r i i shall conform to City Standard T-19. Where sign posts are placed within concrete sidewalk the
sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of t e
lama ed area is sawcut to the limits required to form a neat finish as directed by the Engineer. Signs shall be installed as shown g on the Tans. Si anels shall be mounted on posts with Hawkins M2G series bolt and vandal proof nut assembly or equal.
P 8n p Roadside si installed r Std. T-19 shall be located within sidewalk six (6) inches from back. Signs mounted on signal or other ~ ~
poles shall be attached with stainless steel strap and vandal proof bolt and nut assembly.
ruin n R i sign panels shall be mounted on posts with Hawkins M2G series bolt and vandal proff nut
mbl or ual. Roadside signs installed per City of Bakersfield Standard T-19 shall be located within sidewalk six (6) inches rise Y ~l
from back. Si s mounted on signal or other poles shall be attached with stainless steel strap and vandal proof bolt and nut
assembly.
T AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for Install MEASUREMEN
Roadside Sign (GSP Post) or Install Roadside Sign (Strap and Saddle Bracket Method)
'on of one or more si anels mounted on a single post (GSP Post) or signal pole (Strap and Saddle Bracket Method) Installati ~ P
Y shall be counted as (l)one Roadside Sign (GSP Post) or one (1) Roadside Sign (Strap and Saddle Bracket Method).
28
7-1.20 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 polemast-arms shall be furnished and installed by the Contractor in accordance with the plans
and these special provisions. Compensation for overhead signs shall be considered included in the respective contract lump sum
price or prices for Traffic Signal and Lighting System.
7-1.21 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, median curbs, sidewalks,
wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in
Section 73, "Concrete Curbs and Sidewalk", of the Standard Specifications and these special provisions. Concrete curbs, median
curbs, curb and gutter maybe constructed by the fixed form method or by extrusion or slip forming. However, it is required to use equipment which is controlled automatically for alignment, grade, and cross slope by sensing from preset string lines for
construction using the extrusion or slip form methods.
MEASUREMENT AND PAYMENT. Quantities of Minor Concrete (Curb and Gutter) shall be paid for at the contract price per linear foot, measurement of which shall be the actual lengths in the field, including breakdowns for wheelchair ramps, drive
approaches and driveways.
Quantities of Minor Concrete used in wheelchair ramp construction shall be considered as minor concrete (sidewalk) and paid
for at the contract price per square foot of Minor Concrete (Sidewalk).
Quantities of Minor Concrete (Median Curb, Type "M"), shall be paid for at the contract price per linear foot. Construction
of monolithic concrete nose at end of median island shall be considered as included in the price paid per linear foot of Minor
Concrete (Median Curb) and no additional compensation will be allowed therefor.
Quantities of Minor Concrete (Median Curb, "M-2" Modified), shall be paid for at the contract price per linear foot.
The above prices and payments shall include full compensation for furnishing all labor, materials (including adhesive, or
reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment and incidentals, and for doing all the
work involved in construccting curb, gutter depressions, sidewalks, wheelchair ramps, cross drains, dnve approaches, driveways,
and .median curbs complete in place, including -but not limited to, sawcutting, excavation, compaction, concrete removal,
pavement removal and driveway tie-in, as shown on the plans, as specified in the Standard Specifications and these special
provisions, and as directed by the Engineer.
7-1.22 MINOR CONCRETE ('TEXTURED PAVING). Minor Concrete (Textured Paving) shall conform to the provisions
in Section 51, "Concrete Structures", Section 52, "Reinforcement", Section 73, "Concrete Curbs and Sidewalks", and Section
90-10, "Minor Concrete", of the Standard Specifications and these special provisions.
Aggregate for Minor Concrete (Textured Paving) shall conform to the grading specified for fine aggregate in Section 90-3.03,
"Fine Aggregate Grading", of the Standard Specification.
Pattern and color of concrete shall be consistent with and equal to existing Textured Paving in medians along Truxtun Avenue.
The respective pattern types and colors of concrete for textured paving shall be placed at the locations shown on the plans, struck
off and compacted until a layer of mortar is brought to the surface. The concrete shall be screeded to the required grade and cross
section and floated to uniform surface.
Floor color hardener shall be applied to the plastic surface of the concrete by the "dry-shake" method using a minimum of sixty
(60) pounds of hardener per one-hundred (100) square feet. ,Hardener shall be applied in two (2) applications, shall be wood-
. floated after each application, and shall be trawled only after the final floating. The resultant color of the floor hardener shall
closely conform to the colors specified on the plans for the respective areas. The forming tools for the textured paving shall be applied to form the patterned surfaces while the concrete is still in the plastic stage of set.
Textured paving areas shall be cured by he curing compound method as provided in Section 90-7.O1B, "Curing Compound
Method", except the curing compound shall be the clear or translucent type conforming to the requirements of AASHTO
Designation: M 148, Type 1-D, except that the loss of water in the water retention test shall not exceed 0.040-gram per square
centimeter of surface. The curing compound shall be applied at the rate of one (1) gallon per one-hundred and fifty (150) square
feet of area.
Colorwax curing and finishing compound shall be applied to the textured paving. Colorwax shall conform to the respective color
of the floor hardener specified and shall be thinned in the proportion of four (4) parts colorwax to three (3) parts of mineral spirits
29
(paint thinner). The mixture shall be applied uniformly with aroller or amotor-driven power sprayer at a rate of between six-
hundred (600) to six-hundred and fifty (650) square feet per gallon of unthinned colorwax. The colored waxed surface shall be polished using a find brush which will remove residual dust from the surface.
