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HomeMy WebLinkAbout1990 Special Provisions Project 51001COPY N0. ~ 5 CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CO~V'TRACT FOR TRAFFIC SIC~~AL r~~ODIFICATION ON BEALE AVENUE AT MONTEREY STREET AND NLLES STREET. ~ BID OPENING: DATE September 20, 1990 TIME 2:00 P.~~1. PROJECT N0. 51001 oFESSro,~ Q~ ~ ~0 ~N . w ~ DEPARTMENT OF .PUBLIC WORKS ~ Q~, ~ CITY. OF BAKERSFIELD ~ ~ ~ 'L 1501 TRUXTUN AVENUE ~ ~ ~ ~ ~ o. 32300 ~ j B~~KERSFIELD, CA 93301 , Tele hone:. (305) 326-3724 EXP.~~ A ~ S ~ CIV~~ ~ '9 1~ OF ~A~ D23:51001 JL:lh CITY OF B~~KERSFIELD DEPARTMENT OF PUBLIC WORKS M. NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M, on September 20, 1990 to be publicly opened and read in~nediately thereafter, for the following work: TRAFFIC SIGNAL MODIFICATION ON BEALE AVENUE AT MONTEREY STREET AND NILES STREET ' Plans and specifications, and forms of proposal, bonds, and contract, maybe obtained at the office of the Purchasing Officer by posting a refundable deposit of ZERO ( $ -0- )for each complete set. Refund of deposit will be made. provided the plans and specifications are returned to the Purchasing Officer within ten (10} days from date of bid opening and the documents are in reasonable good condition. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately ,following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee~in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. a. The City. of Bakz rsfield reserves ,the right to reject any or all bids. Bids are; required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Governn~nt Code 4590.. Eligible securities include interest bearing demand deposit accounts, standb letters Y 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 De sits in Lieu of ~ ~ po Rztentlon Included In the back of these special provlslons. The Contractor must possess a valid C1ass,A or C-10 Contractor's License at the time, this contract is awarded. The work contemplated shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated ,Tanuary, 1988, insofar as the same. may .apply. k~` Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.} the Contractor shall not pay less-than the prevailing rate of wages to workers on this project as determined by the Director of California Depar_ tment of "Industrial Relations. The Director's schedule of prevailing rates is on file and opzn for inspection at the City of Bakersfield, Department of Public works, 1501 Truxtun Avenue, Bakersfield, California. 4 D23:51001.1 ~ -1- ~ JL:lh CITY OF B~~KERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PRlJVISIONS SECTION 1 - DEFINITIONS AND TERMS 1-1..01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, January 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the. special. provisions shall take precedence, over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: City - City of Bakersfield, California. Department of Transportation, CALTI~ANS - The Engineering Department of the City of Bakersfield.. Director - City Engineer. Engineer - The City Engineer, acting either directly or through properly authorized agents,, such agents acting within the scope of the particular duties entrusted to them.. Laboratory - The designated .laboratory authorized by the City to test . materials and work involved in the contract. Standard Specifications - Standard Specifications of the. Department of Transportation, Business and Transportation Agency, dated January, 1988. State - The City of .Bakersfield. State Contract Act - Chapter 1, Division 2 of the Public Contract Code. ,The provisions of this act do not apply to this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent ,and meaning specified in Section 1, Definition of Terms of the Standard Specifications. D23:51001.3 -3- JL:lh SECTION 2. PROP(JSAL REQUIRhMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City. of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o°clock P.M, on September 20, 1990 sealed proposals for TRAFFIC SIGNAL MODIFICATION ON BEALE AVENUE AT MONTEREY STREET AND NILES STREET 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be .encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications,. the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. ~1 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals-may 'rte rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected. The right is reserved to reject any and all proposals and waivA any irregularity. 2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immediately following .these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name, telephone number and post office address must be shown. If made by affirm or partnership, the nano and post office address of each. member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the. names, titles, and business addresses of the president, secretary and treasurer. D23:51001.4 -4- JL:lh 2-1.06 BIDDER'S GUAR~~NTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to' the City of Bakersfield, for an amount equal to at least ten percent (10~) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. ~ e 2-1.0? REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to wham the bidder proposes to subcontract portions of the work in the amount of 1/2 of one . percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalt~.es for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the Subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that this listing requirement .is in addition to .the requirement to .provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 OMISSIONS IN SPECIFICATIONS AND~DRAWINGS. Any. materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. 2--1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing. Department. The request shall be executed by the bidder or his duly authorized representative.. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn-after the time fixed in the public notice for the opening of bids. 2-1.10 PUBLIC OPENING OF PROPOS~~LS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 510?, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder. claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. D23:51001.5 ~ -5- JL:lh Public~Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, . a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, 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 1.01, .with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the .University of California or the Trustees of the California State University. A state agency .may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. ~ . 2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination. thereof under the same or different names.. will not be considered. Reasonable grounds fog believing. that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists 'among the bidders-.any or all. proposals may be rejected. Proposals in which the prices obviously are unbalanced maybe rejected, SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 Glfi1ERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The -award of the contract, if it be awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BOND6. The Contractor shall furnish two good and sufficient bonds,. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount 'equal to one hundred percent (100) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50~) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed . on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code. D23:51001.6 -6- ~ JL:lh Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such .contract to the Contractor or any assignee of the Contractor 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 within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1..05 RET(JRN OF~BIDDER'S GU~EES. Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or forma for deposit of money that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to ,the respective bidders whose proposals they accompany. SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01, GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of ti~ork," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made apart of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice the contract has been approved by the City Council if necessary and to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 40 working-days. Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the. written notice to proceed, whichever comes first. The Contractor shall pay to the City of Bakersfield the sum of $ 200.00 per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above, Full compensation for conforming to the requirements of above paragraph D23:51001.7 -7- JL:lh shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor, SECTION 5. GENERAL 5-1.01 STATE CON'CRA,CT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work .called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in .any form (although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases in work totaling more than ten percent f10~) of the contract amount shall be processed as a change order subject to approval by the City. 5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications and these special provisions. Section 5-1.02 "Plans and working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth ~ . paragraph; Working drawings or plans for any structure not included in the plans furnished by the Engineer shall. be approved by the Engineer before any - work involving these plans shall be performed, unless approval is waived in writing by the Engineer, Section 5-1.07 "Lines and Grades" of the .Standard Specifications is amended by adding the following paragraph after the first paragraph; Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer., If such a discrepancy is not reported to .the Engineer, the ,Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to read; When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. .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 D23:51001.8. -8- JL:lh proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection, 5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720)., Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the ,general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department.. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and sha-11 have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to ,investigate conformance with the wage provisions of this contract. Contractor shall forfeit to the City for ,each worker employed for~each calendar day or portion thereof: a . TG~ENTY-FIVE DOLIC~A~RS 2 5) pursuant to Section 17 7 5 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 DOLI~IRS ($25) pursuant to Section 1813 of the Labor Code, per worker required, to work n~re than eight, (8) hours per day or more than forty.(40) hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.OlA(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 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special-provisions, 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.OlA(5), "Apprentices," of the Standard Specifications, All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the D23:51001.9 JL:lh following: 1. A copy of a "Request for an Application for a Certificate of Approval to Employ and Train Apprentices on Public Works." oThis 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 Form PW 1, enclosed with these specifications. 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. 0 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing. for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division, within two (2) working days following the bid opening. . 