Curing seal, colorwax and other deleterious substances shall be. removed from the impressions in the textured areas, to receive said grout, before the grout is placed. Such cleaning and removal methods shall not stain or discolor those portions of the
textured paving to remain exposed after grouting. Methods of cleaning said impressions in textured areas to be grouted shall
be approved by the Engineer.
The subgrade beneath surfacing for median islands shall be chemically treated for weed control. The chemical applied shall be
2, 6-dichlorobenzonitrile and shall be applied in accordance with the manufacturer's recommendations and these special
provisions. The rate of application shall be four (4) ounces of active chemical per one-hundred (100) square yards. Asphalt
concrete shall be placed over the treated subgrade within two (2) hours of chemical application when air temperature is higher
than 50°F. At air temperatures lower than 50°F., asphalt concrete shall be placed on treated subgrade within ten (10) hours of
chemical application. Should "wettable powder" type chemical be used, a suitable fugitive dye shall be incorporated in the mixture so that coverage and spread rate may be verified.
PAYMENT. Full compensation for Minor Concrete (Textured Paving), including chemically treating soil as specified in this
section shall include full compensation for furnishing all labor, materials (including welded wire fabric, where required), tools, equipment, and incidentals, and for doing all the work involved in constructing textured paving, including grouted areas,
complete in place, as shown on the plans, as .specified in the Standard Specifications and these special provisions, and as directed
by the Engineer and shall be considered as included in the contract price paid per square foot for Minor Concrete (Textured
Paving) and no additional compensation will be allowed therefor.
7-1.23 TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic Stripes and Pavement markings shall be thermoplastic
unless otherwise shown on the plans and shall conform. to Secction 84-2, "Thermoplastic Traffic Stripes and Pavement Markings,"
of the Standard Specifications, and these special provisions.
The first sentence of Section 84-2.01 "Materials" shall be revised to read:
The thermoplastic materials shall conform to State Specification 8010-21C-19.
MEASUREMENT. Traffic Stripes will be measured by the lineal foot of Traffic Stripe Detail specified. Striping details are referenced in the bid items, on the plans and on the Standard Plans.
7-1.24 PAVEMENT MARKERS. Pavement Markers shall conform to Section 85, "Pavement Markers", of the Standard
Specifications and these special provisions.
New markers shall be placed in accordance with the State Traffic Manual "Markings" Section per the following details as they
apply to the project plans:
Detail 9
Detail 22
Detail 3 8
Existing markers within the project limits shall be removed and disposed of as directed by the Engineer.
Existing markers not directed for removal, but damaged or removed by the Contractor, are not included in this section. Any
markers removed or damaged by the Contractor without direction from the Engineer shall be replaced in kind at no expense to
the City.
Pavement markers for striping details shall be wed when directed by the Engineer after the traffic stripes have been applied.
The traffic stripes shall be used by the Contractor as the control line for the installation of the markers. All additional work
necessary to establish satisfactory lines for markers shall be performed by the Contractor at no expense to the City.
Epoxy adhesive shall be used and shall conform to Section 95, "Epoxy", of the Standard Specifications and these special
provisions. The Contractor shall use either Rapid Set Epoxy Adhesive for Pavement Markers (State Specification 8040-51B-07)
or Standard Set Epoxy Adhesive for Pavement Markers (State Specification 8040-51B-09).
Pavement markers shall have a Methyl Methacrylate housing, and they shall be 4"x4"x0.75" in size. Low profile pavement
makers shall not be allowed. Markers shall be installed after lane lines have been striped.
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MEASUREMENT AND PAYMENT. The estimated quantity of two-way "Type D" (blue) Fire Hydrant Pavement Markers
shall be a final uantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES", of the Standard Specifications. Pay q
Pavement markers for striping details shall be included in the contract price paid foot for the various striping details and no
additional compensation will be made therefor.
- 25 MODIFY IRRIGATION SYSTEM. The work performed in connection with modify existing irrigation system shall 71.
rm to the rovisions in Section 20, "Erosion Control and Highway Planting", and Section 15, "Existing Highway Facilities", confo p
of the Standard Specifications, the plans and these special provisions.
ere lama a to existiii irri lion facilities is caused by the Contractor's operations, the Contractor shall, at his expense, repair wh g g ~
r lace lama ed facilities romptly. Should the Contractor fail to perform the required repairs or replacements, the cost of o rep g P
rformin such repairs or replacements will be deducted from any moneys due or to become due the Contractor. pe . g
The Ci shall 1 two 36"boxed trees as specified on the plans and the Contractor shall plant said trees under the supervision lY APP Y
of the City's Recreation and Parks Departiner~t.
PAYMENT. The contract lum sum price paid for Modify Irrigation System shall include full compensation for furnishing P
all labor materials tools, a ui ment and incidentals, and for doing all work involved in removing sections, modifying the qP
xistiiiirri tion ~ e ca in and extending and the existing irrigation system, complete in place, including excavation and e g ga syst m, PP g backfill testin and checkin the irrigation system, as shown on the plans, as specified in the Standard Specifications and these
g g special provisions and as directed by the Engineer.
tin of two Ci furnished 36" boxed trees as specified on the plans shall be included in the contract lump sum price paid The P~ g ~ 1 therefor.
for Modify Irrigation System and no additional compensation will be a1 owed
n of 1-3" PVC irri tion conduit crossing the south half of "S" Street to be provided for a future irrigation system The installatio ga
1 be included in the contract lump sum price paid for Modify Irrigation System and no additional compensation will be steal
allowed therefor.
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SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING
7-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard
Specifications and these special provisions.
The City shall furnish the anchor bolts, nuts and washers to be used for new foundations.
When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03, "Foundations", shall be
_ amended to read:
When foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed to a depth of not
less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be backfilled with material
equivalent to the surrounding material.
7-2.02 STANDARDS, STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall conform to the
provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard Specifications and these special
provisions.
The City shall furnish the standards, and 1 A poles for the traffic signal and lighting system.
A pull rope shall be installed in all mast arm poles with luminaires from the hand hole at the base of the pole up through the
luminaire arm to the luminaire. The pull rope shall be nylon or polypropylene with a nun~mum tensile strength of S00
pounds. At least 2 feet of pull rope shall be doubled back into the pole or arm at each termination.
7-2.03 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications
and these special provisions.
Conduits maybe installed by either jacking/drilling or open trench methods except where a specific method is required on
the plans. "Trenching in Pavement Method" for installation of conduit in pavement, except in paved medians, shall conform
to the following specifications:
1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench
not to exceed 6 inches in width. Trench shall be cut using a rock saw.and all loose uncompacted
material shall be removed from the bottom of the trench prior to placement of conduit. The trench
shall have a minimum depth of 18 inches below finished grade.
2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a one
(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 3 9-4.02, "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 except for the top 0.20 foot, by the end of each
workday. The top 0.20 foot shall be placed within three (3) working days after trenching. Temporary
roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as
the permanent asphalt surface is placed.
7-2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard
Specifications and these special provisions.
Pull boxes for interconnection system shall require extentions with knockouts as shown on plans.
7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions.
CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service
32
switch and controller cabinet, lighting. Camera detection and Internally Illuminated Street Name Sign power.
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."
The optical detector cable (3-M Opticom Mode1138 or equal) shall have four conductors of AWG #ZO (7X28) stranded
individually tinned drain wire to provide signal integrity and transient protection. The individually tinned copper, color-
. coded insulation shall be as follows
a. Orange for delivery of optical detector power
b. Negative return wire for optical detector power
c. Yellow for optical detector signal # 1
d. Blue for optical detector signal #2
The Contractor shall arrange for a qualified Opticom technician to be present at signal turn on.
7-2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "Service", of the Standard Specifications and
these special provisions.
Unless otherwise noted, service pedestal shall be Type IIIBF, per Caltrans Standard Plan ES-2E, with window for
hotoelectric unit, and shall be furnished with 70 amp, 240 volt, 3 pole main breaker and the following branch circuit P breakers:
NQ Ames p~ ~ Br~nh Mtr
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.
7-2.07 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and
these special provisions.
The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing.
FUNCTIONAL TESTING. All functional testing shall conform to the provisions is. Section 86 2.14C "Functional Testing," of the Standard Specifications and the following paragraph:
Functional test period is included in the number of working days to complete the project as described in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of
these special provisions.
7-2.08 CONTROLLERS, CABINETS AND 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".
Optical detectors and phase selectors for the Opticom System will be supplied by the City.
33
b
7-2.09 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the
laps, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02, P ' "B lates" and 86-4.06 "Si nal Mounting Assemblies," of the Standard Specifications
Directional Louvers, . 86-4.03, ackp g and these special provisions.
Housing, visors, directional louvers and backplates shall not be structural plastic.
All lamps for traffic signal units shall be furnished by the Contractor.
All signal faces shall be provided with 12-inch sections.
The fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications,
shall be amended to read as follows:
Post to slip•fitters and terminal compartments shall be cast bronze orhot-dip galvanized ductile iron. P
7-2.09A LIGHT EMITTING DIODE SIGNAL MODULES.
- i DEFINITION. For all traffic signals faces on this project, the 300 mm red sections, the 200 mm red sections and 7 Z.09A.
the red arrow sections shall utilize light emitting diode signal modules.
li ht emittin diode ED) si al module shall consist of an assembly that utilizes light emitting diodes as the light Each g g (L ~
source in lieu of an incandescent lamp for use in traffic signal sections.
1 LED si al module shall be designed to be installed in the door frame of a standard traffic signal housing. The Each Type gr►
ket reflector reflector holder and lens used with an incandescent lamp shall not be used in a signal section in which lamp soc ,
a Type 1 LED signal module is installed.
Each T e 2 LED si al module shall be designed to mount in the standard lamp socket normally used with an incandescent YP ~
1 m . When a T e 2 LED si nal module i5 used, a standard traffic signal lens in -the door frame shall be used or, at the a p YP g o tion of the Contractor, the standard lens maybe replaced with a translucent red lens to seal the signal section from
P ther. The installation of a Type 2 LED signal module shall not require any modification to the standard lamp socket or wea
reflector.
- 2 GENERAL. LED si al modules used on this project shall be from the same manufacturer, and each size shall 7 2.09A. ~
be the same model.
T e 1 LED si al module shall be a sealed unit with two conductors for connecting to power, a printed circuit board, Each yp gn
er su 1 a red lens and asket, and shall be weather proof after installation and connection. The .circuit board and pow PP Y~ g
ower su 1 shall be contained inside the module. Circuit boards shall conform to Chapter 1, Section 6 of the P PP Y
"Transportation Electrical Equipment Specifications" .
modules shall be a sealed unit containing all components necessary for operation except, at the option of Type 2 LED signal
the Contractor, use of a corresponding lens mounted in the door frame will be allowed.
Conductors for T e 1 modules shall be 1-m in length, with quick disconnect terminals attached and shall conform to YP
Section 86-4.01 C, "Electrical Components," of the Standard Specifications.
e 1 module shall be irate al to the unit, shall be convex with a smooth outer surface and made of The lens of the Typ
'let stabilized lactic or of lass. The lens shall be capable of withstanding ultraviolet (direct sunlight) exposure for a ultravio p g
minimum period of 5 years without exhibiting evidence of deterioration. .
h T e 1 module and the lens used with a Type 2 module shall be sealed in the door frame with aone-piece EPDM T e yP ,
(ethylene propylene rubber) gasket.