5-1.08 T]~ENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract, price for the project includes an expenditure in .excess of 'I~iaENTY-FIVE THOUSAND DQLILARS ( $25, 000) for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall rYot begin any trench excavation unless a detailed plan, showing the design of shoring, braking,. sloping or other provisions to be ~~nade for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer. If such plan .varies from the shoring system standards established by the . .Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. . Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than .that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms "Public `forks" 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 7-1.0_lI, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. D23:51001.10 -10- JL:lh Said noise level requirement shall apply to all equipment o~ 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 co~mmpensation 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 gove~ntal organization which require such permits, licenses or fees.. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOiJRS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction ,Engineer is required for work beyond these limits. Any time work proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully inf©rmed of all existing and future State and National laws and all municipal ,A 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 ahy way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not. commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and. approved by the City Risk Manager and the Public ~rlorks Department, nor shall the .Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk r~anager and the Public Works. Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employzes and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, .his agents, employees or subcontractors under the terms of this agreement .and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and 1 imp. is of ~ insurance Q Automobile liability insurance, providing coverage on an occurrence D23:51001.11 -11- JL:lh basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and The automobile liability policies shall provide coverage for owned, non-owned and hired autos. General liabilit insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence. The liability policies shall provide contractual liability coverage for the terms of this agreement, The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers; Workers' c nsation with statuto limits and a to er's liabilit insurance with limits of not less than one million ($1,000,000) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained. by the City, its mayor, council,. officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. .The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made-for additional costs which may be required by extension of the insurance policies. 5-1.14 CON'CRACTOR'S AUTHORITY. At the preconstruction meeting, the. Contractor shall provide the City with the foreman's or superintendent's name who D23:51001.12 -12- ~ JL:lh will be in charge of this project. 5-1.15 I~~~AGE BY STORM, FLOOD, TIDAL WAVE OR F~~RTHQUAKE. Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.16 ERR IN CITY STREETS. A11 of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 RIC~iT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay-all expenses for additional area required by him outside of .the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPENSION OF CON'T'RACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in-such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and. thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute-other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against-the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money-due the Contractor or retained under the terms of this. contract shall be forfeited to the City; but such forefeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of .the operations of the contract and. the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion. as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 TEMPORARY SUSPENSION OF WnRK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are D23:51001.13 -13- ~ ~TL:1h considered unfavorable for the suitable prosecution~of the work, or for such time as he may, deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor .shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds,. or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to -such extent as may be necessary to protect the City from loss-due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or .information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable. doubt that the contract can be completed for any unpaid balance; e. Damages to another .Contractor; and f. Breach of any terms of thie contract, When any and all such causes are removed, certificates shall be issued for amount withheld. ..The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications ~is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person. designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work ..done thereunder, and the value of such work, and. the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment, The ..final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County D23:51001.14 -14- JL:lh Recorder's Office and after execution and return by the Contractor of~the attached C~JARANTEE when applicable. It is mutually agreed between the parties to the contract that noo certificate given or payments made under the contract except the final r, 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. And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof. 5-1.22 INCR]ASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Sect-ion 24-1.08, "PAYMENT". Second paragraph of Section, 36-1.07, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT". 