T e 2 LED si al modules shall not require a specific mounting orientation or have a variance in light output, pattern or YP ~
visibility for any mounting orientation.
h 11 utilize Al1nGaP technolo and shall be the ultra bright type rated for 100,000 hours of continuous operation The LEDs s a gy
from -40°C to 74°C.
individual LEDs shall be wired such that a catastrophic failure of one LED will result in the loss of not more than The
5 percent of the signal module light output.
' in ividual LED in a stria. shall only result in the loss of that LED, not the entire string or indication. The failure of an d g
i al modules tested or submitted for testing shall be representative of typical average production units. Circular The LED s gn
34
modules shall be tested according to California Test No. 604. All optical testing shall be performed with the module mounted
in a standard traffic signal section but without a visor or hood attached to the signal section.
Maximum initial power requirements for LED signal modules shall be 25 watts for 300 mm red,15watts for 200 mm red
and 15 watts for 300 mm red arrow at 25 ° C.
LED signal modules shall be rated for a minimum useful life of 48 months and shall maintain not less than 85 percent of the
standard light output values found in the ITE publication ST-008B, "Vehicle Traffic Control Signal Heads" (VTCSH ST-
017), after 48 months of continuous use in a traffic signal operation over the temperature range of -40 ° C to +74 ° C.
In addition to the requirements for circular LED signal modules, arrow modules shall conform to the following:
The LED red arrow indication shall meet existing specifications stated in the VTCSH Section 9.01 for arrow
lenses. The LEDs shall be spread evenly across the illuminated portion of the arrow area. Each LED signal section
indication shall provide a minimum average luminous intensity of 5,500 candela/m2, as measured by the VTCSH.
All measurements shall be performed at rated operating voltage of 120 VAC.
7-2.09A.3 PHYSICAL AND MECHANICAL REQUIREMENTS. LED traffic signal modules shall be designed as
retrofit replacements for existing optical units of signal lamps and shall not require special tools for installation. LED signal
modules shall fit into existing traffic signal section housings built to the VTCSH without modification to the housing.
Installation of a LED signal module shall only require the removal of the optical unit components, i.e., lens, lamp module,
gaskets, and reflector; shall be weather tight and fit securely in the housing; and shall connect directly to electrical wiring.
LED SIGNAL MODULE LENS. The LED signal module shall be capable of replacing the optical unit. The lens maybe
tinted or may use transparent film or materials with similar characteristics toenhance ON/OFF contrasts. The use of tinting
or other materials to enhance ONIOFF contrasts shall not affect chromaticity and shall be uniform across the face of the lens.
If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to provide front surface abrasion
resistance.
ENVIRONMENTAL REQUIREMENTS. The LED signal module shall be rated for use in the operating temperature
range of -40° C (-40 °F) to +74°C (+165 °F}.
The LED signal module shall be protected against dust and moisture intrusion per the requirements of NEMA Standard 250-
1991 for Type 4 enclosures to protect all internal components.
The LED signal module lens shall be UV stabilized.
CONSTRUCTION. The LED signal module shall be a single, self-contained device, not requiring on-site assembly for
installation into an existing traffic signal housing. The power supply for the LED signal module shall be integral to the unit.
The assembly and manufacturing process for the LED signal assembly shall be designed to assure all internal components
are adequately supported to withstand mechanical shock and vibration from high winds and other sources.
MATERIALS. Material used for the lens and signal module construction shall conform to ASTM specifications for the
materials where applicable.
Enclosures containing either the power supply or electronic components of the signal module shall be made of UL94V0
flame retardant materials. The lens of the signal module is excluded from this requirement.
MODULE IDENTIFICATION. Each LED signal module shall have the manufacturers name, trademark, and other necessary identification permanently marked on the back of the module. Each individual LED signal module shall be
identified for warranty purposes.
The following operating characteristics shall be identified: rated voltage, power consumption, and volt-ampere.
Each Type 1 LED signal module shall have prominent and permanent vertical marking(s) for correct indexing and
orientation within a signal housing. The markings shall consist of an up arrow, or the word "UP" or "TOP".
35
7-2.09A.4 PHOTOMETRIC REQUIREMENTS. An LED traffic signal module shall meet at least 85 percent of the
minimum VTCSH intensity requirements while operating throughout the operating temperature range of -40 ° C to +74 ° C.
The minimum initial luminous intensity values for LED traffic signal modules shall be as defined in Section 11.04 of the
VTCSH standard at 25 ° C.
The measured chromaticity coordinates of LED signal modules shall conform to the chromaticity requirements of Section
8.04 and Figure 1 of the VTCSH standard.
7-Z.09A.5 ELECTRICAL. LED signal modules shall operate from a 60 HZ f3 HZ AC line over a voltage ranging from 80
volts to 135 volts. The LED circuitry shall prevent perceptible flicker over the voltage range specified above. The fluctuations
of line voltage shall have no visible effect on the luminous intensity of the indications. Rated voltage for all measurements
shall be 120 volts.
All wiring and terminal blocks shall meet the requirements of Section 13.02 of the VTCSH standard. Two secured, color
coded, 914 mm (36 in) long 600 V, 20 AWG minimum, jacketed wires, conforming to the National Electric Code, rated for
service at +105 ° C, are to be provided for electrical connection for each Type 1 LED signal module.
The signal module onboard circuitry shall include voltage surge protection to withstand high-repetition noise transients as
stated in Section 2.1.6 of NEMA Standard TS-2,1992.
LED signal modules shall be operationally compatible with currently used controller assemblies (solid state load switches,
flashers, and conflict monitors).