5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of . .handling hazardous materials when hazardous materials are encountered during this project. SECTION 6. CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and. before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in .accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 4 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. D23:51001.15 -15- JLlh 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. SECTION 7. CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1..01 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 construct-ion area or that are to be relocated and relocation operations have not been completed. In accordance with the prov%sions of Article 7-1.11, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving. or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed. by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays 'may be allowed. At locations where irrigation systems exist, the Engineer will direct the4Contractor as to what steps will be required to protect the irrigation system and. the area it serves. The Contractor shall replace the irrigation D23;51001.1.6 -16- ~ JL:lh system as directed by the Engineer. _ Existing land subdivision monuments and stakes shall be fully protected from dama e or dis lacement and they shall not be disturbed unless directed by g p the Engineer. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to vide for handlin of said water and any expense involved shall be considered pro g as included in the prices paid for the various items of work and no additional allowance will be made therefor. Exce tin the case of extra work, full compensation for conforming to p the requirements of this article, shall be considered as included in the prices aid for the various items of work and no additional c~npensation will be made p therefor. 7-1.02 MAINTAINING ~FIC. The Contractor shall furnish, install nd maintain si s li hts, flags and other warning and safety devices when a gn ► g rforming work which interferes with or endangers the safe movement of traffic on any street or highway. Si s li hts fla s and other warning and safety devices and .their use 9 ~ g 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 Hi hwa s," ublished by the State of California, Department of Transportation. 9 ~ Y ~ p as directed b the Application and use of devices shall be as specified and y Engineer. G ~ The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location-and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.08,-"Public Convenience," of the Standard Specifications, shall be amended to read as follows: Construction o rations shall be actively. in progress only between the * ~ hours of [8:30 AM-4:30. PM], Monday through Friday. there construction o rations are actively in progress, a minimum of one traffic lane, not less than twelve .feet in width, shall be open for use by public traffic. there construction operations are not actively in progress, not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side of the roadbed opposite to the one .under construction. No additional compensation will be allowed for any shaping of shoulders necessa for the accommodation of ,public traffic thereon during ry paving operations. In order to ex dite 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 si ns, li hts, flares, temporary railing (Type K~, barricades, and g g other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the. Contractor shall D23;51001.17 -17- JL:lh furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. Then deemed .necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance of any construction. 7-1.03 REMCJVVE CONCRI~TE. Removing concrete shall conform to the provisions in Sections 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. MEASU]I~EMENT AND PAYMENT.' Full compensation for concrete removal shall be considered as included in the contract lump sum price for-the traffic signal modification. 7-1.04 MISCELLANEOUS CONCI~E'TE CONS'CRUCTION. Portland cement concrete 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. MEASUREMENT AND PAYMENT. Full compensation for miscellaneous concrete construction shall be considered as included in the contract lump_sum price for the traffic .signal modifications. SECTION 7 CONS'['RUCTION DETAILS SECTION 7-2 TRAFFIC SIC~vALS, LIC~iTING, SIGNING, AND STRIPING SECTION 7-2 TRAFFIC SIt~vALS AND LIGHTING 7-2.01 CONDUIT. Conduit shall conform to the provisions -in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings will be required on metal conduit. Conduits ,under existing street pavement may be placed in open trench. Pavement shall be sawcut, with a rock saw unless otherwise directed by the Engineer. Width of trench shall exceed 5 inches. 7-2.02 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 7-2.03 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of~the Standard Specifications and these special provisions. _ D23:51001.18 -18- JL:lh 1 CONDUCTORS - The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and p controller cabinet. Only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white and black. 9 Conductor cable consisting of 1 No. 12 conductor colored white and 8 No. 14 conductors colored 1 each red, yellow, brown, black, red/black stripe yellow/black stripe, brown/black stripe and white black stripe. 28 .Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. CONDUCTOR TABLE Insulation Colors Signal Phase Circuit or Function Base Stripe 2 & 6 Red, Yellow, Brown Black Vehicle,. 4 & 8 Red, Yellow, Brown Orange Signals 1 & 5 Red, Yellow, Browne Silver . 3 & 7 Red, Yellow, Brown Pu le 2p & 6p Red, Brown 2 Black Pedestrian 4p & 8p Red, Brown 2 Orange Signals lp & 5p Red, Brown 2 Silver _ 3p & 7p Red, Brown 2 Purple 2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p Blue Silver 3p & 7p Blue _ Purple Pedestrian. Push Buttons White Black Common Signal ~ White None Railroad Pre-emption Black Red Spare Black None The cable sheath shall be polyethylene and the conductor insulation shall be Type T~:3WN polyvinyl chloride. . Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, "Splicing," of the Standard Specifications are deleted. 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." D23:51001.19 -19- JL:lh 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. 7-2.04 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 I~~'1AGES" of these special provisions. 7-2.05 SIC~IAL FACES AND SIt~1AL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.O1, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions., Housing, visors, directional louvers and Backplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the . Contractor. All signal faces shall be provided with 12-inch sections. The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows: Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.06 PEDESTRIAN SIC~~IALS. Pedestrian signals shall conform to the provisions in Section 86-4,.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Pedestrian signals shall be Type C; and shall have energy efficient heads equivalent to Indicator Controls Corporation Model 4094B. ?-1, 07 .DETECTORS. Detectors shall conform to the provisions in Section 86--5, "Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS: Installation and tests shall-conform to the details and notes shown on the plans. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. D23:51001.20 -20- JLslh After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to .the requirements in Section 95-2.09, "Epoxy .Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road- . surfaces without the use of solvents. t. . In lieu of the epoxy sealant specified above, slots may be filled with any of the following materials: 1. An elastomeric sealant conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall be suitable for use in both asphalt concrete and Portland cen~nt concrete. The cured sealant shall have the following performance characteristics: Measuring Standard Property and Results And Conditions Hardness (indentation) - 65-85 ASTM D 2240 Res. T~~rpe A, Model 1700 77° F. (25° C.) 50o relative humidity. Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled~at 20 IPM. Elongation - 4000, minimum ASTM D 412 Die C, pulled at 20 IPM. Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over l/2" Mandr~ti 1. weathering Resistance - Slight ASTM D 8?_2 Weatherometer 350 Hrs. Chalking Curpd 7 days at 77° F. (25° C.) 500 ' relative humidity. Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.) ,.minimum Tensile; 400, minimum 5o NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature range of -30° C. to 50° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of California Specification 8040--41A-15. 3. Crafco Inc. Loop Detector Sealant Part No. 342?1 or approved equal.. Loop conductors shall be installed without splices and shall. terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimu~~n sensitivity is obtained at the sensor unit. 'Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All. loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in D23:51001.21 -21- - JL:lh the controller cabinet. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic counting installations shall be identified and banded, in pairs, by lane, in the pull box ad'acent to the loops and near the termination of the conductors in the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 86-2.09, "Wiring." Identification of each conductor pair shall consist. of labeling the base and detector slot number (e.g. - 6J2L, 8JSU, 3I5U, etc.} in permanent ink p o. TY5532 on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog N or approved equal}. If asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be .installed, as shown on the plans, in the cc~cnpacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy sealant. Loop detector lead-in cables shall conform to the provisions in Section 86-5.OlA (4), "Construction Materials," of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: 1. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor, 2. Loop wires in the. pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be soldered and completely waterproof. Connect. one end of the shield to earth ground (at cabinet} and insulate the other end with no possible path to earth ground. 7-2.08 GUA~KANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the date of acce tance of the work. The guarantee, properly executed, shall be filed with the p City before notice of completion and final acceptance is made by the City of the a work described on the plans and these special provisions. 7-2.09 PAYMENT.., Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundations. shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor. D23:51001.22 -22- JL:lh 8040--41A-15 STATE OF CALIFORNIA Specification Asphaltic Emulsion Inductive Loop Sealant 1.0 SCOPE This specification covers aone component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops andleads imbedded in asphalt and Portland cement concrete. This. sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test Method No. 434 California Department ofTransportation Standard Specifications 1981 State of California Specification 8010-X~~X~-99 Inspection, Testing and Other Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref . 49CFR. 3.0 REQUIREMENTS 3.1 Composition The .composition of ,the .loop sealant shall be a sand filled, pourable, water emulsified bitumen.. It will be the manufacturers responsibility toproduce a one-component product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 , D23:51001.23 -1- ~JL:lh . Asphaltic Emulsion Inductive Loop Sealant ~ ~ 8040-41A-15 3.2.3 Firm set time, hours, 4 maximum E, test at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2°F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, ~ No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at 75 + 5°F. and 50 + 10~ relative - - ~humidity. Condition mandrel and specimens 2 hours at 75 + 2°F before test. Use aluminum panels, 0.03 inches thick (Q panel or equal). 