LED signal modules and associated on-board circuitry must meet Federal Communications Commission (FCC) Title 47,
Subpart B, Section 15 regulations concerning the emission of electronic noise.
The LED signal module shall provide a power factor of 0.90 or greater.
Total harmonic distortion (current and voltage) induced into an AC power line by a LED signal module shall not exceed 20
percent.
7-2.09A.6 CERTIFICATE OF COMPLIANCE. The Contractor shall provide the Engineer a Certificate of Compliance
from the manufacturer in accordance with the provisions of Section 6-1.07, "Certificates of Compliance," of the Standard
Specifications. The certificate shall certify that the LED signal modules comply with the requirements of these specifications.
Said certificate shall also certify the LED signal modules conform to the pre-qualified and testing approval of CalTrans and
was manufactured in accordance with. the ralTrans quality control program. The certificate shall also include a copy of all
applicable test reports on the LCD signal modules.
7-Z.09A.7 MAINTENANCE PERIOD AND REPLACEMENT MODULES. Five extra modules of each size and type
that are furnished for this project shall be delivered to the Engineer for use as replacements for modules that may fail during
the one year maintenance period. When the maintenance period has, expired, the LED signal modules being held for use as replacements will be released to the Contractor at the address noted below. Three spare modules of each size and type used
for this project shall then be furnished by the Contractor,
7-2.09A.8 GUARANTEE. LED signal modules shall be guaranteed by the Contractor for a period of one year starting on
the day after the project is accepted by the Engineer. Modules that fail during this period shall be replaced and installed by the Contractor. The replacement modules shall be delivered to the Engineer, or to the City Corporation Yard located at 4101
Truxtun Avenue, within five working days after notification. The failed modules will be made available to the Contractor at
the above address at the same time as the replacement is delivered.
7-2.09A.9 WARRANTY. The manufacturer shall provide a written warranty against defects in materials and' workmanship
for the LED signal modules for a period of 36 months after installation of the modules. Replacement modules shall be
provided promptly after receipt of modules that have failed at no cost to the City except cost of shipping of the failed
modules. All warranty documentation shall be given to the Engineer prior to installation.
7-2.10 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.
36
4 n.
Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and two light sources,
each consisting of luminous tubing and power supplies for the luminous tubing.
The message plate shall be 118 inch nominal thickness ultraviolet-stabilized, prismatic-patterned polycarbonate plastic; 3116
inch nominal thickness hammered wire-glass; or 3116 inch nominal thickness ultraviolet-stabilized, prismatic-patterned
acrylic plastic. The message plates shall have aflat-black surface over the entire projected area except where the symbols are
located. The material used to mask the message plate shall be hard and durable and shall bond such that it will not flake or
peel when the message plate is in use or is washed. The symbols shall be the only illuminated portion of the message plate.
The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module. The module shall
contain and properly support the luminous tubing and power supplies.
Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with a power factor
of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 + 1 Hz.
Each symbol shall be not less than 11 inches high and not less than 7 inches wide.
Pedestrian signals shall have front screens conforming to the provisions in Section 86-4.OSB, "Front Screen", of the Standard
Specifications.
7-2.11 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High Intensity-Discharge
Luminaires,." of the Standard Specifications and these special provisions.
Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as shown on the
plans.
An in-line fuse shall be located in the pull box.
7-2.12 INTERNALLY ILLUMINATED STREET NAME SIGNS. Internally illuminated street name signs shall conform
to the provisions in Section 86-6.065, "Internally Illuminated Street Name Signs," of the Standard Specifications and these
special provisions.
Internally illuminated street name signs shall be furnished and installed by the Contractor and shall be Type A per Caltrans
Standard Plan. ES-33 with a single Type V photoelectric control to control all signs per Section 86-6.07, "Photoelectric
Controls," of the Standard Specifications.
Internally illuminated street name signs installed and mounted on signal pole mast arms 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 lump sum price for Traffic Signal and Lighting System
and no additional compensation will be allowed therefor.
7-2.13 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6.07,
"Photoelectric Controls", of the Standard Specifications and these special provisions.
Each luminaire shall be provided with a Type IV photoelectrical control. Internally illuminated street name signs shall be
controlled by a single Type V photoelectric control located in the service pedestal.
7-2.14. AUTOSCOPE. Vehicle detection will be Econolite's AUTOSCOPE-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-Z Crimping Tool. Weatherproof connections shall not be at bottom of drip loop. Connections at cameras
shall be appropriately wrapped and weatherproofed.
a
7-2.15 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all
systems and their wiring and installation, except Autoscope hardware, Opti-com hardware and traffic signal lamps, installed
37
under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed,
shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the
plans and these special provisions.
7-2.16 PAYMENT. Payment for Traffic Signal and Lighting System shall conform to the provisions in Section 86-8,
"Payment", of the Standard Specifications and these special provisions.
Full compensation forcast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum
price paid for the item requiring foundations and no separate payment will be made therefor.
38
PROPOSAL
FOR
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IMPROVEMENTS ON
TRUXTUN AVE AT "S" AND "T" STREETS
To the City Clerk of the City of Bakersfield.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location
of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this
proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide
all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in
accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and
as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the. Engineer as therein
set forth, and that he will take in frill payment therefor the unit prices or lump sums set forth in the following schedule:
If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of
insurance acx~ptable to the City as is required within ten (10) days, not including Sundays, after the bidder receives notice from the
City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another
bidder.