3.3.2 Tensile Strength, psi, 20 minimum cast .sheets 0.25 inches thick and air dry at 75 + 5°F, 50 + 10~ relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use ASTM D2523. 3.3.3 Elongation, ~ 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 a 3.3.4 Slant-shear strength to concrete, psi, ~ -150 minimum, Use California Test Method No. 434, Part VIII. Space with no loss damp blocks with 0.25. inches between slant faces, seal of adhesion to sides and bottom with tape and fill with the well stirred concrete sample,. strike off the excess.. Dry in 140°F oven to . constant weight and condition 1 day at 75 ± 2°F before. testing.. Load-rate to be 5000 lbs/minute. 3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification or loss of adhesion 3.4 Workmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance `to-the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform product of the .proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use. D23:51001.24 ~ JL:lh Asphaltic E~ulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASS~CE PRpVISIONS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-X~~-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be -0 sampled at the place of manufacture and application will not. be permitted until the material has been approved by the Engineer. 5.0 PREPARATION FOR DELIVERY 5.1 Packaging The sealant- shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size the containers shall be new, round standard full open head with . bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate Commerce Commission .regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. a The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference, 49 CFR. D23:51001.25 ►TL:lh Asphaltic E~ailsion Inductive Loop Sealant ~ 8040-41A-15 6.0 NOTES 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of-this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets. 6.2 Patents The Contractor shall assume all costs arising from the use of,patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of California, and its duly authorized representatives, from all suits at law or action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes. 6.3 ~ Certificate of Compliance The manufacturer shall furnish a Certificate of C~npliance with each batch of sealant, in accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, January 1981. A D23:51001.26 JL:lh PROPOSAL FOR TRAFFIC SIGNAL MbDIFICATION ON BEALE AVENUE AT ~'IONTEREY STREET AND NILES STREET 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 pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed 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 spe- cif ications for the above, filed in the off ice of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or -lump sums set forth in the followilg schedule: -.The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature,. the proceeds of the check or bid bond accompanying his bid shall become the pro-. perty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION No. QUANTITY N~~ASURE ( in figures) PRICE (in fi res) 1 LS LS ~~odify existing traffic signal s stem Total $ SIGNED Bidder Company Address City State Zip Code ( ) - Area Code Telephone Number License No. and Expiration Date 'THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PER:NRY. n~ ~ ~ 51 ~ (l l . ?_.7 Pine 1 ~f 1 JL : lh - The Extension Price has been calculated ,by multiplying the Estimated Quantity by the~Unit Price. In the case of lwmp sum items, the Estimated ' Quantity shall be unity. The Bid Total is the sum of all Extension Prices. .Bidder agrees that in case of any discrepancy between the Unit Prices} and the respective Extension Price(s) and/or the Bid Total, the Unit Prices) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided,. however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following: (1} As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2) As to unit basis items; the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each-subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one (1~} percent of prime Contractor's ,total bid, or TEN THOUSAND DOLILARS ($10,.000), whichever. is greater, and the j portion of the work which will be done, by each subcontractor. This list is to , be completed and submitted with said bid proposal. Subcontractor's Name Description of portion . and Street Address (Cit ,State, Zi } of work subcontracted (attach additional sheets if needed) If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance . acceptable to the City as is required within eight (8) days, not including Saturdays, Sundays and legal holidays,, 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. D23:51001.28 ~ -28- JL:lh [This form shall be coa~pleted by all Bidders and submitted whth the Bid] TRAFFIC SIGNAL MODIFICATION 4N BEALE AVENGE AT MO~~'I'EREY STREET AND NILES S'.CREET e NONCOLLUSION AFFIDAVIT TO BE EXE~JTED BY BIDDER AND SUBMITTED WITH BID State of California ss: County of . ) ,being first duly sworn, deposes and Name says that he or she is of Title Gay the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,. organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put _ in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference .with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,.,©r of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;.that-all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, .any fee to any corporation, partnership, company, association, organization, bid depository, or to and member or agent thereof to effectuate a .collusive or sham bid." Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of , 19 D23:51041.29 -29- JL:lh Acco~npariying this proposal is u u n 1 n n NOTICE. Insert the words cash cashier s check, certlfled check," or "bidder's bond," as the case may be), in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and meager 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 ffirst and last names in full: , • • . • • • , • • . • • • • • . • , • • . • • • • • • . • • , • , • • • • , • , • . • • • • • • • . • . • • • . • • • • • • • , . • • . • . • , • f . Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NOrI'E--If bidder is a corporation, the, legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true. name of the firm shall be set forth above together with ,the signature of the partner. or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than. an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid;.otherwise, the bid will be disregarded as y irregular and unauthorized. . Business Address Telephone No. Place of Residence . ~ Dated 19.,,,. D23:51001:30 -30- JL:lh BIDDER'S BOND 'PO ACCOMPANY PROP~~AL (Not necessary if ,cash or certified check is with bid) RNOV~ ALL MEN.. BY '~I~SE PRESENTS : That we as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators,: successors or assigns, jointly and severally ~by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, ,hereunto annexed, to construct in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly .enter into and execute a contract, to construct said . improvements aforementioned, and shall-execute and deliver the two bonds required by law, within ten days (not including Sunday} from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. _ IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 (Seal} (Seal) 4 {Seal} D23:51001.31 Page 1~of 2 JL:lh STATE OF CALIFORNIA ) ss. CO1~3TY OF On this day of 19......, before me, a notary public in and for the County of State, of .California, personally appeared rsonally known to me proved to me on the basis of ~ - satisfactory evidence to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he subscribed the name of ..........................................thereto as surety, and his own name as Attorney in Fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate _f first above written. Notary Public in and for said County and State D23:51001.32 Page 2 of 2 JL:lh GUARANTEE TRAFFIC SIC~IAL EQUIPMENT n CITY OF ~RSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. , for: TRAFFIC SIGNAL MODIFICATION ON BEALE AVENUE AT MONTEREY STREET AND NILES STREET, awarded on , between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract rovides for the p installation of li htin and/or traffic si al s stem and under which contract the undersigned has furnished and installed such s stem Y the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole rove P defective, due to faulty workmanship,... material furnished, or method of installa- tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City,. upon demand, for its expenses incurred in restorin said s stems to the g Y condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to re lace an such e i nt p Y ~ I~ 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 re airs or re lace- . p p merits itself or to have such replacements or repairs done by the undersi ed. Prior to such replacement or repair work being done by the City, the undersi ed shall have the o tion to make an n ~ p y eeded repairs or replacements. In the event the Clty elects to have said work performed by the undersigned, the undersi ed agrees that the repairs shall commence to be made and such materials as are nec- essary shall ccxrnnence to be furnished and installed within Twenty-Four X24) -hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meanin of this u - g g ar antee in the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included in said contract. a Date Contractor's Signature Firm Address D23:51001.33 -33- JL:lh GUARANTEE MATERIAL AND j+►lORlf~1ANSHIP CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: TRAFFIC SIGNAL MODIFICATION ON BEALE AVENUE AT MONTEREY STREET AND NILES STREET, awarded on , between the City of Bakersfield ~ here inaf ter referred to as "City"), and the undersigned, which contract provides for the installation of and other facilities and under which contract the undersi ned has installed g such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one ~l) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may ,y disturb or displace In making good such .defects. Within twenty-four (24) hours after being notified in V writing by the City or the City's representative, or the a ent of g either of them, of any defects in said work or materials, we a ree to g commence and prosecute with due diligence, all, work necessary to fulfill the terms of this guarantee. and to complete .the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereb authorize the Cit and or ' y ~ y / the Clty s representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. DATED Contractor's Name Authorized Signature D23:51001.34 -34- .-rr • ~ V L• -&AA HOLD. H~~MLESS AGREF~!~~NT CITY OF BAKERSFIELD IT IS HEREBY AGREED that , agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or an Y other persons against loss or expense including attorneys fees, b reason of the Y liability imposed by law upon. the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of (agreement name) IT IS FURTHER [JNDERSTOOD AND AGREED that the Contractor shall (at the option of the City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the expense of counsel, in the defense of any suit arising hereunto. DATED Contractor's Name Authorized Signature D23:51001.35 -35- JL:lh CONTRACT N0, TRAFFIC SIB MODIFICATION ON BF~~LE AVENUE AT MONTEREY STREET AND NILES STREET ~4 THIS AGREEMENT, made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, herinafter called nCity," and , hereinafter called "Contractor"; WITNESSETH: WHEREAS, City has duly advertised for sealed proposals for within the City of Bakersfield. On , the contract was awarded to Contractor upon his properly executed bid; and WHEREAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. NO~r1, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for , within the City of Bakersfield. ARTICLE II The following shall be deemed to be part of this contract as if fully set forth herein: 1. Notice to. Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance Bond 6, Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. 9. Hold Harmless Agreement 10 Current PW1 cif required by Specifications) D23:51001.36 -1- JL:lh IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF B~AKERSFIELD By Mayor (I~~ME OF CONTRACTOR BY Contractor APPROVED AS T~0 FORM: By City Attorney C(xJNTERSIC~IED: By Finance Director D23:51001.37 -2- JL:lh ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between CITY OF B~AI~RSFIELD, a municipal corporation, hereinafter called "Owner," whose address is and hereinafter called "Contractor", whose address is - and hereinafter called "Escrow A ent", g whose address is For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:. 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code of the State of California, Contractor has the o tion to p deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld 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"}. Then Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten X10} da s Y 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 payn~nts 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. D23:51001.38 -1- JL;lh 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 and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. -The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6}, inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who. are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows On behalf of Owner: On behalf of Contractor: Title Title - Name Name Signature Signature Address Address D23:51001.39 -2- JL:lh On behalf of Escrow Agent: Title Name - it _ 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 D23:51001.40 -3- JL:lh FAITHFUL PERFORCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEI~~AS, the CITY OF ~~KERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on , 19 , awarded to a co ration or anized and doing business under and by virtue of the laws of the ~ ~ g ~ ~ i 1 " a contract State of California, hereinafter designated as the Princ pa , for the modifying of the existing traffic signal system on Beale Avenue at Montere Street and Niles Street; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract N~1, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner in the sum of (100 OF AMOUNT AWARDED AT COUNCIL MEETING) lawful money of the United States,, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Princi al his or its heirs, executors, administrators, successors, or assigns, p shall in all things stand to and abide by, and well and truly keep and faithfull rform the covenants, conditions, and agreements in the said Y~ contract and any alterations made as therein provided, on his or their part, to be ke t and rformed at the time and in the manner therein specified, and in p 1~ 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 obli ation shall become null and void; otherwise it shall be and remain in g full force and virtue and Principal and Surety, in the event suit is brought on .thus bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the. above obligation in the said amount-shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. D23:51001.41 Page 1 of 2 JL:lh 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, it does hereb waive notice of any such change, extension of time, alteration, and Y or addition to the terms of the contract or to the work or to the specifications. 'd Suret hereb waives the rovisions of Sections 2819 and 2945 of the Civil Sai y Y p 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 judgement rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instr~,unent under their seals this day of , the name and corporate seal of each corporate party being hereto affixed and these resents dul signed by its undersigned representative, pursuant to authority of p Y its governing body. Principal HY' (Seal) Signature for Principal Title Surety By • (Seal)Signature for Surety Title .(Attach notarization form for each required signature.) .Page 2 of 2 D23:51001.42 JL:lh MATERIAL - LABOR BOND I~1aw ALL MEN BY THESE PRESENTS, THAT, WHERI~AS, the CITY OF B,AKERSFIELD, County of Kern, State of California, hereinafter designated the "owner," has, on (I1~TE OF COUNCIL MEETING) , awarded to (N~~ME OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of TRAFFIC SIGNAL MODIFICATION ON BEALE AVENUE AT MONTEREY STREET AND NILES STREET WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forths NOW, THEREFORE, WE, the Principal, and (LEAVE BI~~NK 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 o which surn 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 Tabor 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 Government Code of the State of California, 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 furnishing 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 hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. D23:51001.43 1 JL:lh This bond shall inure 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 aright 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 to 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 ~IEREOF, the above bounded parties have executed this instrument under their seals this day of , 19 the name and corporate seal of each corporate party being hereto aff ixed~and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal ) Signature for Principal Title Surety (Seal ) Signature for Surety -Title ,w D23:51001.44 2 JL:lh f.