ITEM ESTIMATED UNTf OF ITEM UNIT PRICE EXTENSION
N0. QUAN1TfY MEASURE (in figures) PRICE (in figures)
1. 885 SQFT Remove Traffic Stripes & Pavement Markings
2. 4 EA Remove Roadside Sign
3. 1 EA Relocate Roadside Sign
4. 4 EA Remove Tree
5. 310 CUYD Roadway Excavation
6. 75 CUYD Imported Borrow
7. 160 TONS Aggregate Base Class 2
8. 120 TONS Asphalt Concrete (Type "B")
9. 2 EA Install Roadside Sign (Strap and Saddle Bracket
Method)
10. 15 EA Install Roadside Sign (GSP Post)
11. 50 LF Minor Concrete (Curb & Gutter)
12. 340 SQFT Minor Concrete (Sidewalk)
13. 455 LF Minor Concrete (Median Curb, Type "IVI")
14. 285 LF Minor Concrete (Median Curb, "M-2"
Modified)
15. 760 S FT Minor Concrete (Textured Pavin
Signed
Bidder
Page 1 of 4
39
PROPOSAL FOR: TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IMPROVEMENTS
ON TRUXTUN AVE AT "S" AND "T" STREETS
ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION
N0. QUANITTY MEASURE ~ (in figures) PRICE ((in figures)
16. 75 LF Painted Traffic Stripe, Detail 38
17. 250 SQFT Paint Pavement Marking
18. 30 LF Thermoplastic Traffic Stripe, Detail 9
19. 365 LF Thermoplastic Traffic Stripe, Detai122
20. 100 I,F Thermoplastic Traffic Stripe, Detail 38A
21. 265 LF Thermoplastic Traffic Stripe, Detail 38
22. 630 SQFT Thermoplastic Pavement Marking
23. 1 LS Modify Irrigation System
24. 1 LS Traffic Si al and Li tin 5 stem
Signed TOTAL $
Bidder
BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA:
CLEARLY LIST ANY AND ALL ADDENDA NUMBERS RECEIVED ON THIS PROJECT, ABOVE AND ON THE LOWER LEFT
HAND CORNER OF THE SEALED BID RETURN ENVELOPE.
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER THE PENALTY OF PERJURY
Signed. _ Bidder .Company
Address
P.O. Box
City, State Zip Code
Area Code Telephone No.
License No./Expiration Date
Page 2 of 4
40
PROPOSAL FOR: TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IlViPROVEMENTS ON TRUXTUN AVE AT "S" AND "T"' STREETS INSERT NAME OF PROJECT
The Extension Puce has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the
Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the
t correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible
or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance
with the following:
a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price.
b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and
the price thus obtained shall be the Unit Price.
LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the
mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one percent (0.5%) of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000),
whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with
said bid proposal.
Subcontractor's Name/ Description of portion Street Address (City, State, Zip) of work subcontracted
(attach additional sheets if needed)
Page 3 of 4
41
PROPOSAL FOR: TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND
IMPROVEMENTS ON TRUXTUN AVE AT "S" AND "T" STREETS
.Accompanying this proposal is
[NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case mav_ be], in an 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:
Il1~ORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners
composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractor's License No.
SIGN
HERE
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or
officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the fum shall be set forth
above together with the signature of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a
partnership, a Powerof Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted ~~~ith
the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address
Telephone No.
Place of Residence
Date
Pace 4 of 4
42
BIDDER'S BOND
(To Accompany Proposal)
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
_as principal, and
as surety, are held and fumly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of
dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct
in the City of Bakersfield as referred to in the NOTICE TO
CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors,
administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and
shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and
remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set out hands and seals this day of ,19
(Seal)
(Seal)
(Seal)
r Page 1 of 2
43
NONCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal)
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IMPROVEMENTS ON
TRUXTUN AVE AT "S" AND "T" STREETS
STATE OF CALIFORNIA )
ss.
COUNTY OF )
being first duly sworn, deposes and says that he or
Name
she is of
Title Company
the party making the foregoing bid; that the bid is not made in the interest af, 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 duectl}• or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not
in any manner,, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or
.any other bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure an}• advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdo«n thereof , or the contents thereof, or divulged information or data relative thereto, or paid,. and will not pay, any fee to any corporation. partnership, company,
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 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
Page 1 of 1
45
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M V V ~ J
STATE OF CALIFORNIA
DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION SUMMARY
STD. 840 PROPOSED 3/98
COMPLETION INSTRUCTIONS
This form must be completed whether the contract goals are achieved or a "good faith effort" is made and documented. If
no participation is obtained, state "NIA" or "NONE". Full and partial goal achievement should be reported.
p.
COMPANY NAME - list the name of the company proposed for DVBE participation. If the prime contractor is a DVBE,
the name MUST be listed for participation.
NATURE OF WORK -identify the proposed work to be performed by the prime contractor or subcontractors.
CONTRACTING WITH -list the name of the department or company with which the company listed is contracting.
TIER -the contracting tier should be indicated with the following level designations:
O=Prime or Joint Contractor
1=Primary Subcontractor/Supplier
2=Subcontractor/Supplier ofLevel lSubcontractor/Supplier
3=Subcontractor/Supplier of Leve12Subcontractor/Supplier, etc.
CLAIMED DVBE VALUE -the total participation dollar amount claimed by a disabled veteran business enterprise
(DVBE) for this bid.
CERTIFICATION - to obtain DVBE participation credit, the firm must be formally certified by the Office of Small and
Minority Business. Write "yes" if the certification verification has been included for each firm listed for participation.
AGREEMENT N0.
CONSTRUCTION PROJECTS AGREEMENT
THIS AGREEMENT is made and entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, ("CITY" herein) and
(a California Corporation. Hawaii Corporation. Delaware Corporation, Individual. etc.) ("CONTRACTOR" herein).
RECITALS t
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of
construction; and
WHEREAS, CITY desires to employ CONTRACTOR to
("project herein), 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
("project" herein) .
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:
A. Notice to Contractors
B. Special Provisions
C. Bid Proposal
D. Bidder's Bond
E. Performance Bond
F. Material and Labor Bond
G. Letters of transmittal, if any
H. All provisions required by law to be inserted in this contract whether actually inserted or not.
I. Current State of California DAS 140 Form
(if required by Specifications)
46
2. COMPENSATION. Compensation for all work, services or products called for underthis Agreement
shall consist of a total payment of Dollars which shall be
paid as follows:
The compensation set forth in this section shall be the total compensation underthis Agreement including, but
not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise
agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered, minus a ten percent
(10%) retention, 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.
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 in conformity 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.
8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this
Agreement and. those in exhibits attached hereto, the terms, conditions, or specifications set forth in this
Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in
this Agreement, whether or not actually attached.
9. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with
all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in
force, .pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this
Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which
may hereafter be in force.
10. INDEPENDENT CONTRACTOR. This Agreement calls forthe performance of the services of
CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any
purpose and is .not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not
be construed as forming a partnership or any other association with CONTRACTOR other than that of an
independent contractor.
11. INSURANCE and BONDS. In addition to any other insurance or bond required under this
Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types
and limits of insurance ("basic insurance requirements") herein:
11.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with
limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
11.1.1 Provide coverage for owned, non-owned and hired autos.
11.1.2 Provide contractual liability coverage for the terms of this Agreement.
47
11.2 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:
11.2.1 Provide contractual liability coverage forthe terms of this Agreement.
11.2.2 Contain an additional insured endorsement in favor of the City, its mayor, council,
officers, agents, employees and volunteers.
11.3 Workers' compensation insurance with statutory limits and employer's liability insurance
with limits of not less than one million dollars ($1,000,000} per accident; and the policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers,
agents, employees and volunteers.
All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or volunteers and any insurance orself-insurance maintained by the CITY, its mayor,
council, officers, agents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall
not contribute with it.
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.
CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the
CITY. CITY shall approve in writing all such. security instruments priorto the commencement of work on the
project.
12. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents
and employees against any and all liability, claims, actions, causes of action or demands whatsoever against
them, or any of them, 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 Agreement whether or not caused in part by a party indemnified hereunder, except as limited by California Civil Code section 2782.
13. .EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall
not apply to the interpretation of this Agreement.
48
a_
14. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served 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 BAKERSFIELD PUBLIC WORKS DEPARTMENT
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
(805) 326-3724
CONTRACTOR:
15. FO_. Any lawsuit pertaining to any matter arising under, or growing out of, this contract
shall be instituted in Kern County, California.
16. ASSIGNMENT. ~ This contract shall not be assigned by any party, or any party substituted,
without prior written consent of all the parties.
17. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of,
and be binding upon, the parties to the contract and their heirs, administrators, executors, personal
representatives, successors and assigns, and whenever the context so requires, the masculine gender includes
the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any
number of counterparts, each of which shall be considered as an~ original and be effective as such.
18. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other
papers,. or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon
preparation, .become the property of the CITY.
19. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other writtendocumentation pertaining to all costs incurred in performance of this Agreement. Such records and
documentation shall be kept at CONTRACTOR's office during-the term of this Agreement, and for a period of
three years from the date of the final payment hereunder, and said records shall be made available to CITY
representatives upon request at any time during regular business hours.
20. CORPORATE AUTHORITY. -Each individualexecuting this Agreement represents and warrants. they are duly authorized to execute and deliver this Agreement 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
CONTRACTOR is a corporation? Yes No_.
(Please check one.)
49
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
"CITY" ~ "CONTRACTOR"
CITY OF BAKERSFIELD
gy; gy;
BOB PRICE
Mayor
Please Print or Type Name & Title
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By'
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
RAUL M. ROJAS
Public Works Director
COUNTERSIGNED:
By:
GREGORY KLIMKO
Finance Director
50
FAI~'HFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD,
County of Kern, State of California, a municipal corporation, hereinafter designated the "Owner," has on
Date of Award ,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 TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND
IlVIPROVEMENTS ON TRUXTUN AVE AT "S"AND "T" STREETS; and
WHEREAS, said Principal is required under the terms of said contract; and
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Com„pan,~! as Surety, are. held and fumly bound
unto the Owner in the sum of 1.00% of Amount Awarded at Council Meeting Dollars lawful money of the United
States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions,
and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless,
the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in
full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's
fees as .shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a
period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its
heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and
resulting from or caused by defective materials andlor faulty workmanship in the. prosecution of the work done, the above obligation in the
said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the
Surety hereunder shall continue so long as any obligation of the Principal remains.
51
b
A_ And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of
the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the ntract or to
the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. .
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of
,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by
its undersigned representative, pursuant to authority of its governing body.
Seal
Principal
Signature for Principal, Title
Seal)
Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature}
52
MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated 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 TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IlVIPROVEMENTS ON TRUXTUN AVE AT "S" AND "T"STREETS ;and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his
or its subcontractors, shall fail to pay for any matenals, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any king, the Surety of this bond will pay the same to the extent
hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company, as Surety, are held and firmly bound unto the Owner the penal sum of 50% of Amount Awarded at Council Meeting_ Dollars lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, .shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted
to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to
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 required by the provisions of Chapter III, Division V, Title I of the Govenunent Code of the State of Califonua, or with respect to any work or labor for which a bond is required by the provisions of
Sections 3247 through 3252. of the Civil Code of the State of California, and provided that the persons, companies, or corporations so
fiunishing said materials, provisions, or other supplies, appliances, or power use, in; upon, for, or about the performance of the work
contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not
exceeding the amount herein above set forth, and also will pay incase suit brought upon this bond, such reasonable attorney's fees to the
Owner as shall be fixed by the court.
53
This bond shall insure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns
entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give a right of
action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of
time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of
Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of
,19 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by
its undersigned representative, pursuant to authority of its governing body.
t
(Seal)
Principal
Signature for Principal, Title
(Seal)
Surety
Surety Address & Telephone No.
Signature for Surety, Title
(Attach notarization form for each required signature)
54
ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(To be completed by the Contractor, if he elects to substitute securities in lieu of retention)
THIS ESCROW AGREEMENT is made and entered into by and between:
whose address is
hereinafter called "Owner,"
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent". Fir the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with
Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant
to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated
(hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least
equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor.
Securities shall be held in the name of ~ ,and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress
payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until
such time as the escrow created hereunder is terminated.
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. Upon seven (7) days written notice
to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied
with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and
securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of
this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
55
10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, areas follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
c
Signature Signature
Address Address
r
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor:
Title Title
Name Name
Signature Signature
t~
56
GUARANTEE
MATERIAL AND WORK~VIANSHIP
CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor 1501 Truxtun Avenue
t Bakersfield, California 93301
In accordance with the terms of the Contract for: s
T
awarded on ,between
the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for
and other facilities and under which contract the
undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to reppa~ir and/or replace at our own cost and ex ense, an and all such work and/or materials which ma rove defective in
workmanshi or materials within a riod of one 1 p ear from the date of acc fence of the above named co s p P I~ ) Y n traction project, ordinary wear and tear or ne lect excepted. We a so agree to re air andlor replace, at our own cost and ex ense an work and/or
p P ~ Y materials that we may distur or displace in making good such defects.
Withintwenty-four (24 hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects ~n said wor or materials, we agree to commence and prosecute wrth due diligence, all work necessary to fulfill the terms
of this guarantee and to complete the work vv~thm a reasonable penod of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to
have .such work done at our expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and tuns to the benefit of both the City of the above mentioned construction project and the City's
representative, and shall be enforceable by either of them.
Dated ontractor's ame
Au onze ignature
57
GUARANTEE
TRAFFIC SIGNAL EQUIPMENT
CITY OF BAKERSFIELD
Department of Public Works -
1501 Truxtun Avenue, Annex Building
Bakersfield, California 93301
In accordance with the terms of Contract No. for:
TRAFFIC SIGNAL AND LIGHTING SYSTEM INSTALLATION AND MEDIAN ISLAND IlViPROVEMENTS
ON TRUXTUN AVE AT "S" AND "T"STREETS
awarded on , between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, w c contract prove es or a costa ation of li tin andlor traffic si al s stem, and under which contract the undersigned
has funished and installed such system, the following guarantee o 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 (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, u on demand, for its expenses incurred in restorin said systems to the condition
contem lated in said contract, includin the cost of an e u~ merit or materials re laced, or, u on demand b gthe Ci ~ , to re lace an such P g Y q P P P y ~Y P Y 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. Pnor to such re lacement or repau work bein done b the Ci , the undersi ed shall have the o tion to make any p g Y tY l~ P needed repairs or replacements. In the event the Ci elects to have said work rformed b the undersi ed, the undersi ed a ees that
the re airs shall commence to be made and such maa erials as are necess sha 1 commence to be ggnn ~ ' ' ~ p ary funished and installed v►nthin Twenty-Four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the
work vv~tlin a reasonable period of tune, 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
58
1't~is form should be sent io the Joint Apprenticeship Committee
of the craft or trade in the area of the site of the public work. If you have any questions as to the address of the appropriate p U B L~ C WORKS
Joint Apprenticeship Committee, contact -the nearest office of ~ p NTR ACT A1NAR D 1 N F~ R M AT14 N
he Division of Apprent~ceshlp Standards (DASI. Consult your alepho~e directory under California, State of, Industrial
Relations, for -the DAS office in your area.
NAME OF CONTRAAC'TOA CONTRACTORS STATE LICENSE N0.
,r
CONTRACTORS HALING ADDRESS- NuMeEA a STREFr, Cf TY, Z1P CODE AREA COOS a TELEPHONE No.
NAME a LOCaTION OF PUBLIC WORKS PROJECT DATE OF CONTRACT AwAAO
DATE OF ExPECTED OR ACTUAL START OF PROJECT
NAME a ADDRESS OF P1~i,JC AGENCY AWARDING CONTRACT ESTiMAT~ t~1M9EA OF JouRNEYMEN HOURS
APPRENTICES
OCCUPATION OF APPRENTICE NUMBER TO 8E EMPLOYED ~ APPROXIMATE DATES TO 8E EMPLOYED
Check One Of The Boxes Below:
Box 1 We' request dispatch of apprentice(s) for this job. We voiuntanly choose to comply with the applicable Joint Apprenticeship Committee Standards for the duration of this lob only, ~n training the apprentice(s). We
assume no other obligations to the committee or unions under State or Federal laws.
Box 2 We request dispatch of apprentice(s) for this job. We do not wish to follow the applicable Joint a .
Apprenticeship .Committee Standards in training the apprentices; instead, we agree to employ and train
apprentice(s) in accordance with the California Apprenticeship Council regulations governing employment of
apprentices on public work projects. We assume no other obligations to the committee or unions under State or Federal laws.
Box 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 We do not request the dispatch of apprentices) since apprentices are not required on this job under the .
provisions of California Labor Code Section 1777.5, because:
.
S~gnaiure
Typed Name
Title _ - - Date
State of California - Department of Industrial Relations
oAS too (New t~so) DIVISION OF APPRENTICESHIP STANDARDS
y
r